Alaska Department of Natural Resources, DML&W Water Resources Section Putting It All Together Alaska Coastal Management Program Annual Conference April.

Alaska Department of Natural Alaska Department of Natural Resources,Resources, DML&W DML&W

Water Resources SectionWater Resources Section

““Putting It All Together”Putting It All Together”Alaska Coastal Management Alaska Coastal Management

ProgramProgramAnnual ConferenceAnnual Conference

April 24-26, 2007April 24-26, 2007

Gary ProkoschGary ProkoschChief, Water Resources SectionChief, Water Resources Section

DNR, DMLWDNR, DMLWWATER RESOURCES SECTIONWATER RESOURCES SECTION

ALASKA HYDROLOGIC SURVEY: Responsible ALASKA HYDROLOGIC SURVEY: Responsible for the collection, storage, and for the collection, storage, and dissemination of hydrologic information and dissemination of hydrologic information and data.data.

DAM SAFETY & CONSTRUCTION: DAM SAFETY & CONSTRUCTION: Responsible for the safe construction and Responsible for the safe construction and operation of jurisdictional dams.operation of jurisdictional dams.

WATER MANAGEMENTWATER MANAGEMENT: : Responsible for the Responsible for the management of the State’s water resources management of the State’s water resources and the enforcement of the Water Use Act. and the enforcement of the Water Use Act. Adjudication of water rights and temporary Adjudication of water rights and temporary water use authorizations. water use authorizations.

AlaskaAlaska Hydrologic Survey Hydrologic Survey

Under AS 41.08 the Alaska Hydrologic Under AS 41.08 the Alaska Hydrologic Survey is charged with the systemic Survey is charged with the systemic collection, recording, evaluation, and collection, recording, evaluation, and distribution of data on the quantity, distribution of data on the quantity, location, and quality of water of the location, and quality of water of the state.state.

Dam Safety & Dam Safety & ConstructionConstruction

Under AS 46.17 this unit is charged with Under AS 46.17 this unit is charged with the safe construction and operation of the safe construction and operation of jurisdictional dams. Any non-federal jurisdictional dams. Any non-federal dams or FERC regulated dam that dams or FERC regulated dam that impounds 50 acre-feet of water and is 10 impounds 50 acre-feet of water and is 10 feet high; or any dam 20 feet high; or feet high; or any dam 20 feet high; or any dam that would threaten lives and any dam that would threaten lives and property if it fails.property if it fails.

Bridge Creek Dam in Homer

Dams in Alaska

Lake Connell Dam in Ketchikan

Dams in Alaska

Ft. Knox Tailings Dam near Fairbanks

Dams in Alaska

Lake of the Hills Dam in Anchorage

Why dam safety is important.Why dam safety is important.

Failed in 1972Failed in 19721 killed1 killed

June 2001

Water ManagementWater Management

Under AS 46.15 this unit is Under AS 46.15 this unit is charged with the adjudication of charged with the adjudication of water rights under the prior water rights under the prior appropriation doctrine. A water appropriation doctrine. A water right is the legal right to the use right is the legal right to the use of surface or groundwater. of surface or groundwater.

THE PERMIT PROCESS (WATER RIGHTS)THE PERMIT PROCESS (WATER RIGHTS)

Pre-project consultationPre-project consultation

Application submittalApplication submittal

Application review, accept, reject or Application review, accept, reject or request additional informationrequest additional information

Collect, analyze, and obtain data Collect, analyze, and obtain data related to the proposed application related to the proposed application (Alaska Hydrologic Survey, OHMP, (Alaska Hydrologic Survey, OHMP, ADF&G, ADEC, USGS, boroughs, ADF&G, ADEC, USGS, boroughs, cities, FERC, BLM, Coastal Districts, cities, FERC, BLM, Coastal Districts, and others)and others)

THE PERMIT PROCESS (WATER THE PERMIT PROCESS (WATER RIGHTS)RIGHTS)

Public Notice, coordination and Public Notice, coordination and consultation (resource agencies, coastal consultation (resource agencies, coastal districts, local and tribal governments)districts, local and tribal governments)

Response to objections and commentsResponse to objections and comments

Prepare a finding of facts and conclusions Prepare a finding of facts and conclusions of lawof law (public interest determination) (public interest determination)

Permit issuance or denied (not a Water Right) Permit issuance or denied (not a Water Right)

AppealsAppeals

Establish beneficial water use, and comply with Establish beneficial water use, and comply with permit conditions, issue Water Right (2 permit conditions, issue Water Right (2 years to 20+ years) years to 20+ years)

PUBLIC NOTICE AND OBJECTIONSPUBLIC NOTICE AND OBJECTIONS

DNR Prepares a notice containing the DNR Prepares a notice containing the location and extent of the proposed location and extent of the proposed sale, appropriation, or removal, the sale, appropriation, or removal, the name and address of the applicant, and name and address of the applicant, and other information the commissioner other information the commissioner considers pertinent (source of water, considers pertinent (source of water, quantity, place of use, time of use, and quantity, place of use, time of use, and purpose of water use). purpose of water use).

The commissioner shall publish the The commissioner shall publish the notice in one issue of a newspaper of notice in one issue of a newspaper of general distribution in the area of the general distribution in the area of the state in which the water is to be state in which the water is to be appropriated, on the DNR web site, and appropriated, on the DNR web site, and if necessary post it at the nearest post if necessary post it at the nearest post office. office.

PUBLIC NOTICE AND PUBLIC NOTICE AND OBJECTIONSOBJECTIONS

DNR shall also have notice served personally DNR shall also have notice served personally or by certified mail upon an appropriator of or by certified mail upon an appropriator of water or applicant for or holder of a permit water or applicant for or holder of a permit who, may be affected by the proposed sale, who, may be affected by the proposed sale, appropriation, or removal, appropriation, or removal,

DNRDNR may serve notice upon any may serve notice upon any governmental agency, political governmental agency, political subdivision, or person subdivision, or person (cities, boroughs, (cities, boroughs, tribal governments, coastal resources districts, tribal governments, coastal resources districts, and federal, and state land managers).and federal, and state land managers).

Notice shall also be served upon the Notice shall also be served upon the Department of Fish and Game (OHMP) and the Department of Fish and Game (OHMP) and the Department of Environmental Conservation.Department of Environmental Conservation.

The notice shall state that within 15 days of The notice shall state that within 15 days of publication or service of notice, persons may publication or service of notice, persons may file with the director written objections. file with the director written objections.

PUBLIC INTEREST CRITERIA

AS 45.15.080 The commissioner shall issue a permit if the

commissioner finds that

(1) rights of a prior appropriator will not be unduly affected;

(2) the proposed means of diversion or construction are adequate;

(3) the proposed use of water is beneficial; and

(4) the proposed appropriation is in the public interest.

PUBLIC INTEREST CRITERIA (b) In determining the public interest, the commissioner

shall consider (1) the benefit to the applicant resulting from the

proposed appropriation; (2) the effect of the economic activity resulting from the

proposed appropriation; (3) the effect on fish and game resources and on public

recreational opportunities; (4) the effect on public health; (5) the effect of loss of alternate uses of water that

might be made within a reasonable time if not precluded or hindered by the proposed appropriation;

(6) harm to other persons resulting from the proposed appropriation;

(7) the intent and ability of the applicant to complete the appropriation; and

(8) the effect upon access to navigable or public water.

DNR WEB SITESTo View Mining, Land and Water Forms and Applications

www.dnr.state.ak.us/mlw/forms/index.htmTo View Case File Abstracts

www.dnr.state.ak.us/las To View State Status Plats, State Surveys, Lands Records, and Public Maps

www.dnr.state.ak.us/landrecords/www.dnr.state.ak.us/pic/maps.htm

www.dnr.state.ak.us/lris/gis_maplib/maplib_start.cfmFor Instructions on Interpreting Status Plats and other Help documents

www.dnr.state.ak.us/landrecords/docs/help.htmlTo View Federal and State Mining Claim Information & Mineral

Publicationswww.akgeology.info/

To Learn More about the State’s Geo-Spatial Data Clearinghouse and the Alaska Protracted Land Surveys, and Download GIS Data

www.asgdc.state.ak.us/To View Water Right Maps and Data

www.dnr.state.ak.us/mlw/mapguide/wr_intro.htm