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

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Presentation on theme: "Alaska Department of Natural Resources, DML&W Water Resources Section Putting It All Together Alaska Coastal Management Program Annual Conference April."— Presentation transcript:

1 Alaska Department of Natural Resources, DML&W Water Resources Section Putting It All Together Alaska Coastal Management Program Annual Conference April 24-26, 2007 Gary Prokosch Chief, Water Resources Section

2 DNR, DMLW WATER RESOURCES SECTION ALASKA HYDROLOGIC SURVEY: Responsible for the collection, storage, and dissemination of hydrologic information and data. DAM SAFETY & CONSTRUCTION: Responsible for the safe construction and operation of jurisdictional dams. WATER MANAGEMENT : Responsible for the management of the States water resources and the enforcement of the Water Use Act. Adjudication of water rights and temporary water use authorizations.

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

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

7 Bridge Creek Dam in Homer Dams in Alaska

8 Lake Connell Dam in Ketchikan Dams in Alaska

9 Ft. Knox Tailings Dam near Fairbanks Dams in Alaska

10 Lake of the Hills Dam in Anchorage Why dam safety is important. Failed in killed June 2001

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

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17 THE PERMIT PROCESS (WATER RIGHTS) Pre-project consultation Application submittal Application review, accept, reject or request additional information Collect, analyze, and obtain data related to the proposed application (Alaska Hydrologic Survey, OHMP, ADF&G, ADEC, USGS, boroughs, cities, FERC, BLM, Coastal Districts, and others)

18 THE PERMIT PROCESS (WATER RIGHTS) Public Notice, coordination and consultation (resource agencies, coastal districts, local and tribal governments) Response to objections and comments Prepare a finding of facts and conclusions of law (public interest determination) Permit issuance or denied (not a Water Right) Appeals Establish beneficial water use, and comply with permit conditions, issue Water Right (2 years to 20+ years)

19 PUBLIC NOTICE AND OBJECTIONS PUBLIC NOTICE AND OBJECTIONS DNR Prepares a notice containing the location and extent of the proposed sale, appropriation, or removal, the name and address of the applicant, and other information the commissioner considers pertinent (source of water, quantity, place of use, time of use, and purpose of water use). DNR Prepares a notice containing the location and extent of the proposed sale, appropriation, or removal, the name and address of the applicant, and other information the commissioner considers pertinent (source of water, quantity, place of use, time of use, and purpose of water use). The commissioner shall publish the notice in one issue of a newspaper of general distribution in the area of the state in which the water is to be appropriated, on the DNR web site, and if necessary post it at the nearest post office. The commissioner shall publish the notice in one issue of a newspaper of general distribution in the area of the state in which the water is to be appropriated, on the DNR web site, and if necessary post it at the nearest post office.

20 PUBLIC NOTICE AND OBJECTIONS DNR shall also have notice served personally or by certified mail upon an appropriator of water or applicant for or holder of a permit who, may be affected by the proposed sale, appropriation, or removal, DNR shall also have notice served personally or by certified mail upon an appropriator of water or applicant for or holder of a permit who, may be affected by the proposed sale, appropriation, or removal, DNR may serve notice upon any governmental agency, political subdivision, or person (cities, boroughs, tribal governments, coastal resources districts, and federal, and state land managers). DNR may serve notice upon any governmental agency, political subdivision, or person (cities, boroughs, tribal governments, coastal resources districts, and federal, and state land managers). Notice shall also be served upon the Department of Fish and Game (OHMP) and the Department of Environmental Conservation. Notice shall also be served upon the Department of Fish and Game (OHMP) and the Department of Environmental Conservation. The notice shall state that within 15 days of publication or service of notice, persons may file with the director written objections. The notice shall state that within 15 days of publication or service of notice, persons may file with the director written objections.

21 PUBLIC INTEREST CRITERIA AS 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.

22 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.

23 DNR WEB SITES To View Mining, Land and Water Forms and Applications To View Case File Abstracts To View State Status Plats, State Surveys, Lands Records, and Public Maps For Instructions on Interpreting Status Plats and other Help documents To View Federal and State Mining Claim Information & Mineral Publications To Learn More about the States Geo-Spatial Data Clearinghouse and the Alaska Protracted Land Surveys, and Download GIS Data To View Water Right Maps and Data


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