Notice for Proposed Reservation of Water
Within the Perkins Creek Watershed
Perkins Creek Reach A, B, and C
LAS 26460, LAS 32798, and LAS 32799
Pursuant to AS 46.15 and the rules and regulations promulgated thereunder, notice is hereby given that three applications, with the priority date of June 1, 2007, have been received from the Alaska Department of Fish and Game, 333 Raspberry Road, Anchorage, Alaska, 99518, to reserve water within reaches of Perkins Creek (Reach A, B, and C), on the South Arm of Moira Sound on Prince of Wales Island, for the purpose of maintaining specified instream flow rates to protect fish and wildlife habitat, migration, and propagation. The Department of Natural Resources (DNR or the Department) proposes to establish these reservations of water for the Department of Fish and Game for Perkins Creek from the Ordinary High Water Mark (OHWM) of the outer bank (of the outside braid, where braided) of the left bank up to the OHWM of the outer bank (of the outside braid, where braided) of the right bank, including any sloughs, braids, or channels which carry water and are an integral part of Perkins Creek. The location of these proposed reservations are as follows:
Reach A beginning at the mouth of Perkins Creek where it flows into South Arm of Moira Sound, and extending upstream for approximately 1 river mile to the boundary between Section 9 and 16 in Township 80 South, Range 88 East Copper River Meridian; Reach B beginning at the upstream extent of Reach A and continuing upstream to River Mile 1.8 at the boundary between Section 15 and 16 in Township 80 South, Range 88 East Cooper River Meridian; Reach C beginning at the upstream extent of Reach B and continuing upstream 1.1 river miles to a point just upstream of the boundary between Section 15 and 22 in Township 80 South, Range 88 East, Copper River Meridian, which is the upper extent of Anadromous Waters Catalog stream number 102-30-10280.
Said portions of Perkins Creek are located within the following areas: Reach A within Township 80 South, Range 88 East, Sections 8 and 9; Reach B within Township 80 South, Range 88 East, Section 16; Reach C within Township 80 South, Range 88 East, Sections 15 and 22; all within the Copper River Meridian, Ketchikan Recording District, First Judicial District, State of Alaska.
Applicant Requested Flow Rates*:
*Requested flow rates are those that are requested by the applicant. DNR is in ongoing discussions with the applicant regarding the flows requested and DNR proposed flows (as seen below). Any potential granted flow rates may be adjusted (but never more than the requested flows) based on adjudication findings. For additional information about this, please contact the DNR.
| Time Period | Reach A Requested Flows (cfs)* | Reach A DNR Proposed Flows (cfs) | Reach B Requested Flows (cfs)* | Reach B DNR Proposed Flows (cfs) | Reach C Requested Flows (cfs)* | Reach C DNR Proposed Flows (cfs) |
| January | 20 | 15 | 10 | 7 | 4 | 3 |
| February | 20 | 15 | 10 | 7 | 4 | 3 |
| March | 20 | 14 | 10 | 7.1 | 4 | 3 |
| April | 20 | 14 | 10 | 7.1 | 4 | 3 |
| May | 12 | 8 | 6 | 4.1 | 2 | 1.5 |
| June | 6 | 4.5 | 3 | 2.3 | 1 | 0.9 |
| July | 5 | 3.5 | 3 | 1.8 | 1 | 0.7 |
| August | 6 | 3.6 | 3 | 1.8 | 1 | 0.72 |
| September | 15 | 10 | 8 | 5.1 | 3 | 2 |
| October | 30 | 22 | 15 | 11 | 6 | 4.4 |
| November | 36 | 25 | 18 | 13 | 7 | 5 |
| December | 20 | 15 | 10 | 8 | 4 | 3 |
A reservation of water is an appropriation of water that remains within the stream or lake for any one or a combination of four purposes authorized by statute, including the protection of fish and wildlife habitat, migration, and propagation; recreation and park purposes; navigation and transportation purposes; or sanitary and water quality purposes. Holders of water rights junior to established senior water rights may be unable to divert or withdraw significant amounts of water for consumptive use when stream flows fall below granted flows or water levels.
Further information about these specific conditions or about any other aspect of this proposed reservations of water may be obtained from the Department by contacting Meghan O’Brien at (907) 269-0899 or by email at meghan.obrien2@alaska.gov. Any facts tending to show that the rights of any person or the public interest would be adversely or positively affected by the proposed reservations must be submitted in writing by email, fax, or mail to the Department of Natural Resources, 550 West 7th Avenue, Suite 1020, Anchorage, Alaska 99501-3514 no later than October 24, 2019, before 5:00 PM to be considered. Similarly, comments that might otherwise assist the Department in its determination of the public interest pursuant to AS 46.15.080 (b) are also requested and must be received by the above deadline.
Persons who may be affected by these proposed reservations of water or who have interest in tracking the status of these proposed reservations of water may request notification of the Departments final decision by writing to the Department at the above address.
The Alaska Department of Natural Resources complies with Title II of the American with Disabilities Act of 1990. The State is prepared to accommodate individuals with disabilities by providing aids when requested. Individuals with audio impairments who wish to respond to this notice by telephone may call the Departments Public Information Center in Anchorage between the hours of 10:00 AM and 5:00 PM, M-F at TDD # 269-8411.
The right is reserved to waive technical defects in this publication. Meghan O’Brien, Natural Resource Specialist.