Notice of Applications for Reservation of Water
Middle Creek/Stream 2003; LAS 27340 (Main Reach); LAS 27436 (Lower Reach); LAS 27437 (Middle Reach)
Pursuant to AS 46.15 and the rules and regulations promulgated thereunder, notice is hereby given that three applications, with priority dates of June 3, 2009 (Main Reach) and August 21, 2009 (Middle & Lower Reaches), were received from Chuitna Citizens Coalition Inc., PO Box B.L.G., Beluga, Alaska 99695-0100, to reserve water within Middle Creek (also known as Stream 2003), near Beluga, Alaska, for the purpose of maintaining specified instream flow rates to protect fish and wildlife habitat, migration, and propagation. The Department of Natural Resources is adjudicating these applications for Chuitna Citizens Coalition, Inc. for Middle Creek/Stream 2003 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 (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 Middle Creek/Stream 2003 beginning from: Main Reach - the mouth at river mile 0.0 at the confluence with Chuitna River upstream to approximate river mile 7.7 at the confluence of Middle Creek/Stream 2003 with tributary 200305; Middle Reach – approximate river mile 1.4 (1.5 original application) at the confluence of Middle Creek/Stream 2003 with tributary 200301, extending upstream to approximate river mile 6.6 at the confluence of Middle Creek/Stream 2003 with tributary 200304; Lower Reach - the mouth at river mile 0.0 at the confluence with Chuitna River upstream to approximate river mile 1.4 (1.5 original application) at the confluence of Middle Creek/Stream 2003 with tributary 200301. These applications are for the following location, time periods, and flow rates:
Said portions of Middle Creek/Stream 2003 are located within Township 12 North, Range 12 West, Sections 3, 10, 11, 13, 14, & 24; Township 13 North, Range 12 West, Sections 26 & 35. All within the Seward Meridian, Anchorage Recording District, Third Judicial District, State of Alaska.
Requested Original and Amended Flow Rates* (cubic feet per second):
| TIME PERIOD | Original Request - Lower Reach Reservation Flows (cfs) | Amended Request - Lower Reach Reservation Flows (cfs) | Original Request - Middle Reach Reservation Flows (cfs) | Amended Request - Middle Reach Reservation Flows (cfs) | Original Request - Main Reach Reservation Flows (cfs) | Amended Request - Main Reach Reservation Flows (cfs) |
| January | 7.8 | 11 | 1.1 | 4 | 3.0 | 2.5 |
| February | 5.2 | 8.5 | 0.7 | 2.5 | 2.0 | 2.0 |
| March | 8.8 | 11 | 0.7 | 3.5 | 2.0 | 2.0 |
| April | 26.1 | 36 | 3.7 | 13.5 | 10.0 | 11.0 |
| May | 52.1 | 72 | 7.2 | 27 | 20.1 | 20.0 |
| June | 24.6 | 30 | 2.0 | 7.5 | 5.8 | 5.5 |
| July | 7.7 | 10 | 0.9 | 3 | 2.5 | 2.5 |
| August | 15.7 | 21 | 2.2 | 8 | 6.0 | 6.0 |
| September | 26.1 | 36 | 3.7 | 13.5 | 10.0 | 10.0 |
| October | 26.1 | 36 | 3.7 | 13.5 | 10.0 | 11.0 |
| November | 30.1 | 23 | 2.2 | 8 | 6.0 | 6.0 |
| December | 11.4 | 14 | 1.1 | 4 | 3.0 | 3.0 |
*Both the Lower and Middle Reaches overlap the Main Reach. Each application will be considered individually. Total combined flows due to overlapping applications will also be considered.
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; 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, including reservations of water, 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 applications may be obtained from the Division by contacting Kimberly Sager at (907) 269-2033 or by email at kimberly.sager@alaska.gov.
Within 15 days of publication or service of notice, persons may file written objections, stating the name and address of the objector, and any facts tending to show that rights of the objector or the public interest would be adversely affected by the requested reservations. Objections must be submitted in writing by email (kimberly.sager@alaska.gov), fax (907-269-8904), or delivered to the Department of Natural Resources, 550 West 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3514 by March 4th, 2015, before 5:00 PM to be considered. Similarly, comments that might otherwise assist the Division 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. Any facts tending to show that the rights of any person or the public interest would be positively affected must also be submitted in writing as directed above.
Persons who have interest in tracking the status of these requested applications may request notification of the Department’s 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.
Kimberly Sager, Natural Resource Specialist