Questions and Answers Regarding Proposed Water Reservation Regulations 

Division of Mining, Land and Water 

Department of Natural Resources 

June 12, 2026 

Question 1: Barry Santana (via Water Reg Email) - Why are you sending these changes?  

Response: You have received this notice of proposed regulation changes because you were involved previously in the water regulations process or asked to receive information related to the regulation process. 

Question 2: Barry Santana (via Water Reg Email) - Does this mean that I have to change my existing water reservation? 

Response: Upon review, you have a water right associated with a private well on your property. These regulations do not impact water rights such as yours under AS 46.15.040.  

Question 3: Jay Armstrong (via Water Reg Email) - Does the Department interpret Article VIII’s reservation of waters to the people for common use as extending equally to corporations and other artificial entities, or does the Department distinguish between constitutional common use rights held by Alaska residents and permits, privileges, or discretionary approvals granted to corporations? 

Response: This question is outside the scope of the current regulation process. However, “person” is defined under the Water Use Act under AS 46.15.260(7). 

Question 4: Jay Armstrong (via Water Reg Email) - If the Department makes no distinction, please explain what legal authority supports treating corporations the same as Alaska residents for purposes of common use. If the Department does make a distinction, please identify the constitutional, statutory, or regulatory authority for doing so, and explain whether the Department intends to treat corporate use as a privilege subject to greater cost, conditions, or denial than resident common use. 

Response: This question is outside the scope of the current regulation process. 

Question 5: Shirley Fields, Francis Adams, Claudi Thompson, Sherri Lewis, Rebecca Rohena - These individuals question whether the proposed changes could make it more difficult for Alaskans to protect water for salmon, wildlife, recreation, subsistence, navigation, and public use. 

Response: Updating these regulations would allow a more defined explanation of what information is needed from an applicant to support their application for a reservation of water.  In the past, ADNR has requested this information after receiving an application. The regulation changes would clarify the necessary information to apply for a reservation of water and ensure a more efficient adjudication process.  The regulation changes would also reinforce that the applicant is responsible for installing, maintaining, and reporting gage data during the duration of the reservation of water, as they are the interested party requesting it. 

Question 6: Shirley Fields, Francis Adams, Claudi Thompson, Sherri Lewis, Rebecca Rohena - These individuals questioned whether requirements such as five years of monthly data, monitoring devices, reporting obligations, and possible cost-shifting will create barriers for Tribes, communities, nonprofits, and public-interest applicants working to protect water for fish and wildlife. 

Response: These regulation changes are not intended to impose barriers. They are intended to improve the data requirements for adjudicating a reservation. Periodic gage data is needed to establish a baseline of information for a reservation of water.  The 5-year period allows a more accurate data trend that will create more accurate reservation amounts.  While this initial baseline data is sufficient to establish a reservation of water, additional data needs to be submitted periodically at the initial data ages and becomes less accurate. While continuous gage data is ideal, periodic intervals will likely be set based on current accepted ranges. Accurate reservation amounts cannot be determined if gage data is lacking or incomplete.  

Question 7: Becky Long - Did ADNR create a scoping document that encapsulated a summary of the scoping comments? 

Response: DNR does have information related to scoping period on the project website at: https://dnr.alaska.gov/mlw/water/regrevision/.

Question 8: Becky Long - What is the background behind the proposed changes? 

Response: These updates are intended to definitively state what information is required at the time of application for a reservation of water and define who is responsible for installing, maintaining, and reporting gage data.  These updates will allow ADNR to more efficiently adjudicate both reservation of water applications and existing reservation of water 10-year reviews. 

Question 9: Becky Long - Did these proposals come out of the scoping process? 

Response: Yes. 

Question 10: Becky Long - How will the currently held Instream Flow Reservations, the Certificates of Reservation, be impacted or changed by the proposed 11 AAC 93.146(b) Issuance of a Certificate of Reservation amendment? 

Response: Currently authorized reservations of water will not be affected by the proposed updates to 11 AAC 93.146(b). 

Question 11: Becky Long - Is the Alaska Department of Fish and Game, the US Fish and Wildlife Service considered a resource management agency that could still hold the certificate? 

Response: Yes, both agencies are considered resource management agencies and can hold a reservation of water if they are the applicant. 

Question 12: Becky Long - Will these proposed regulations help alleviate the unadjudicated reservation applications backlog? 

Response: It is unknown whether the proposed regulations will alleviate the backlog. 

Question 13: Becky Long - Why is there a fiscal note of zero for these regulation changes? Does this mean there will be no staff to process the Certificate of Reservation applications? 

Response: No. DNR has staff position dedicated to adjudication of water reservations. 

Question 14: Becky Long - Is there currently a staffing of a Reservation of Water Program? 

Response: Yes, the Reservation of Water Program is currently staffed. 

Question 15: Becky Long - The Ten-Year Review of LAS 13228 the Talkeetna River Reservation of Water Priority Date 3/19/1991 has happened. It was signed by the Lead Reservation of Water Program staff and the Water Resources Chief on 11/14/2022. Is this process complete and accepted according to the mandate? Was further review necessary? 

Response: This question is outside the scope of this public notice process. However, an appeal was received on December 5, 2022, regarding ADNR’s 10-year review decision on November 14, 2022, to continue the reservation of water with no changes.  As of yet, no decision has been made regarding the appeal. 

Question 16: Becky Long - These proposed amendments add considerably more application requirements. Water Right Certificates to appropriate water out of a waterbody have considerably less stringent requirements. These certificates are held by non-state agency groups and private people. Why is there this dichotomy? 

Response: Reservations of water are water rights requesting a specified amount of water to remain in a given water body. These requested and potentially authorized amounts are typically vastly larger than the amounts requested or authorized for consumptive water rights.  Reservation amounts can impact the health and safety of fish and wildlife habitat, the quality and amount of recreation, navigation, and transportation that occurs, and even affect public health in and on a reserved water body.  Therefore, DNR supports that more rigorous supporting documentation be submitted with applications for reservations of water than what is requested for consumptive water rights. 

Question 17: Becky Long - A public comment extension of a month should happen and be publicly noticed. This is one of the busiest times of the year for the Alaskan public. 

Response: At this time, DNR is not proposing an extension of time for this public notice period. 

Question 18: Becky Long - A public hearing similar to the ADNR Water Section public meeting in August 2024 needs to occur. This happened during the scoping process for these regulatory changes. 

Response: The scoping process is complete. DNR is not going to a hearing related to this regulation process.  

Question 19: Stosh Anderson - Request for a 120-day extension for comment period for water reg changes due to the time of year of the public notice. 

Response: At this time, DNR is not proposing an extension of time for this public notice period.