Alaska DNR proposes water reservation rule changes, closes public hearings

Alaska's Division of Mining, Land and Water released a public Q&A on June 26 clarifying proposed water reservation regulation changes and confirming that the scoping phase has ended. The agency will not hold additional public hearings on the proposal.

The revisions are designed to speed up the agency's work. DNR says the updates are expected to let it more efficiently adjudicate new reservation-of-water applications and the required 10-year reviews of existing reservations. Current reservation holders and applicants are the groups most directly affected, particularly those who rely on another agency's measuring station to satisfy gaging requirements.

The updates do not affect existing water rights held under AS 46.15.040. Instead, the Division said the revisions address incomplete applications and unclear gaging responsibilities: "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." Applicants relying on another agency's measuring station must include proof they have formally applied to that agency, or their submission will be considered incomplete.

DNR noted that notices of the proposed regulation changes were sent to individuals who had previously been involved in the water regulations process or had asked to receive information related to it.

The June 26 Q&A is a follow-up to an earlier document DNR published June 5, which addressed the first round of public questions on the same proposed regulations. Critics of the rulemaking process have raised concerns that closing the scoping phase without additional public hearings reduces meaningful opportunities for input on changes affecting mining, agriculture, and community water security across the state.

The scoping phase has passed and DNR does not plan to hold additional public hearings. The official public notice is available at notice.alaska.gov/224294.