Mining News: News Nuggets: Chuitna coalition granted water reservations

The water resources section of the Alaska Division of Mining, Land & Water Oct. 7 published its decision on the Chuitna Citizens Coalition Inc.’s reservation of water applications for Middle Creek/Stream 2003, a tributary of the Chuitna River. These reservations were requested by the conservation group to protect flows for the purpose of protection of fish and wildlife habitat, migration, and propagation, one of the four purposes authorized under Alaska statute. The decision grants a reservation of water to the Chuitna Citizens Coalition in the lower reach of Middle Creek/Stream 2003 but does not grant the applications for the main reach and the middle reach of the creek. “This decision is unique in that it is the first time that the State of Alaska is awarding a water reservation on state waters to a private entity, said Brent Goodrum, director of the Division of Mining, Land and Water. The mining division’s water resources section received competing water right applications for use of water in Middle Creek/Stream 2003 to support PacRim Coal LLP’s proposed coal mine. When it receives applications for competing uses from the same source of water, and there is not enough water to supply all applicants, the water resources section is required to balance the interests involved and give preference to “the use that alone or in combination with other foreseeable uses will constitute the most beneficial use.” In the decision, David Schade, chief of the water resources section, wrote that he found two arguments regarding the reservation of water applications to be compelling. First, the applicant made a compelling argument that the Department of Natural Resources should not allow PacRim to develop a coal mine that would significantly and negatively impact the Chuitna River watershed, and second, the Alaska Mental Health Trust Authority and others made the compelling argument that while the state and federal permitting processes must be stringent, they also must allow for a predictable and complete permitting process that allows all available information to be compiled and presented to the state and federal regulatory agencies. “The water resources section will analyze the entire Chuitna watershed and the consequences and protections of the different proposed uses. This review will occur after other mine-related permitting is complete and the best information is available for all the Chuitna water-right applications,” Schade said. By issuing this decision, the Department of Natural Resources has fulfilled an Alaska Superior Court order to issue a decision on the Chuitna Citizens Coalition’s Reservation of Water applications. The decision may be appealed to the DNR commissioner within 20 days.

- Shane Lasley