From: Bussard, Daniel P (DNR) <firstname.lastname@example.org>
Sent: Tuesday, July 06, 2010 4:07 PM
To: Jonathan Lappin
Cc: Deats, Theodore A (DNR)
Subject: RE: Connell Lake Water Rights
· ADL 45456 is to be reduced to 2.5MGD by request of KGB and the use changed to Water Quality Purposes when the certificate is reissued.
· Any new land owner or tenant of Ward Cove will need to apply for their own water right. Any new tenant can apply for a TWUP for water usage in the short term while their water right certificate is adjudicated.
· We talked to Mr. Hoden and told him that he would need to apply for a new water right. He was also informed that there is an instream flow reservation application from ADF&G that will need to be adjudicated prior to any new water right applications for Ward Creek / Connell Lake. At this time there are no other applications I know of for that Water so if they applied ASAP they would be the next application in line after the instream flow reservation.
· If KGB withdrawals all other applications for water from Ward Creek / Connell Lake it would likely speed up the process time of any new application since the older applications would have to adjudicated first. LAS 23834 would likely be denied any way since the water already appropriated under ADL 45456 is not being used.
· Under 11AAC93.920 no water use authorization is needed for the emergency use of water for the protection of life or property.
That sounds good. I will have our Public Works Director and Attorney on out end. They have both touched this thing over the years and I want them all on the same page as we move foreward.
Jonathan Lappin A.I.C.P.
Ted is at lunch till 2pm will give you a call as soon as he gets back
I will be here. Do you want to call me, or shall I call you folks?
Jonathan Lappin A.I.C.P.
Are you available at 2:00pm today to take a call with Ted Deats and myself? Ted Deats is the new Water Resource Manager for southeast he has filled the position left vacant by John Dunker.
Some time ago you sent me a form to fill out and get notarized that would relinquish all but 2.5 mgd of the Borough’s water rights from Connell Lake. In order for us to execute such a document, I would need to seek approval from the Borough Assembly. Before doing that, I would need to provide them with all the information I have. Right now, I could not do that and I am hoping you can help me figure a few things out.
I have done some research into the status of our water rights, and I came across the attached document. Combining that with other information I have, I created the following history:
April 1, 1954, KPC* secures the rights to 49 mgd of water for Domestic and Commercial use.
February 5, 1990 ADF&G applies for water to maintain in stream flow ranging from 56 CFS (Cubic Feet per Second) to 141 CFS. That ranges from 36,201,600 gpd to 91,152,000 gpd. This application has been received, but it is unclear if it is pending. IFR (instream flow reservation) applications seem to be a unique animal from other water rights.
May 28, 1998, KPU applies for 92 mgd, which is the estimated average inflow to the lake. This application has been closed.
March 26, 2002, KPC” applies to have their water rights permit amended to add Public Water supply, industrial uses, and sanitary uses to the list of allowed uses for their water rights. The status of that application is not known, but it appears to be pending.
May 2, 2002, KPC” applies for an additional 25 mgd. That application is still pending.
“ The permits held or applied for by KPC are now the Borough’s.
What I am hoping you can help me understand is what impact the ADF&G permit and the two pending KPC/Borough permits have on our water rights. In reading the document, it appears that the ADF&G application would take all but a very small amount of the water that enters Connell Lake. As that is most senior application, are any of the other applications worth anything? The Borough is currently talking to a party who is interested in purchasing the former pulp mill property, and they will need 29 mgd of water for the process they want to put on the property. What are the chances that an application by them would be successful?
Lastly, in adjudicating the water rights, will all the pending permits be resolved?
Thanks in advance for your help.
Jonathan Lappin A.I.C.P., Lands Manager
Ketchikan Gateway Borough
Department of Planning and Community Development
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