From: Bussard, Daniel P (DNR) <daniel.bussard@alaska.gov>
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.
Dan Bussard
907-465-6363
From: Jonathan Lappin
[mailto:jonathanl@kgbak.us]
Sent: Tuesday, July 06, 2010 1:34 PM
To: Bussard, Daniel P (DNR)
Subject: RE: Connell Lake Water Rights
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.
Lands Manager
From: Bussard, Daniel P
(DNR) [mailto:daniel.bussard@alaska.gov]
Sent: Tuesday, July 06, 2010 1:32 PM
To: Jonathan Lappin
Subject: RE: Connell Lake Water Rights
Ted is at lunch till 2pm will give you a call as soon as he gets
back
Dan Bussard
907-465-6363
From: Jonathan Lappin
[mailto:jonathanl@kgbak.us]
Sent: Tuesday, July 06, 2010 11:10 AM
To: Bussard, Daniel P (DNR)
Subject: RE: Connell Lake Water Rights
I will be here. Do you
want to call me, or shall I call you folks?
Jonathan Lappin A.I.C.P.
Lands Manager
From: Bussard, Daniel P
(DNR) [mailto:daniel.bussard@alaska.gov]
Sent: Tuesday, July 06, 2010 10:15 AM
To: Jonathan Lappin
Cc: Deats, Theodore A (DNR)
Subject: RE: Connell Lake Water Rights
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.
Dan Bussard
907-465-6363
From: Jonathan Lappin
[mailto:jonathanl@kgbak.us]
Sent: Thursday, July 01, 2010 3:42 PM
To: Bussard, Daniel P (DNR)
Cc: 'Tom williams'; 'Scott Brandt- Erichsen'; 'Joe May'; 'Amy Briggs'
Subject: Connell Lake Water Rights
Dan,
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
jonathanl@kgbak.us
(Note new email address)
(907) 228-6610
Visit the Ketchikan Gateway Borough website at:
http://borough.ketchikan.ak.us