November 22, 2011
The Chuitna Citizens Coalition and Cook Inletkeeper have followed a suit claiming that the Alaska Department of Natural Resources has ignored their 2009 application for water rights on the Middle Creek tributary while processing a 2010 application granting the Chuitna coal mine group rights to use water for drilling groundwater monitoring wells. The CCC’s application requests the right to use the majority of Middle Creek water for salmon spawning and fishing; the Chuitna coal mine proposes burying 11 miles of Middle Creek for 25 years as part of its normal operations, so if the CCC application is granted, the mine would be forced to come up with an alternative plan for mining, something it says it can’t do.
Attorney Valerie Brown for the CCC said state’s position is that applying for water rights isn’t enough for the coalition to be have standing on issues of water rights; they must first be granted such rights. Yet, she says, the state refuses to process the coalition’s application and furthermore there are hundreds of similar cases across the state. The ADNR, for its part, says that it works with Alaska Fish and Wildlife to prioritize applications for water rights so as to process them in order of importance not by who filed first. “At this time, there are other in-stream flow applications that are ahead of these three applications in the agency review process,” said ADNR spokesperson Elizabeth Bluemink.
Read article at http://www.newsminer.com/bookmark/16532587