Maintain Stream Flow

STRATEGIC ACTION 1

Maintain Flow Regime

Reserve adequate in-stream water flow for salmon and other fish in the Nushagak River.

Salmon and the other freshwater fish require a sufficient amount of water in a river or lake at various life stages in order to survive. The construction of dams and the removal of water for irrigation and other human uses led to the depletion and even disappearance of wild salmon in many rivers in the Lower 48.

Like most western states, Alaska allows people to withdraw water from rivers and lakes. To use water, the process is initiated by the filing of an application to withdraw a designated amount of water. An enforceable right is created once the applicant proves to the satisfaction of the Alaska Department of Natural Resources the need for the water requested. A priority use of water is established at the time of application, although the exact amount of water that can be used is determined at the time of approval. Years may pass between the date of application and the date of approval.

Alaska water law is unique in that it also allows individuals and organizations to file reservations to keep water in rivers and lakes. Most often these reservations are filed in order to maintain flow levels for fish. The process also begins with an application to reserve water. The applicant must then provide credible data to the Alaska Department of Natural Resources to support the claim for reservation. Priority for the claim is established at the time of application. An enforceable right to maintain a certain flow level is created once the application is approved. Again, years may lapse between the date of filing and approval.

Promote legislation establishing automatic in-stream flow reservations for anadromous streams in the watershed.

This strategic action is directed to changing the law in Alaska to provide automatic in-stream flow reservations on any stream listed in Alaska's Anadromous Waters Catalog. Such a change would create a reputable presumption favoring defined water flows and thus reduce the need for some organization or person to apply for a specific reservation of water for fish. The legislation should shift the burden to the applicant seeking to withdraw water to show that the withdrawal would not affect the defined water flows needed for fish or that for a particular water body the defined water flows exceed the amount necessary for fish. A change in the law could have statewide application. An alternative would be to create a special area or refuge in the Nushagak-Mulchatna watershed for which automatic reservations would apply.