Going with the flow on instream regs

There’s been a lot of hoopla about House Bill 77, but if asked, most of us might just scratch our heads and say it has something to do with Pebble mine and water rights. That’s right, but just how does it relate to Pebble and what rights are being threatened?

The whole thing revolves around something called instream water flow reservations. There you go. Wasn’t that simple? This is just legalese for who has control of a particular stream, lake or river.

The Alaska Department of Natural Resources defines instream water flow reservation this way: “A reservation of water for instream use is a water right that protects specific instream water uses, such as fish spawning or recreation. It sets aside the water necessary for these activities and keeps later water users from appropriating water that may affect the instream activity.”

So, if you want to protect the salmon stream that runs by your house, you can do that. There is currently a rather lengthy and involved process in place that would allow you to protect that stream and prevent an upstream neighbor from fouling it up. Anyone interrupting that protected use can be taken to court.

As of now, just about anyone can apply for an instream water flow reservation. Individuals and organizations, along with the state, can apply. An example of this can be found just a few miles down the Glenn Highway. The Chickaloon tribe applied for and was granted the right to clean up Moose Creek, and it has now been reclaimed as a viable spawning ground for salmon. It is also part of the reason Usibelli coal mining company is having a difficult time removing an unsightly mountain that is part of the Moose Creek watershed.

House Bill 77 would “streamline” (the legislation’s word, not mine) the process by limiting who can apply for instream water rights. What the Parnell administration is trying to do is prevent individuals and organizations from attaining these water rights. Instead, the state or federal government would be the only entities that would retain these rights.

The state, through DNR, will grant use permits to whomever they choose without those pesky water users getting in the way. But fear not, pesky water users.

The state will also determine whether or not your use is being adversely impacted.

It seems that in streamlining the permitting process, Parnell has seen fit to limit impact studies and public commentary. If HB 77 passes, there will be fewer studies and limited input from the people of the state. Don’t you feel better now?

Not only would this bill curtail your water rights, it would make it more difficult for you to challenge the state if you disagree with its decision. According to the bill, only those directly impacted by a particular permit can challenge that permit. That would mean the people downstream from Pebble mine can sue, but the rest of us can only sit back and watch it happen. Yeah, that’s a fair fight — a multi-million dollar corporation and the state government against a few fishermen. Just who does Parnell speak for again?

So the less-government-more-liberty crowd in Juneau is showing us who their constituents really are. Voting for the bill are Valley lawmakers Lynn Gattis, Wess Keller, Mark Neuman, Dan Saddler (Eagle River), Eric Feige, Bill Stoltz and Lora Reinbold (Eagle River).

These are your representatives doing your business in Juneau. They are representing you by removing you from the process. They are doing your bidding by not hearing from you. Apparently, they are so good at governing, they can just intuit what you need and want. After all, who knows what’s best for you — you or the above-mentioned paragons of good governance?

You won’t often get me to quote Don Rumsfeld, but I think it’s appropriate here: “Democracy is messy.” It’s supposed to be inclusive and representative of all constituencies. That means that it’s not very streamlined. The bumps, twists and turns make it more difficult for the wealthy and powerful to run roughshod over the rest of us. At least that’s how it’s supposed to work.

This is an ill-conceived bill from the desk of a governor who used to be a lobbyist for big oil. If it becomes law, I think we should remember who voted for it and come election time remind them just who really is in charge here.

Chuck Legge is a freelance political cartoonist and community columnist who lives in Sutton.