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HomeMy WebLinkAbout120807-LAS27836 Indian River Water PermitPage 1 of 3 Department of Natural Resources Division of Mining, Land, and Water PERMIT TO APPROPRIATE WATER LAS 27836 The State of Alaska, acting by and through the Department of Natural Resources, Division of Mining, Land and Water, PO Box 111020, 400 Willoughby Avenue, Suite 400, Juneau, Alaska 99811-1020, hereinafter referred to as the grantor, under AS 46.15, the Alaska Water Use Act, and the regulations adopted under it, grants to: City of Tenakee Springs P.O. Box 52 Tenakee Springs, Alaska 99841 The right to develop the following use of water: SOURCE: Indian River QUANTITY: 50 Cubic Feet per Second USE: Hydroelectric Power Generation PERIOD: January 1 through December 31 With a PRIORITY DATE of September 7, 2010 The location of this water source: A diversion weir on Indian River, which flows into Tenakee Inlet, approximately 1 mile northeast of Tenakee Springs on Chichagof lsland, in the SE1/4 SW1/4 of Section 15, Township 47 South, Range 63 East, Copper River Meridian, The location to which this appropriation is appurtenant: A hydroelectric powerhouse located approximately 1,800 feet downstream of the diversion weir and adjacent to the Indian River within State of Alaska easement ADL 108047, in the NE1/4 NW1/4 of Section 22, Township 47 South, Range 63 East, Copper River Meridian, located within the Sitka Recording District, First Judicial District, State of Alaska. Changes in the natural state of water are to be made in the manner and only for the purposes stated in this permit. This permit is subject to the pertinent statutory PERMIT TO APPROPRIATE WATER LAS 27836 Page 2 of 3 provisions in AS 46.15, Administrative Regulations in 11 AAC 93, and the following conditions: The holder of this permit shall comply with the following: 1. Follow acceptable engineering standards in exercising the right granted by this permit. 2. Except for claims or losses arising from negligence of the State, defend and indemnify the State against and hold it harmless from any and all claims, demands, legal actions, loss, liability and expense for injury to or death of persons and damages to or loss of property arising out of or connected with the exercise of the right granted by this permit. 3. Comply with all applicable laws, regulations and conditions. 4. Notify the grantor of any change of address, transfer of any real property identified in this permit, or any proposed change in the water appropriation. 5. Respond to any request for additional information during the duration of this permit per AS 46.15.100 and AS 46.15.175. Failure to respond may result in the termination of this permit. 6. Obtain and maintain permanent right of access to the property where water is to be withdrawn, impounded, or diverted, and over which water is to be transported both to the point of use and to the point of discharge, per 11 AAC 93.040 (c) (4). 7. This permit is subject to ADFG Fish Habitat Permit FH11-I-0125 (Issued December 15, 2011) as it has been issued and may be amended from time to time, regarding, but not limited to, minimum in-stream flow releases, diversion structures, step-heights between fish pass structure pools, fish screen, rates of decrease in water levels, monitoring, recording, and reporting, etc. ADFG Fish Habitat Permit FH11-I-0125 is hereby attached as Appendix A, and compliance therewith, or any amendment thereof, is a condition of this State water permit (LAS 27836). Per the above referenced ADFG Fish Habitat Permit, or as it may be amended from time to time, the fish pass structure will be provided with a