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HomeMy WebLinkAboutPermit to Apropriate WaterDEPARTMENT OF NATURAL RESOURCES DIVISION OF MiNING, LAND & WATER WATER RESOURCES SECTION August 20, 2007 Southfork Hydro, LLC Attn: Phyllis Janke P.O. Box 770567 Eagle River, AK 99577 Subject: Permit to Appropriate Water — LAS 26056 Dear Mrs. Janke: 11 l'� "- ' `� SARAH PALIN, GOVERNOR 550 WEST 7T" AVENUE, SUITE 1020 ANCHORAGE, ALASKA 99501-3576 PHONE.' (907) 269-860o FAX. (907) 269-8947 The Water Resources Section completed the review of your water right application. Enclosed is our Permit to Appropriate Water, with an expiration date of August 20, 2017. This y develop a water source and water use as indicated on the permit; however, it is not the final syou to tep in obtaining your water rights. Once you have established your water use, it is necessary that you submit to this office a Statement of Beneficial Use, with applicable fees, prior to the expiration date of the enclosed permit The Department will then review the request to issue a Certificate of Appropriation. If you have not established your water use, you may apply for a one time permit extension, with applicable fees, to prior to the expiration date of the enclosed permit. in order to receive i complete your project. The Request for Extension of Permit or Authorization should be submitted have made a diligent effort toward establishing your water use. permit extension you need to Please be advised that our approval does not relieve you of the responsibility permits. State, Federal, or Local. Read over our permit carefully o of securing other and conditions fi through 13. if you allow Your and Hate the expiration date procedures, your permit may be subject to termination. It to expire without following the above If you have any questions or concerns, 1 may be contacted at (907) 269-2033. Than cooperation with the Water Resources Section. k you for your Sincerr! , Wendy Tatlow Natural Resource Specialist Enclosures., Permit to Appropriate Water Statement of Beneficial Use Water Rights in Alaska Fact Sheet "Develop, Conserve, and Enhance Natural Resources for Present nrid E 0 State of Alaska Department of Natural Resources PERMIT TO APPROPRIATE WATER LAS 26056 The State of Alaska, acting by and through the Department of Natural Resources, Division of Mining, Land and Water, 550 West 7" Avenue, Suite 1020, Anchorage, AK 99501-3562, hereinafter referred to as the grantor, under AS 46.15, the Alaska Water Use Act, and the regulations adopted under it, grants to: Southfork Hydro, LLC P.O. Box 770567 Eagle River, Alaska 99577 The right to develop the following use of water: SOURCE: South Fork Eagle River QUANTITY: 54.45 Cubic -Feet per Second PERIOD: January 15'through December 31 S' USE: Hydroelectric Power Generation With a PRIORITY DATE of November 17, 2006. The location of this water source: Diversion and intake structure to be constructed in that portion of the South Fork Eagle River located within NW'/,SW'/., Section 28, Township 14 North, Range 1 West, Seward Meridian. The location to which this appropriation is appurtenant: Tract 3A, Highland Hills Subdivision Unit No. 4 according to Plat No. 77-111 filed in the Anchorage Recording District, Third Judicial District, State of Alaska, subject to reservations and exceptions of record. Said tract located within W%W% Section 28 and NE%4 Section 29, Township 14 North, Range 1 West, Seward Meridian. Changes in the natural state of water are to be made in the manner and only for the purposes Administrative Regulations in 11 AAC 93, and the following conditions: stated in this permit. This permit is subject to the pertinent statutory provisions in AS 46.15, The holder of this permit shall: Page 1 of 3 PERMIT TO APPROPRIATE WATER LAS 26056 1. Follow acceptable engineering standards in exercising the privilege 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 privilege 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 proposed change in the water appropriation. 5. If the grantor determines that this appropriation unduly affects a prior appropriator's ability to obtain water in accordance with his or her permit or certificate, this appropriation may be amended or water use may be curtailed until the prior appropriator can again obtain water under his or her prior right. Those individuals within the same area that do not have water rights may also be required to curtail taking water. This permit to appropriate water is subject to Alaska Coastal Management Program, Final Consistency Determination issued June 25, 2007. 7. The diversion structure shall not result in the original stream channel running dry downstream from the water take point at any time by means of a permanent bypass structure. 8. Establish a metering system acceptable to the Division and submit monthly water use records to the division on a quarterly basis. 9. Establish a continuous gauging station above the water withdrawal point. Report stream flow data to the Division on a quarterly basis. 10. Establish and calibrate a staff gauge on the weir to monitor the volume of water remaining within South Fork Eagle River. 11. The permittee shall allow an authorized representative of the Water Resources Section to inspect, at reasonable times, any facilities, equipment, practices, or operators regulated or required under this authorization. 12. Permittee shall construct and maintain the water intake structure in such a manner that it does not present a hazard to life. 13. This appropriation is subject to an annual administrative service fee. Page 2 of 3 PERMIT TO APPROPRIATE WATER LAS 26056 This permit shall EXPIRE on: August 20, 2017. This Permit to/ Appropriate Water is issued by authority of AS 46.15.080 and 11 AAC 93.120 on: i Approved Title %lam Page 3 of 3