SITKA Administrative History

Chapter 5:
SITKA NATIONAL HISTORICAL PARK, 1966-1986 (continued)

Water rights

Erosion proved to be less complicated than a Federal Reserved water rights issue challenging the park staff. In 1967 the park formally applied to the State of Alaska for a certificate of appropriation for Indian River instream flows on the basis of recreational use for that portion of the river that flows through the monument. The application asked for enough water for successful salmon spawning runs and aesthetic purposes. The park claimed a priority date of 1890.

No action was taken by the state on the park's application be cause a specific quantity of water was not requested and the stated use was in actuality a non-use, according to the 1966 State of Alaska Water Use Act. The park did not want water rights to divert, impound, or withdraw water, just a guaranteed instream flow. A minimum instream flow estimate of 35 cubic feet per second was proposed by the Alaska Department of Fish and Game, and the park service concurred with the figure.

In 1971 the superintendent wrote that the park's amended application had been denied. "The purpose was to assure an adequate water supply to preserve the aesthetics, the historic scene, and the salmon activity, which the river provides. Our application was denied because these are non-consumptive uses.

The City of Sitka uses Indian River for a water supply and Sheldon Jackson College uses it for emergency power generation. There is real danger that their maximum use of the water for these purposes could result in no water flow through the park. [314]

The City and Borough of Sitka received a certificate of appropriation to 3.9 cubic feet per second of water from Indian River. The city's priority date, when it began taking Indian River water, was claimed to be 1914. In 1980, the State of Alaska denied the City and Borough of Sitka's request to increase its allocation of water from Indian River from 2,500,000 gallons (3.9 cubic feet per second) per day to 6,000,000 gallons per day. The reason given was that Indian River did not maintain adequate flow throughout the year to meet currently allocated water rights. Between 1982 and 1985 the City and Borough of Sitka constructed a new primary water line from Blue Lake. Indian River was relegated to a back-up source for the city's water.

Sheldon Jackson College received a certificate of appropriation to use 32,315,800 gallons (50 cubic feet per second) of water from Indian River per day for hydroelectric generation. The college's use of Indian River water for this purpose went back to 1914. In the early 1980s Sheldon Jackson College increased its use of Indian River water, although it did not exceed its state allocation. The college upgraded its dam and hydropower and hatchery intakes on the river. It was not the major upgrade contemplated in 1982, but did require more water. At that time, the college applied to the state for rights to 5 cubic feet per second of Indian River water for the salmon hatchery that had been in operation since 1975. The National Park Service objected, and argued that the college could legally dry up the lower river during certain periods of the year, adversely affecting the natural salmon spawning habitat of the lower river and the recreational and interpretive values of the park. The park service also argued that the college had never been issued a state certificate of appropriation for any water use associated with aquaculture. Its third argument was that the college planned to raise chinook salmon, a species foreign to Indian River and one whose successful rearing would require a large quantity of year round raceway water. The Alaska Department of Fish and Game also objected to the college's application, and it was not acted upon.

The park service appealed the state's 1971 decision not to approve its Federal Reserved water right application after amendments to the State Water Use Act were passed in 1980. Those amendments defined instream use of water as a beneficial use, clearing the way for certificates of appropriation to be issued for the purpose of instream flows of water. The park service argued that the park predated the other users of Indian River water. Its use dated to 1890. The college's hydroelectric system that was constructed in 1929 did not meet the college's current demands for electricity. The park added that the college's aquaculture program only began in 1975. [315]

In 1985 park officials contracted with the U.S. Fish and Wildlife Service to prepare a fishery instream flow quantification study that would be used in the adjudication process to determine water rights to Indian River. They also arranged with the Pacific Northwest Region of the National Park Service to prepare a complementary recreation and interpretation instream flow quantification study. The studies will document fishery, recreational, and interpretive values and impacts in the park, with reduced instream flows of Indian River water. However, in 1986 the water rights issue remained unresolved. [316]