State of Alaska Taking Management of Our Rivers

[Patsfan54]

In accordance with the unanimous Sturgeon v. Frost ruling by SCOTUS in 2019, the State of Alaska is taking management of our navigable rivers.

Governor Moves to Exert Control Over Alaska Lands and Waters
“For too long, we have waited for federal land managers to fulfil their duty and acknowledge that the Alaska people, and not their bureaucracies, are the true owners of Alaska’s navigable waters and submerged lands,” said Governor Dunleavy. “Despite clear legal evidence and common sense, the federal government has failed to loosen its chokehold on these areas. With today’s action, we are asserting our rights and unlocking Alaska.”

“We at DNR have worked with our federal counterparts for many years to secure quiet title to Alaska’s submerged lands beneath navigable waters,” said Commissioner Corri Feige. “Unfortunately, our good faith efforts have been met with delay, denial, and resistance that have cost the state time and money, and further deprived many Alaskans of the opportunity to enjoy their statehood birthright. The administration’s initiative reflects the truth that these resources are Alaska’s, to be enjoyed by Alaska without federal interference.”
https://gov.alaska.gov/newsroom/2021...ds-and-waters/

Read the letter Governor Dunleavy sent to President Biden here:
https://gov.alaska.gov/wp-content/up...r-to-Biden.pdf

[Hkrjohn]

About time! This is good news.

[mark knapp]

Amen!!!!!!!

[cdubbin]

The Supreme Court, in the Sturgeon case, basically said, unanimously, that ANYONE can take ANY watercraft up ANY navigable waterway in the state, without restriction, because NOBODY owns that water, only the right to use it.....so who's up for a jetski ride on the upper Kenai?

[Brian M]

The Supreme Court, in the Sturgeon case, basically said, unanimously, that ANYONE can take ANY watercraft up ANY navigable waterway in the state, without restriction, because NOBODY owns that water, only the right to use it.....so who's up for a jetski ride on the upper Kenai?<br/>

<br/><br/>What about frozen lakes in federal refuges that don’t allow airplane access? Can I land on those lakes since the state manages the water?

[Patsfan54]

The Supreme Court, in the Sturgeon case, basically said, unanimously, that ANYONE can take ANY watercraft up ANY navigable waterway in the state, without restriction, because NOBODY owns that water, only the right to use it.....so who's up for a jetski ride on the upper Kenai?

Your opinion on the unanimous decision in the Sturgeon case is basically incorrect. Hop on a jetski and head on up the Upper Kenai, let us know how that works out for you!

[Patsfan54]

<br/><br/>What about frozen lakes in federal refuges that don’t allow airplane access? Can I land on those lakes since the state manages the water?

Do the Feds control the airspace of the Federal Refuge? Landing a plane on a frozen, or unfrozen, body of water is predicated upon the ability to use the airspace is it not? Do they prohibit you from flying through the area or just landing upon the water?

[Brian M]

<br/><br/>Do the Feds control the airspace of the Federal Refuge? Landing a plane on a frozen, or unfrozen, body of water is predicated upon the ability to use the airspace is it not? Do they prohibit you from flying through the area or just landing upon the water?

<br/><br/>Airspace is federally regulated. Haven’t looked at the specifics in a long time, but if I recall correctly, over the Kenai refuge pilots have to stay above a certain height AGL, and off-airport landings are prohibited.

[SmokeRoss]

<br/><br/>Airspace is federally regulated. Haven’t looked at the specifics in a long time, but if I recall correctly, over the Kenai refuge pilots have to stay above a certain height AGL, and off-airport landings are prohibited.

Lakes in 15A are only closed in the early part of moose season.

[Brian M]

Lakes in 15A are only closed in the early part of moose season.

Sorry, refuge might have been the wrong word - I was thinking of the Kenai Mountains, which is the National Forest rather than the refuge. I think?

[4merguide]

Lakes in 15A are only closed in the early part of moose season.

I'm pretty sure you can only land on a couple chosen lakes in 15b/c regardless of what season it is.

[cdubbin]

<br/><br/>What about frozen lakes in federal refuges that don’t allow airplane access? Can I land on those lakes since the state manages the water?

"The Alaska State Legislature has broadly construed the constitutional protections for public use of the waters of the state. In an Act (85 SLA chap. 82, codified as AS 38.05.128) relating to the navigable or public waters of the state, the state legislature found:

(a)The people of the state have a constitutional right to free access to the navigable or public waters of the state."


http://dnr.alaska.gov/mlw/nav/policy/#PUBW

[gbflyer]

Except for Glacier Bay. State lost that one at the Supreme Court in 2004 6 to 3.

[gbflyer]

Except for Glacier Bay. State lost that one at the Supreme Court in 2004 6 to 3.

[extrema]

Pretty sure the State knows what's up on the Kenai lol.



The Kenai River Special Management Area (KRSMA) consists of more than 105 linear miles of rivers and lakes, including Kenai Lake, Skilak Lake, and the Kenai River from river mile 82 downstream to four miles above the river's mouth on Cook Inlet. Adjacent to these waters are fifteen state park sub-units and land owned by cities, the borough and the federal government, as well as private and native lands.

The popularity of the Kenai River, one of the most heavily used fresh-water fisheries in Alaska, puts a strain on its resources. In response to increasing threats to the river system's health, the legislature established the Kenai River Special Management Area in 1984 as a unit of the state park system.