All documents are provided in Adobe PDF format or as JPG images. Some documents are available in additional formats as noted.
Link to the descriptive record in ARLIS's public catalog.Participant Notebook Table of Contents -- Dated Oct. 16, 2016 (as distributed for the course).
Daily Introduction (PowerPoint presentation)
Participant Notebook Table of Contents -- Revised Dec. 15, 2016
DAY 1 -- OCTOBER 24
Course Goals, Objectives, and Target Audience
Alaska Water Rights : Basic Terms, Concepts & Processes (slide presentation by Lin Fehlmann)
• Slides with speaker notes (PDF format)
Federal Reserved Water Rights : an Introduction (slide presentation by Roy Smith)
U.S. Fish and Wildlife Service Settlements
• Red Rock Lakes National Wildlife Refuge -- "Water Rights Compact, State of Montana United States of America, National Park Service"
• Charles M. Russel National Wildlife Refuge -- "Water Rights Compact Between the State of Montana and the United States of America, Fish and Wildlife Service, Charles M. Russell National Wildlife Refuge"
• Leadville National Fish Hatchery -- "Concerning the Application For Water Rights of the United States of America In Water Division No. 2, Lake County. Finding of Fact, Conclusions of Law, and Decree"
National Park Service Settlements
• Compact for Glacier Nation Park and other areas -- "Water Rights Compact State of Montana United States of America, National Park Service." -- From Montana Code Annotated 2015
• Draft briefing statement concerning Glacier National Park -- "Water Rights Compact State Between the State of Montana and the USA, National Park Service"
• Zion National Park Water Rights Settlement Agreement
Forest Service Settlements
• Bighorn National Forest and Shoshone National Forest decree -- "Final Phase II Decree Covering the United States' Non-Indian Claims"
• Pike National Forest decree -- "Findings and Ruling of the Referee and Decree of the Water Court"
• Rio Grande National Forest and Gunnison National Forest decree -- "Findings of Fact, Conclusions of Law, and Judgment and Decree Concerning the Application For Water Rights of the United States of America In Alamosa, Archuleta, Conejos, Hinsdale, Mineral, Rio Grande, Saguache, Costilla, and San Juan Counties, Colorado"
Wild and Scenic Rivers Act Settlements
• Cache La Poudre Wild and Scenic River -- "Revised Findings of Fact, Conclusions of Law and Decree Concerning the Application of the United States of America For Reserved Water Rights For the Cache La Poudre Wild and Scenic River In Larimer County (Rocky Mountain National Park and Roosevelt National Forest)"
• Rio Chama Adjudication, Consent Order
• Upper Missouri National Wild and Scenic River -- "Water Rights Compact, State of Montana, United States of America, Bureau of Land Management" -- From Montana Code Annotated 2007
• Salmon Wild and Scenic River -- "Partial Decree For Federal Reserved Water Rights 75-13316 and 77-11941, Salmon Wild and Scenic River"
Historical Documents
• State Agency Federal Reserved Water Rights Pre-Meeting, August 28, 1985 -- Includes: Senate Bill No. 150 introduced Feb. 12, 1985 ; Transcript of Federal Reserved Water Rights presentations at Alaska Water Resources Board Meeting, Mar. 5, 1985 ; Letter on Instream flow water reservation to Jack Sedwick from Wilson L. Condon, Nov. 19, 1982
For more documents from the Alaska Water Resources Board, see ARLIS's webpage for the Board.
• Federal Reserved Water Rights, State-Federal Agency Meeting, Anchorage, AK - August 29, 1985 -- Includes: Meeting summaries for Aug. 28 and 29 with cover letter from Esther C. Wunnicke ; Governor Sheffield's transmittal letter to Senator Bennett ; Senate Bill No. 150 introduced Feb. 12, 1985 ; Federal reserved water rights inventory ; August 29 agenda and attendees list ; Letters from Esther C. Wunnicke ; Inventory forms for reserved lands
• Federal Reserved Water Rights Work Group, November 7, 1985, Anchorage, Alaska -- Includes: Meeting summary, agenda, and attendees list with cover letter from Mary Lu Harle ; Senate Bill 150 proposed amendments and rationale ; Federal Reserved Water Rights inventory ; Senate Bill No. 150 introduced Feb. 12, 1985
• Federal Reserved Water Rights Work Group, November 13, 1986 -- Includes: Meeting summary, agenda, and attendees list ; Contract ; Resolution of the Western States Water Council regarding sequestration of USGS Federal/State Cooperative Program Funds
Case Study: Great North National Monument and Preserve
Case Study: Great North National Monument and Preserve
Introduction To Water Rights Management (slide presentation by John Trawicki)
• Slides with speaker notes (PDF format)
A Presentation on Water Rights In Alaska (slide presentation by David W. Schade)
Federal Water Rights Training : Reservations of Water In Alaska (slide presentation by David W. Schade and Kim Sager)
Alaska Department of Natural Resources Website : Screenshots on Getting Technical Information
State of Alaska Water Rights Certificate of Reservation
State of Alaska Water Rights Certificate of Appropriation -- For a drilled well
State of Alaska Water Rights Permit and Certificate of Appropriation -- For a spring
State of Alaska Water Rights Certificate of Appropriation -- For a reservoir
2013 Annual Report / State of Alaska Citizens' Advisory Commission on Federal Areas
Developing Agency-wide Water Rights Strategies : Outline For Panel Discussion
Alaska Water Rights : Roles of Agency Personnel and Legal Counsel
The Witness Guidebook : Practical Suggestions For Testifying In Litigation
Bureau of Land Management
• BLM MS-7250 - Water Rights Manual
• Bureau of Land Management Congressionally Designated Special Management Areas - Alaska
• Instream Flow Water Rights For BLM In Alaska
• Federal Reserved Water Rights - Alaska - Bureau of Land Management
Forest Service
• Federal Reserved Water Rights - Alaska - U.S. Forest Service
• Proclamation 4611 - Admiralty Island National Monument, December 1, 1978
• Proclamation 4623 - Misty Fiords National Monument, December 1, 1978
• Section 202 : Wilderness Designation -- Text of H.R. 987 Tongass Timber Reform Act : Amendment to Section 703 of ANILCA
• The Wilderness Act of 1964 : Wilderness-language -- Excerpts from Sections 2 and 4
• Wilderness System Established Statement of Policy Wilderness : Sections 1 and 2 only
• Forest Service Organic Administration Act of 1897 : a Summary
• Multiple-Use Sustained Yield Act of 1960 : a Summary
• Forest Service Manual - FSM 2540 : Watershed and Air Management. Chapter 2540 : Water Uses and Development. Amendment No. 2500-2007-1 -- Amendment from National Headquarters (Washington, D.C.), September 4, 2007
• Forest Service Manual - FSM 2540 Direction : Reserved Rights Claimed Under the Organic Act of 1897
• Chugach National Forest Proclamations Index
• Tongass National Forest Proclamations Index
• U.S. Forest Service Congressionally Designated Special Management Areas - Alaska
• Region 10 Water Supply Systems Database
• Original Microsoft Excel version
National Park Service
• Director's Order #35B : Cost Recovery for National Park Service Provided Utilities
• Water Rights Program -- Program Brief
• National Park Service Procedural Manual #77-1 : Wetland Protection
• Federal Reserved Water Rights - Alaska - National Park Service
U.S. Fish and Wildlife Service
• Fish and Wildlife Service Manual, Part 403, FW 1 : Policy, Objectives, and Responsibilities
• Fish and Wildlife Service Manual, Part 403, FW 2 : Authorities and Definitions
• Public Law 105-57 : National Wildlife Refuge System Improvement Act of 1997
• Clean Water Act : Section 404 : National Guidance Water Quality Standards for Wetlands
• Status of Federal Reserved Water Rights For Alaska Wildlife Refuges
• The Wilderness Act of 1964 : Wilderness-language -- Excerpts from Sections 2 and 4
• Wilderness System Established Statement of Policy Wilderness : Sections 1 and 2 only
Standard Water Use Quantities -- Alaska 11 AAC 93.040(d)
Water Developments -- BLM Manual Handbook 1741-2
Common Methods of Measuring Water As Practiced In Western States -- Published by State of Nevada, State Engineer's Office, 1986
Capacities of Cylindrical Tanks -- Two tables
How To Calculate Stock Pond Water Volumes And Depth Without Getting Your Feet Wet -- By E. Felix
Forms -- Alaska
• Water Uses Identifier Information -- Alaska
Forms -- U.S. Fish and Wildlife Service, Water Resources Branch
• Discharge Measure Notes; and, Surface Water Quality Notes
• ADCP Discharge Measurement Notes
• Discharge Measurement Notes--Ice Cover
• Surface-Water Quality Field Notes
• Peg Test of Engineer's Level
• Wire Weight and Photo Notesheet
Forms -- National Park Service, Natural Resource Stewardship and Science
• Monitoring Freshwater Systems In the Southwest Alaska Network. Protocol Narrative -- By Jeff Shearer, Claudette Moore, and Krista K. Bartz. (Series: Natural Resource Report NPS/SWAN/NRR ; 2015/925)
• Monitoring Freshwater Systems In the Southwest Alaska Network. Standard Operating Procedures -- By Jeff Shearer, Claudette Moore, Krista K. Bartz, Evan C.J. Booher, and Jeff Nelson. (Series: Natural Resource Report NPS/SWAN/NRR ; 2015/925.1)
Field Preparation
• Sources of Information For Locating Water Sources
Generating a Water Right Application -- Exercise
Campbell Creek Science Center Well form -- A completed form of the type "Water Uses Identifier Information -- Alaska"
Maps and Photos For the Exercise: Campbell Creek Science Center Well
Water-Related Rights-of-Way and Special Use Permits On Federal Lands (slide presentation by Roy Smith)
• Slides with speaker notes (PDF format)
Alaska National Interest Lands Conservation Act. Part 36
H-2801-1 : Right-of-Way plans of Development and Grants -- from the BLM Manual
FSH 2709.11 - Special Uses Handbook, Chapter 50: Terms and conditions -- From the Forest Service handbook
U.S. Fish & Wildlife Service Right-of-Way regulations -- From: 50 CFR, Chapter 1, Part 29. Land Use Management (sections 29 to 29.21-5)
Director's Order #35A : Sale Or Lease of Park Services, Resources, Or Water In Support of Activities Outside the Boundaries of National Park Areas -- National Park Service
Forest Service Manual - FSM 2500 : Watershed and Air Management. Chapter 2540 : Water Uses and Development. Supplement No. 2500-2001-1 -- Supplement from Southwestern Region (Region 3), September 5, 2001
Technical Guide To Ground Water Resource Management -- (Series: FS-881)
2005 Skyline Ditch Company Operating Plan -- U.S. Forest Service
Record of Decision, Kane Springs Valley Groundwater Development Project -- A sample right-of-way (ROW) decision
Washoe County, Nevada v. U.S. : United States Court of Appeals for the Federal Circuit -- Appeals decision
IBLA 80-603 : Decision concerning Grant L. Hacking -- Administrative Judge: Joan B. Thompson
IBLA 90-410 : King's Meadow Ranch Decision -- Administrative Judge: David L. Hughes
IBLA 79-411 : Eugene V. Vogel Decision -- Administrative Judge: Bruce R. Harris
IBLA 95-255 : George W. Philp Decision -- Administrative Judge: James W. Terry
IBLA 2007-216 : Michael & Edith Lederhause Decision -- Administrative Judge: Sara B. Greenberg
Water Rights & Land Tenure (slide presentation by Lin Fehlmann)
• Slides with speaker notes (PDF format)
Alaska Statutes : Change of Ownership of Water Rights -- Sections 46.15.160 and 170
Transfer of ownership form -- Alaska Division of Mining, Land & Water. Water Resources Section
ANILCA, Land Acquisition Authority -- Public Law 96-487 (94 Stat. 2474), Section 1302
H-2200-1 Land Exchange Handbook (Public) -- U.S. Bureau of Land Management
Acquisition Process Checklist -- U.S. Bureau of Land Management
FSH 5409.13 - Chapter 30 : Implementation Schedule : Land-For-Land Exchange -- From the Forest Service handbook.
FSH 5409.13 - Chapter 32.45 : Water Rights Analysis -- From the Forest Service handbook. Includes 32.43 and 32.44.
Checklist For Acquiring/Purchasing Water Rights -- United States Forest Service, Region 3
Fish and Wildlife Service Manual, Part 403, FW 3, Acquisition and Protection
Water Rights Determination Procedures
Water Rights Determination Checklist
Director's Order # 35A: Sale or Lease of Park Services, Resources, or Water in Support of Activities Outside the Boundaries of National Park Areas -- National Park Service
General Warranty Deed (Without Liens Or Encumbrances) -- John T. Neal
Special Warrenty Deed (Water Rights) -- The Conservation Fund (Maryland)
Quit Claim Deed (Water Rights) -- Municipal Subdistrict, Northern Colorado Water Conservacy District
Overview of Conservation Easements And Water (slide presentation by Lin Fehlmann)
• Slides with speaker notes (PDF format)
Conservation Easements and Water Rights -- Presented by Peter D. Nichols at the Southwest Land Trust Conference in 2004
Example: Cosumnes River : Exhibit C (Paragraph 4), Permitted Uses of the Property
Example: Cosumnes River : Exhibit D (Paragraph 5), Prohibited Uses of the Property
Land Trusts And Water : Strategies And Resources For Addressing Water In Western Land Conservation -- By Sarah Bates. Land Trust Alliance, c2014.
Developing Agency-Wide Water Right Strategies : Agency Responses
BLM Alaska Reservations of Water Application Status
Agency Break-Out Sessions - BLM Notes : Discussion Outline
Agency Break-Out Sessions - FWS Notes : Discussion Outline
Agency Break-Out Sessions - NPS Notes : Discussion Outline
Agency Break-Out Sessions - USFS Notes : Discussion Outline
Protection of Surface Waters Through the State of Alaska On Alaska Refuges : Case Study of Uganik River Reservation of Water Within Kodiak National Wildlife Refuge (slide presentation by Cathy Flanagan and Kim Sager) -- The revised version is listed in the "Post-Course Documents" section.
• Slides with speaker notes (PDF format)
Uganik River Reservation of Water, LAS 23806 & 29880 : Finding of Facts, Conclusions of Law, and Decision -- Alaska Department of Natural Resources. Division of Mining, Land, and Water
Attachment C. Instream Water Right Analysis Process
US FWS Winter Flow Recommendations For Reservation of Water For Instreamflow
Reserving Water For Instream Use -- Fact sheet from Alaska Department of Natural Resources, Water Resources Section
Surface-Water Data Manual For the Statewide Aquatic Resources Coordination Unit -- by Joe Klein. (Series: Special Publication ; no. 13-05)
Review And Analysis of Methods For Quantifying Instream Flow Requirements -- By Christopher C. Estes and John F. Orsborn
An Assessment of Instream Flow Protection In Alaska -- By Mary Lu Harle and Christopher C. Estes. (From: Instream Flow Protection In the West / edited by Lawrence J. MacDonnell and Teresa A. Rice. Revised edition)
Opportunities To Protect Instream Flows In Alaska -- By Mary Ray White. (Series: FWS/OBS ; 82/33)
Instream flow bibliography -- A bibliography of 14 titles
Russian River Application For Reservation of Water -- Form For Alaska Division of Mining, Land and Water. Water Resources Section ; completed by Joe Klein, Alaska Department of Fish and Game
Russian River Reservation of Water; LAS 28751 : Finding of Facts, Conclusions of Law, and Decision -- Alaska Department of Natural Resources. Division of Mining, Land, and Water
South Fork Campbell Creek Instream Flow Reservation Discussion/Exercise
Attachment for: South Fork Campbell Creek Instream Flow Reservation Exercise
South Fork Campbell Creek Application For Reservation of Water -- Applicant: Alaska Department of Fish and Game
Decision for LAS 13222, South Fork of Campbell Creek Instream Flow Reservation LAS 13222, Finding of Fact, Conclusions of Law and Decision -- Alaska Department of Natural Resources. Division of Mining, Land, and Water
Adjudication of a Reservation of Water Application : the Process (slide presentation by Kimberly Sager) -- The revised version is listed in the "Post-Course Documents" section.
• Slides (PDF format) -- There were no speaker notes
Alaska's Evolution of Water Opportunities : Why Reserve Water? & Class Highlights (slide presentation by Christopher Estes) -- The revised version is listed in the "Post-Course Documents" section.
• Slides with speaker notes (PDF format)
Alaska's Instream Flow Program -- By Christopher C. Estes and Mary Lu Harle
Alaska Legislature Considers Innovative Instream Flow Law -- By Robert T. Anderson
Interagency Water Data Issues Group : Work Session Report -- By James A. Munter. (Series: Administrative report ; 92-1)
An Assessment of Instream Flow Protection In Alaska -- By Mary Lu Harle and Christopher C. Estes. (From: Instream Flow Protection In the West / edited by Lawrence J. MacDonnell and Teresa A. Rice. Revised edition)
Alaska's Instream Flow Program - Annual Summary of Alaska Department of Fish and Game Instream Flow Reservation Applications -- Reviewed by Liter E. Spence of Annual Summary of Alaska Department of Fish and Game Instream Flow Reservation Applications by Christopher C. Estes.
Interagency Coordination Agreement On Title 16 and Water Issues -- Memorandums between Alaska Department of Natural Resources and Alaska Department of Fish and Game
Mapping Alaska's Water : the Alaska hydrography database -- By Kacy Krieger
Notice of Availability-Request For Public Comments On the Draft EPA-USGS Technical Report: Protecting Aquatic Life From Effects of Hydrologic Alteration -- Letter to Diana Eignor (EPA) from Ronald J. Regan (Association of Fish & Wildlife Agencies)
Working Together On Instream Flow Reservations : Outline For Panel Discussion
Working Together On Instream Flow Reservations : Panel Discussion Notes
Protection of Surface Waters Through the State of Alaska On Alaska Refuges : Case Study of Uganik River Reservation of Water Within Kodiak National Wildlife Refuge (slide presentation by Cathy Flanagan and Kim Sager. Revised version)
• Slides with speaker notes (PDF format)
Alaska's Reservation of Water Opportunities : Why Reserve Water? & Class Highlights (slide presentation by Christopher Estes. Revised version)
• Slides with speaker notes (PDF format)
Adjudication of a Reservation of Water Application : the Process (slide presentation by Kimberly Sager. Revised version)
• Slides with speaker notes (PDF format)
Only post-course material is available for this day.
Facilitated Discussion - Participant Topics/Issues Friday, October 28, 2016
Alaska Water Rights References - Master List -- Revised periodically
Brougher, Cynthia. 2009. The Wild and Scenic Rivers Act and federal water rights. -- [April 1, 2009 version]. -- [Washington, D.C.] : Congressional Research Service, [2009]. (CRS report for Congress ; 7-5700, RL30809).
Water Rights : Alaska Glossary of Water Terms
Statutory and Regulatory Definitions For the Alaska Water Use Act and For Dam Safety -- Includes:
1) AS Sec. 46.15.260 : Water Act Statutory Definitions
2) 11 AAC 93.970 : Water Act Regulatory Definitions
3) AS Sec. 46.17.900 : Dam Safety Statutory Definitions
4) 11 AAC 93.201 : Dam Safety Regulatory Definitions
The Use of State Instream Flow Laws For Federal Lands : Respecting State Control While Meeting Federal Purposes -- By Adell Louise Amos
Water Rights -- Volume 2, no. 3 (March 1989) -- Newsletter from American Society of Civil Engineers. The first article is "Alaska Moves To Protect In Stream Flows Feds Cannot"
PNP Hatchery Regulations -- Memorandum to Lance Trasky from Christopher Estes about Private Nonprofit salmon hatcheries
Alaska Water Rights Fact Sheet
Alaska Water Resources Board Historical Materials