SCS CSHB 216(RES): "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) 01 "An Act relating to obstruction or interference with a person's free passage on or use of 02 navigable water; and amending the definition of 'navigable water' under the Alaska 03 Land Act." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.05.128(a) is amended to read: 06 (a) A person may not obstruct or interfere with the free passage or use by a 07 person of any navigable water unless the obstruction or interference is 08 (1) authorized by law or regulation or by a permit issued by a 09 [FEDERAL AGENCY AND A] state agency; 10 (2) [AUTHORIZED UNDER A FEDERAL OR STATE LAW OR 11 PERMIT; 12 (3)] exempt under 33 U.S.C. 1344(f) (Clean Water Act); 13 (3) [(4)] caused by the normal operation of freight barging that is 14 otherwise consistent with law; or
01 (4) [(5)] authorized by the commissioner after reasonable public 02 notice. 03 * Sec. 2. AS 38.05.965(14) is amended to read: 04 (14) "navigable water" means any water of the state forming a river, 05 stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea 06 or ocean, or any other body of water or waterway within the territorial limits of the 07 state or subject to its jurisdiction [,] that is navigable in fact in any season, whether in 08 a frozen or liquid state, and for any useful public purpose, including [BUT NOT 09 LIMITED TO] water suitable for commercial navigation, floating of logs, landing and 10 takeoff of aircraft, and public boating, trapping, hunting waterfowl and aquatic 11 animals, fishing, or other public recreational purposes;