Legislature(2001 - 2002)

04/25/2002 09:46 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
     SENATE CS FOR CS FOR HOUSE BILL NO. 421(RES)                                                                               
     "An  Act  relating  to  requiring  the  Department  of  Natural                                                            
     Resources to develop  and maintain a standardized procedure for                                                            
     processing  applications and  issuing permits, authorizations,                                                             
     and certifications  under the Alaska Water Use  Act and to make                                                            
     a record  of those  items and amendments  and orders  affecting                                                            
     them available on the Internet."                                                                                           
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
JENNIFER YUHAS, Committee  Aide to Representative Beverly Masek, Co-                                                            
Chair of the  House Resources Committee  the sponsors of  this bill,                                                            
informed  the Committee the  current committee  substitute  for this                                                            
bill has a  more specific title than  the version passed  out of the                                                            
House of Representatives.                                                                                                       
                                                                                                                                
Ms. Yuhas shared  with the Committee that statutes  enacted in FY 02                                                            
resulted in  new Department of Natural  Resources regulations,  and,                                                            
during  that legislation  process,  it  was revealed  that  Alaska's                                                            
citizens  were  unhappy  with the  difficulty  in  accessing  public                                                            
records and the "haphazard  nature" of water rights, water uses, and                                                            
water  appropriation issuances.  She  stated this  bill directs  the                                                            
Department to  develop a standardized water right  and use procedure                                                            
and to make records available to the public.                                                                                    
                                                                                                                                
Senator  Wilken  characterized  the  problems  associated  with  the                                                            
recent Fairbanks'  Ester Dome water  project as a "rat's  nest," and                                                            
voiced strong support for the bill.                                                                                             
                                                                                                                                
Ms. Yuhas  relayed  that the sponsor  requested  the Senate  Finance                                                            
Committee  to  address  concerns pertaining   to the  Department  of                                                            
Natural Resources  fiscal note. She  shared that the Department  had                                                            
been allocated  $300,000 in FY 02 with the expectation  of receiving                                                            
an additional $300,000  in FY 03 to specifically address the backlog                                                            
in the water rights  adjudication program. She stated  the sponsor's                                                            
opinion that the  Department of Natural Resources  fiscal note dated                                                            
3/22/02  in the amount  of $75,000  would not  be necessary  as this                                                            
amount could be funded from the existing $300,000 allotment.                                                                    
                                                                                                                                
BOB  LOEFFLER,  Director,  Division   of  Mining,  Land  and  Water,                                                            
Department  of Natural  Resources,  testified  offnet  to voice  the                                                            
Department's general support  of this bill. He stated the Department                                                            
oversees   the  water  rights   program.   He  explained  that   the                                                            
Department's antiquated  computer system makes it  difficult for the                                                            
Department to easily supply summary information to the public.                                                                  
                                                                                                                                
Mr.  Loeffler  specified  that  the  Department's  fiscal  note  for                                                            
$75,000  would  fund  a  contract  with  the  Information   Resource                                                            
Management programmers  to make public information  available on the                                                            
Internet as required  in the bill. He also noted the  Division would                                                            
be fully staffed  in FY 03 to address  the backlog; however,  if the                                                            
$75,000 were  subtracted from the  allotment, some staff  would need                                                            
to be laid off.                                                                                                                 
                                                                                                                                
Senator  Leman  inquired  as  to what  the  Division  did  with  the                                                            
$300,000 FY 02 allotment.                                                                                                       
                                                                                                                                
Mr.  Loeffler responded  that  the $300,000  increment  was used  to                                                            
address the water right  permit backlog, and the expectation is that                                                            
at the  end of FY  02, a new  typical water  use permit application                                                             
would  be  processed  within  60  days  of  receipt  and  a  typical                                                            
temporary  water use permit  would be processed  within 20  days. He                                                            
informed  the  Committee   that  between  40  and  50  permits  were                                                            
processed  in April  and  that between  the  months  of January  and                                                            
March, a  total of approximately  100 water  right permits  had been                                                            
processed,  matching the  total number  processed  the prior  fiscal                                                            
year.                                                                                                                           
                                                                                                                                
Senator  Wilken  inquired  how the  Ester  Dome project  would  have                                                            
benefited if  this legislation had  been in effect three  years ago.                                                            
                                                                                                                                
Mr.  Loeffler  stated  this  legislation   would  have  allowed  the                                                            
Division to more  quickly retrieve the summary information  from the                                                            
computer system.                                                                                                                
                                                                                                                                
KEITH BAYHA,  Chairman,  Alaska Public Waters  Coalition,  testified                                                            
via teleconference  from Anchorage.  He informed the Committee  that                                                            
the  Coalition  consists  of  sport  fishing  groups,  conservation                                                             
groups, some Alaska Water  Board members, and other people concerned                                                            
about  how   this  legislation  might   impact  the  public   "while                                                            
furthering   special  interests  at   the  expense  of  the   public                                                            
interest."  He stated  support  for  the House  of Representative's                                                             
version  of  the  bill,  and  voiced  disapproval  of  the  Senate's                                                            
amendments  to  it, which  require  individuals  seeking  water  use                                                            
permits  to additionally  acquire  "meaningless"  permits  from  the                                                            
Department of Fish and Game.                                                                                                    
                                                                                                                                
Mr. Bayha  voiced  that this bill  needs "further  improvement"  and                                                            
noted  that the  coalition's  principle  concern  is that  the  term                                                            
"standardized  procedure" lacks definition." He feared  that without                                                            
this  term being  further defined,  the  bill "might  result with  a                                                            
procedure  and a date retrieval  system that  still may not  be user                                                            
friendly  and  capable  of being  used  by citizens  who  desire  to                                                            
utilize  the  data  base  to  perform  investigative   searches  and                                                            
analysis."                                                                                                                      
                                                                                                                                
Mr. Bayha  offered various  suggestions for  amendments to  the bill                                                            
including in-stream flow  and temperature evaluations in determining                                                            
permits.                                                                                                                        
                                                                                                                                
                                                                                                                                
SFC 02 # 77, Side B 10:38 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Mr. Bayha stressed  that procedures  should be addressed  to provide                                                            
easy  and efficient  access  to  water rights  information  and  the                                                            
Department's  internet site should  include such things as  adequate                                                            
notice  of  actions   relating  to  changes  in  water   rights.  He                                                            
summarized    that   the   coalition    supports   the    House   of                                                            
Representative's  version of the bill,  and asked for consideration                                                             
of the Coalition's concerns and suggestions.                                                                                    
                                                                                                                                
Senator Hoffman  asked when the information  specified in  this bill                                                            
would be available on the Internet if the bill were passed.                                                                     
                                                                                                                                
Co-Chair Kelly noted that information would be forthcoming.                                                                     
                                                                                                                                
Ms. Yuhas clarified  that amendments  to the bill do not  require an                                                            
applicant  to apply for  a permit  from the Department  of Fish  and                                                            
Game, but rather  to receive "concurrence on the use  of the water."                                                            
                                                                                                                                
Ms. Yuhas additionally expressed that citizen complaints at a                                                                   
public hearing  both she and Mr. Loeffler  attended, focused  on not                                                            
being able to access paper files for water rights in the same                                                                   
city in which they had been applied for, and did not focus on                                                                   
issues resulting from an archaic computer system.                                                                               
                                                                                                                                
Co-Chair  Kelly  ordered the  bill  HELD in  Committee  in order  to                                                            
further address the fiscal notes.                                                                                               
                                                                                                                                
                                                                                                                                

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