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;