2013-03-04                     House Journal                      Page 0434
HB 77                                                                                                                         
The following, which was advanced to third reading from the February                                                            
27, 2013, calendar (page 387), was read the third time:                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 77(RES)                                                                                              
     "An Act relating to the Alaska Land Act, including certain                                                                 
     authorizations, contracts, leases, permits, or other disposals of                                                          
     state land, resources, property, or interests; relating to                                                                 
     authorization for the use of state land by general permit; relating                                                        
     to exchange of state land; relating to procedures for certain                                                              
     administrative appeals and requests for reconsideration to the                                                             
     commissioner of natural resources; relating to the Alaska Water                                                            
     Use Act; and providing for an effective date."                                                                             
                                                                                                                                
Representative Gara moved and asked unanimous consent that CSHB
(RES) be returned to second reading for the specific purpose of                                                               
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
The Speaker stated that, without objection, CSHB 77(RES) would be                                                               
returned to second reading for all amendments.                                                                                  
                                                                                                                                
Amendment No. 1 was offered  by Representatives Gara, Tarr,                                                                      
Josephson, Kreiss-Tomkins, and Kawasaki:                                                                                        
                                                                                                                                
Page 20, following line 1:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 35. AS 46.15.080(a) is amended to read:                                                                               
         (a)  Except as provided in (c) of this section, the [THE]                                                          
    commissioner shall issue a permit if the commissioner finds that                                                           
              (1)  rights of a prior appropriator will not be unduly                                                            
     affected;                                                                                                                  
              (2)  the proposed means of diversion or construction are                                                          
     adequate;                                                                                                                  
              (3)  the proposed water withdrawal does not                                                                   
     materially harm habitat for sport, commercial, or subsistence                                                          

2013-03-04                     House Journal                      Page 0435
     fish when compared to the water level that would be present if                                                         
     no water withdrawal were permitted;                                                                                    
              (4)  the proposed use of water is beneficial; and                                                             
              (5) [(4)]  the proposed appropriation is in the public                                                        
     interest.                                                                                                                  
   * Sec. 36. AS 46.15.080 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (c)  The commissioner may issue a permit for the                                                                       
     appropriation of the minimum amount of water necessary for oil                                                             
     and gas development if the commissioner makes the findings                                                                 
     required in (a)(1), (2), (4), and (5) of this section and makes a                                                          
     written finding that there is no alternate source of water from                                                            
     which it is feasible to make an appropriation with less detriment to                                                       
     fish and fish habitat."                                                                                                    
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 22, line 15:                                                                                                               
     Delete "sec. 40"                                                                                                           
     Insert "sec. 42"                                                                                                           
                                                                                                                                
Page 22, line 17:                                                                                                               
     Delete "sec. 40"                                                                                                           
     Insert "sec. 42"                                                                                                           
                                                                                                                                
Page 22, line 20:                                                                                                               
     Delete "sec. 40"                                                                                                           
     Insert "sec. 42"                                                                                                           
                                                                                                                                
Page 23, line 13:                                                                                                               
     Delete "Section 45"                                                                                                        
     Insert "Section 47"                                                                                                        
                                                                                                                                
Page 23, line 14:                                                                                                               
     Delete "sec. 47"                                                                                                           
     Insert "sec. 49"                                                                                                           
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                

2013-03-04                     House Journal                      Page 0436
Representative Feige objected.