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Certified instream flow water right under state & federal law

Installing checking and recording data from stream gage sites in remote cites in the Arctic region of Alaska often under adverse climatic and other conditions.  Appropriating water in Alaska does not always mean that water must be removed from fresh water systems. Carrying the same legal weight as an out-of-stream diversion, Instream flow reservations under the Alaska Water Statute allow citizens and tribal entities to “reserve” water in streams and lakes to support salmon. The reservation process basically, requires the applicant to collect 5 years of instream flow data and provide other information before it can submit the application. Once the reservation is granted it is basically the same thing as a water right but the water is left instream and the resulting water right is superior to any proposed water uses that may come later in time. Unlike standard water right applications in Alaska, instream flow reservations must be reviewed every ten years and instream flow reservations require a more elaborate analysis, specific to each water body. Although the Alaska Department of Fish and Game is typically, the entity that collects the data and submits the application, Alaska is unique in that any entity can apply for the water reservation. Water Policy Consulting, LLC has been working for several years with tribes in Western Alaska who have been collecting data on various rivers and streams and using the data to draft applications for such instream flow reservations. Contact us if you are interested in how your entity may get started and the instream flow reservation process.