NOTICE OF PROPOSED CHANGES ON RESERVATIONS OF WATER IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES Summary of proposed changes: The Department of Natural Resources proposes to adopt regulation changes in 11 AAC 93 of the Alaska Administrative Code, dealing with reservations of water, including the following: (1) 11 AAC 93.142 (Content of application) is proposed to be changed as follows: Information provided in applications will be required to be more robust in order to support the public interest determination and to make it clear what trade-off is being considered for each reservation of water. Specifically, the department will require the applicant to provide the reason the proposed reservation is needed; provide five years of data to quantify the reservation; information to support the specific improvement to fish habitat; the estimated number and species of fish affected; the area and quality of fish habitat improved; and information on property ownership upstream and downstream of the proposed reservation. Finally, this regulation makes clear the prescribed application fee is required upon application. (2) 11 AAC 93.146 (Issuance of a certificate of reservation of water) is proposed to be changed as follows: State of Alaska and federal resource management agencies will be the holders of certificates of reservations of water that the agencies apply for, if granted. The Department of Natural Resources will hold certificates of reservations for all other applicants. This change is proposed as it is the fundamental mission of state and federal resource management agencies to work in the best interests of the public. For instance, a reservation of water application for fish habitat from a private party or interest group would require concurrence from the Alaska Department of Fish and Game (ADF&G) and DNR would hold the certificate. Federal resource agencies will be issued certificates of reservation for applications originating from a federal resource agency. Finally, this proposed regulation requires the applicant to install measuring devices and monitor and report information at intervals approved by the Commissioner of DNR. This change ensures DNR has pertinent data to determine if there is adequate water resources to meet the reservation. (3) 11 AAC 93.147 (Review of reservation of water) is proposed to be changed as follows: In 11 AAC 93.147(c), the applicant will now be required to bear the costs of conducting additional research, data collection, and analysis for their respective certificated reservations of water. Many existing applications for reservations of water are outdated and rely on old data. The department would not be required to pay for additional data collection for outdated applications or in cases where significant changes to flow have occurred. The department would work with ADF&G to evaluate whether a review of a reservation should include the collection of new data. Written comments: You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the online public comment portal at: https://dnr.alaska.gov/mlw/comment/submit/?topic=water_inflow or by electronic mail at dnr.water.regulation@alaska.gov. Comments may also be mailed to Brandon McCutcheon at 550 West Seventh Avenue, Suite 1070, Anchorage, Alaska 99501. Additionally, the Department of Natural Resources will accept comments by facsimile at 907-269-8904. Written comment deadline: The written comments must be received not later than 5:00 PM on June 30. 2026. Questions: You may submit written questions relevant to the proposed action to Brandon McCutcheon via email at dnr.water.regulation@alaska.gov or by mail at 550 West Seventh Avenue, Suite 1070, Anchorage, Alaska 99501. The questions must be received at least 10 days before the end of the public comment period, by 5:00 PM on June 20, 2026, at the latest. The Department of Natural Resources will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and agency website. Public nature of comments and questions: Public comments and questions, once submitted, are public records and subject to disclosure under the Alaska Public Records Act. See AS 40.25.100 - 40.25.295. Do NOT include in your comments or questions any information that you do not want made public. Accommodations: If you are a person with a disability who needs a reasonable accommodation in order to participate in this process, please contact Brandon McCutcheon via email at dnr.water.regulation@alaska.gov or by phone at 907-269-8511 not later than 5:00 PM on June 20, 2026, to ensure that any necessary accommodations can be provided. Obtaining copies of proposed regulations: A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Brandon McCutcheon at the contact information above. Final version of regulations. After the public comment period ends, the Department of Natural Resources will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. Statutory authority: AS 46.15.020(b)(1) Statutes being implemented, interpreted, or made specific: AS 46.15.145 Fiscal information: The proposed regulation changes are not expected to require an increased appropriation. How to receive further notices: The Division of Mining, Land and Water keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the division's notices of proposed regulation changes. To be added to or removed from the list, send a request to Brandon McCutcheon at the contact information provided above, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices. Individuals can also sign up to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx. Date: May 29, 2026 Christy Colles, Director Alaska Department of Natural Resources Division of Mining, Land and Water Pub: May 31, 2026