We are watching the Pebble permit appeal process – and Gov. Dunleavy - with eagle eyes

While local residents, Tribes, anglers, hunters, commercial fishermen, and salmon-advocates across the country cheered the decision by the U.S. Army Corps of Engineers to deny the key federal permit for the proposed Pebble mine in November 2020, Pebble quickly promised that it would fight the decision and attempt to have it overturned.  

In January, both the Pebble Limited Partnership and the State of Alaska filed an appeal to the Army Corps of Engineers. Last week, the Army Corps rejected the State of Alaska’s attempt to have the Pebble permit decision reversed, saying that it did not meet the definition of an “affected party.” However, the Corps did approve Pebble’s request, and have begun their review, which is expected to take longer than 90 days.  

Source: Trout Unlimited Alaska

Source: Trout Unlimited Alaska

Following the State of Alaska’s rejected permit appeal, Alaska Governor Dunleavy released a press statement challenging the Corps’ decision, saying that it prohibits the state from “fulfilling its obligation to develop its natural resources.” However, the regulations governing the permit appeals process clearly states that the appellant must be “a permit applicant, landowner, a lease, easement or option holder (i.e., an individual who has an identifiable and substantial legal interest in the property) who has received an approved jurisdictional determination, permit denial, or has declined a proffered individual permit.”  

Governor Dunleavy has had a long history of active support for the Pebble Limited Partnership through the permit process, and has continued to ignore Alaskans who, for decades, have been clear about their overwhelming opposition to the mine.  

In addition to the permit appeal, Alaska Department of Natural Resources (DNR), at the direction of Governor Dunleavy, is proposing changes to water management regulations that will remove the ability of anglers and Alaskans to ensure the future flows on the rivers we fish.  

DNR’s water management regulations currently allow individuals, businesses, and other entities to apply for water reservations for specific water ways for the benefit of fish and wildlife.  The regulation changes from Governor Dunleavy would restrict the ability of Alaskans to apply for, and hold, water reservations and limit water reservation holdings to only the State of Alaska. 

The Department of Natural Resources’ proposed changes to the water reservation system would prevent Alaskans and Alaskan business owners from holding water reservations in places like the Koktuli River in Bristol Bay. Source: Mountain Mind Media

The Department of Natural Resources’ proposed changes to the water reservation system would prevent Alaskans and Alaskan business owners from holding water reservations in places like the Koktuli River in Bristol Bay.

Source: Mountain Mind Media

To boil this down, here’s a helpful example – Trout Unlimited has pending applications for Upper Talarik Creek, the north and south forms of the Koktuli River, and more salmon streams in Bristol Bay.  The potential water regulation changes will restrict Trout Unlimited from receiving water reservations for these important salmon streams to ensure future flows of water for fish, the health of the fisheries, and the benefit business owners and Alaska Native Tribes reliant on the area. The regulations would still allow businesses (like the Pebble Limited Partnership) to apply for water rights to withdraw water.  

The proposed water regulation changes fail fish and those who depend on them- we need your help to tell Governor Dunleavy and the DNR that Alaskans should have the ability to hold water reservations that are vital to ensuring the health of wild and valuable fisheries. Please submit a comment before March 19th using this form to tell the Governor to not change the water management system.