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The
National Rivers Website:
Rivers
of Alaska
Your center for river information for Alaska.
Overview
of rivers in Alaska
Rivers of Alaska: Overview of Alaska whitewater, Alaska
paddling, Alaska canoeing, Alaska kayaking, Alaska rafting, Alaska
fly-fishing, Alaska river conservation, Alaska river law, and
Alaska river access.
Paddling in Alaska can offer as much solitude, wilderness, and
adventure as you can handle. The silt-laden Yukon, the
fifth largest river in the world, bisects the state and carries
you from a narrow, whitewater rapid in the spruce forests of
Canada, through meandering and braided twists of swirling
flatwater, and finally on to the vast expanse of the treeless
delta where it empties into the Bering Sea.
The Gulkana provides good class two to three
whitewater on a crystal clear stream where you can catch salmon,
rainbow trout, and grayling, and late summer trips let you
harvest wild blueberries.
The Saganavirktok runs fast and smooth up to the
Arctic Ocean -- fish for Arctic char and keep a clean camp,
because the coast is polar bear country.
Or clamber into a raft and tackle the Copper River in
southcentral Alaska: If the rapids don't flip you, the calving
glaciers just might.
Wherever you go, you might find old trappers' cabins,
abandoned mines, native cemetaries (please be respectful and
enjoy from a distance), or one of the many animals who live
along the rivers: moose, bear, Dall sheep, caribou, musk oxen,
lynx, wolverine, porcupine, marmot, mink, otter, sea lions,
eagles, waterfowl, and of course, the mighty mosquito.
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Alaska
River News and Opinions
- Reports and descriptions of specific rivers in Alaska.
- The current status of river conservation and access
issues in Alaska.
The following news is assembled from postings
from various sources, as a public service. The sponsors of this
website do not assume responsibility for accuracy. Always
double-check information before relying on it, especially when
your safety is involved!
STATEWIDE ISSUES:
SPECIFIC RIVERS Click to jump down to
descriptions and news about:
Fortymile River
NEW!!--Taku River
Fortymile River
Suction dredge mining on hold on Fortymile River
The Bureau of Land Management will not allow dredge miners
searching for gold to camp on the federal lands along the Wild
and Scenic section of the Fortymile River, at least for the
time being.
American Rivers (www.amrivers.org)
and the Northern Alaska Environmental Center (www.mosquitonet.com/~naec)
have filed objections to a proposal to allow dredge miners to
camp on those lands, citing BLM's own concerns that such
mining would produce pollution and other environmental
disturbances to fish and wetlands habitats.
The Fortymile, which flows through eastern Alaska and
western Canada, is a popular multi-day trip for canoeists,
kayakers, and rafters.
Taku River
Mine Could Destroy International River
The proposed Tulsequah Chief mine in British Columbia has
drawn the fire of environmentalists on both sides of the
border concerned about the health of the surrounding
wilderness. Canadian environmentalists find themselves in the
odd predicament of asking the American government to force its
neighbor to close the mine.
The construction and operation of the gold and copper mine
could have adverse effects on the surrounding land in British
Columbia, habitat that is home to significant populations of
caribou and grizzly bears. Runoff and erosion caused by the
mine could also harm the Taku River, which flows out of
British Columbia into Alaska.
By calling on the U.S. to protect the lower part of the
Taku, anti-mine groups hope Americans will demand protection
of the lower Taku, effectively ending the upstream, Canadian
mining project.
(To post your Alaska river news, alerts, descriptions,
opinions, or observations, click to go to the
River
Rendezvous--State River News, Alaska section. or e-mail it
to us at nors@rmi.net, and we
will insert it here.)
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Who
owns the rivers in Alaska?
Answers to
frequently-asked questions about river law in Alaska,
regarding river ownership, use, access, and conservation.
A folder on Alaska river law is being developed, but you can
get information on federal law below. To post your question
about river law in Alaska, click here to go to
River
Rendezvous--State River News, and post your question
under Alaska River Law. The webmaster will subsequently ask a
qualified attorney to answer your question, and will add the
question and the answer to the list.
Review
of the relationship of federal and state law regarding rivers:
The section on National River
Law discusses river ownership, use, and conservation law
throughout the United States. Following is a review of what
individual states can and cannot lawfully do with the rivers
within their borders.
- The U.S. Supreme Court has ruled that rivers that are
navigable, for title purposes, are owned by the states, "held
in trust" for the public. This applies in all fifty
states, under the "Equal Footing Doctrine."
- Rivers that do meet the federal test are automatically
navigable, and therefore owned by the state. No court or
government agency has to designate them as such.
- The federal test of navigability is not a technical test.
There are no measurements of river width, depth, flow, or
steepness involved. The test is simply whether the river is
usable as a route by the public, even in small craft such as
canoes, kayaks, and rafts. Such a river is legally navigable
even if it contains big rapids, waterfalls, and other
obstructions at which boaters get out, walk around, then
re-enter the water.
- The states own these rivers up to the "ordinary high
water mark." This is the mark that people can actually
see on the ground, where the high water has left debris,
sand, and gravel during its ordinary annual cycle. (Not
during unusual flooding.) It is not a theoretical line
requiring engineering calculations. Where the river banks
are fairly flat, this mark can be quite a distance from the
edge of the water during medium water flows. There is often
plenty of room for standing, fishing, camping, and other
visits.
- States cannot sell or give away these rivers and lands up
to the ordinary high water mark. Under the "Public
Trust Doctrine," they must hold them in perpetuity for
public use.
- The three public uses that the courts have traditionally
mentioned are navigation, fishing, and commerce. But the
courts have ruled that any and all non-destructive
activities on these land are legally protected, including
picnics, camping, walking, and other activities. The public
can fish, from the river or from the shore below the "ordinary
high water mark." (Note that the fish and wildlife are
owned by the state in any case.) The public can walk, roll a
baby carriage, and other activities, according to court
decisions.
- States do have authority and latitude in the way they
manage rivers, but their management must protect the public
uses mentioned above. They can (and must) prohibit or
restrict activities that conflict with the Public Trust
Doctrine. "Responsible recreation" must be
allowed, but activities that could be harmful, such as
building fires, leaving trash, and making noise, can legally
be limited, or prohibited, in various areas. Motorized trips
and commercial trips can legally be limited or prohibited by
state governments.
- State and local restrictions on use of navigable rivers
have to be legitimately related to enhancing public trust
value, not reducing it. Rivers cannot be closed or partially
closed to appease adjacent landowners, or to appease people
who want to dedicate the river to fishing only, or to make
life easier for local law enforcement agencies.
- State governments (through state courts and legislatures)
cannot reduce public rights to navigate and visit navigable
rivers within their borders, but they can expand those
rights, and some states have done so. They can create a
floatage easement, a public right to navigate even on rivers
that might not qualify for state ownership for some reason,
even if it is assumed that the bed and banks of the river
are private land. Note that this floatage easement is a
matter of state law that varies from state to state, but the
question of whether a river is navigable, for title
purposes, and therefore owned by the state, is a matter of
federal law, and does not vary from state to state. Note
that a state floatage easement is something that comes and
goes with the water: When the water is there, people have a
right to be there on it, and when it dries up, people have
no right to be there. But rivers that are navigable for
title purposes are public land up to the ordinary high water
mark, so that even when the river runs dry, people still
have the right to walk along the bed of the river.
- Only federal courts can modify the test of standards that
make a river navigable for title purposes. States cannot
create their own standards, either narrower or wider in
scope. They cant make definitive rulings about which
rivers are navigable for title purposes, only a federal
court can.
- The situation gets confusing when a state agency or
commission holds hearings about navigability and public use
of rivers. Landowners, sheriffs, and other people tend to
think that such an agency or commission can create state
standards that determine which rivers are public and which
are private. But these are matters of federal law which
state agencies cannot change.
- State agencies should make provisional determinations
that various rivers meet the federal test of navigability
for title purposes. These provisional determinations should
be based simply on the rivers' usability by canoes, kayaks,
and rafts. They should then proceed to the question of how
to manage navigation and other public uses of the river. In
these days of government cut-backs, the agency should look
for solutions that use existing enforcement agencies rather
than setting up new ones. Littering, illegal fires,
offensive behavior, trespassing on private land, and
numerous other offenses are all covered by existing laws,
and offenders can be cited by the local police, sheriff's
office or state police.
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Calendar
of River Events in Alaska
Click to jump down to:
Races and Competitions. |
River Rodeos/Freestyle.
River Cleanups. |
River Festivals and Rendezvous.
Conventions, meetings, and classes.
| Other events.
(This calendar is assembled as a public
service, using postings from individuals. The sponsors of this
website assume no responsibility for the accuracy of the
listings, or the quality of the events. Always double-check
information before relying on it.)
Races and Competitions:
River Rodeos/Freestyle:
River Cleanups:
River Festivals and Rendezvous.
Conventions, meetings, and
classes:
Other events:
(To post an announcement of a Alaska river event you are
organizing, click to go to:
River
Rendezvous--State River News--Alaska River Events. The
webmaster will subsequently integrate your information into
the announcements above.)
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River
Links and Information Sources for Alaska
Click to jump down to:
River clubs, associations, and organizations.
River guidebooks and videos about Alaska.
River flow and weather information sources.
Federal government offices in Alaska. |
State government offices.
Local government offices. |
Other information sources.
These listings are assembled as a public service,
using postings from individuals. The sponsors of this website assume
no responsibility for the accuracy of the listings. Always
double-check information before relying on it.
River clubs, associations, and
organizations.
Anchorage Waterways Council
Fairbanks
Paddlers Association
Women's Fly Fishing
River guidebooks and videos about Alaska.
- To order books and videos about rivers in Alaska, go to the
NORS
Resource Center.
- To announce a new book or video about rivers in Alaska, get it
listed here by posting it to the River Rendezvous as shown
below, and also send a message to the NORS Resource Center by using
the Comment section of the
Resource
Center Order Form.
River flow and weather information sources.
- The U.S. Geological Survey website has current reports from
numerous river gauges nationwide. Click to leave this site and go to
that site, at http://water.usgs.gov
Federal government offices in Alaska.
State government offices.
Local government offices.
Other information sources.
(To add to, or correct, the above links and listings, click to go
to: River
Rendezvous: State River News, Alaska River Links. Post your
addition or correction there, where it will be in view immediately,
and the webmaster will subsequently integrate your information into
the links above.)
The National Rivers Website
and the Rivers of Alaska section are made possible by the
generosity of the members of the National Organization for Rivers
(NORS.) To start or extend your membership, go to
NORS
Memberships.
NORS was founded in 1978.
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The National Organization for Rivers
(NORS)
Membership Offices: 212 West Cheyenne
Mountain Blvd.
Colorado Springs, CO 80906
(719) 579-8759. Fax (719) 576-6238.
nationalrivers@email.msn.com
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Organization for Rivers. All rights reserved. 4.
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