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TULKISARMUTE NATIVE COMM. v. HEINZE

No. S-5711.

898 P.2d 935 (1995)

TULKISARMUTE NATIVE COMMUNITY COUNCIL; People of the Village of Tuluksak, Appellants, v. Harold HEINZE, Commissioner, Department of Natural Resources; Ric Davidge, Director, Division of Water, Appellees, Calista Corporation; Tuluksak Dredging, Intervenors-Appellees.

Supreme Court of Alaska.

July 28, 1995.

Attorney(s) appearing for the Case

Eric Smith, Anchorage, for appellants.

John T. Baker, Asst. Atty. Gen., Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for appellees.

Frederick H. Boness, Preston, Thorgrimson, Shidler, Gates & Ellis, Anchorage, for Calista Corporation.

James N. Barkeley and Paul K. Wharton, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, for Tuluksak Dredging.

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Tulkisarmute Native Community Council, the tribal government of the Village of Tuluksak, and Tuluksak residents (collectively TNCC) challenge the decision of the Department of Natural Resources (DNR) to extend fifteen permits for the appropriation of water in the Tuluksak River and its tributaries.1 The water is to be used for placer gold mining, a procedure in...

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