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KELSO v. RYBACHEK

Nos. S-5942/5982.

912 P.2d 536 (1996)

Dennis KELSO, Alaska Department of Environmental Conservation, Appellant and Cross-Appellee, v. Stanley C. RYBACHEK and Rosalie A. Rybachek, Appellees and Cross-Appellants.

Supreme Court of Alaska.

March 8, 1996.

Attorney(s) appearing for the Case

Jacqueline F. Colson, Assistant Attorney General, Fairbanks, Bruce M. Botelho, Attorney General, Juneau, for Appellant and Cross-Appellee.

Stanley C. Rybachek and Rosalie A. Rybachek, pro se, North Pole.

James S. Burling, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Livengood-Tolovana Mining District.

Before RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

This case concerns a request by a group of miners in the Livengood/Tolovana Mining District that the Alaska Department of Environmental Conservation (Department) downgrade water use classifications in the Mining District. The Department denied the request and the Mining District appealed. The superior court remanded the case to the Department and...

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