Klutina Lake Road - RS2477 ROW - 2021

The Klutina Lake Road (aka Brenwick-Craig Road) runs southwesterly from Copper Center along the Klutina River to Klutina Lake.  The road crosses lands primarily owned by Ahtna Native Corporation.  One question is whether the ROW is based on RS-2477 or ANCSA 17(b).  Another question relates to the management and scope of use for the ROW which would clarify the rights of the public to use the corridor and the ability of Ahtna to control that use.

Klutina Sign
Ahtna - Klutina Lake Trail Sign

This has been one of my primary career "Groundhog Day" issues that seemingly defied resolution. I was introduced to the controversy in the summer of 1999 when I was asked to look at a complaint by a member of the public who took exception to the permit fee being demanded by Ahtna for certain uses of the ROW corridor.  My initial response was that this was not a DOT&PF issue.  It was clearly an RS-2477 trail and I believed it was under DNR jurisdiction.  As it turned out, it in fact was on the DOT&PF highway system not because it would serve large numbers of the public, but because the added mileage increased our federal funding. As a result, our office sent an encroachment notice to Ahtna requesting that they remove their "fee" station from the DOT&PF managed public ROW.

After years of meetings, letters and political maneuvering, in 2008, Ahtna filed a lawsuit against DOT&PF and its Commissioner claiming trespass over Ahtna lands and requesting an injunction against DOT&PF to refrain from interfering with "Ahtna's lawful administration and enjoyment of its lands including Ahtna's right to collect fees and enforce its possessory rights as a landowner."

In the following years I worked with both DOT & DNR AAGs in collecting information to defend the public's rights in the Klutina ROW.  More than one attempt was made at mediation and settlement to no avail. In May of 2016, Superior Court judge Guidi issued a Partial Summary Judgment that the RS-2477 Grant for the Klutina Lake Road only granted the right of ingress and egress and did not include boat launches, camping or day-use sites. In May of 2018, Guidi issued another judgment that fixed the width of the Klutina RS-2477 ROW at 100-feet.

In 2020 the case went to the Alaska Supreme Court and an opinion was issued on March 12, 2021.  A large part of the opinion focused on whether an Alaska Native Corporation's aboriginal title could prevent the State from asserting an RS-2477 ROW over Ahtna's lands.  The court ruled that it did not.  The opinion also supported the Superior Court judgment that public's use of the Klutina Lake Road ROW was limited to ingress and egress.  This is where I thought it all ended.  My understanding was that as the case floated between settlement and litigation, the State never had an opportunity to present evidence relating to the historical scope of use that specifically applied to the Klutina ROW.  Recently while gathering materials for this project, I found that a Petition for Rehearing was granted by the Supreme Court on 4/19/21, but it was not clear which party requested the rehearing.  More importantly, the Order issued by the Court also noted that "Opinion No. 7508, issued on 3/12/21, is Withdrawn".  The Order closed by stating that the case is taken under advisement and an opinion will be issued at a later date.  So after all this time...it ain't over yet!

Date Documents
12/19/16
10/10/25
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Archives - 17b
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2016
6/24/82
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12/16/14
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10/3/75
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Archives - Production - 2014 Ahtna RS2477 Bill
12/17/13
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Archives - Production - Hughes Klutina
10/23/02
11/21/02
10/31/06
11/4/02
11/4/02
5/17/00
Archives - Production - Klutina Appeal
5/11/16
1/17/12
2/9/11
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1967
1/20/98
Archives - Production - Misc
11/21/02
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7/19/02
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12/23/64
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Archives - Production - Princess Klutina
7/26/00
6/3/03
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6/3/03
Archives - Production - RST 1372 Klutina Landing
7/14/09
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3/11/10
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11/22/04
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9/16/16
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1/20/98
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Archives - Settlement - 2017.7.17 Draft
7/17/17
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Archives - Settlement - Ahtna Counterproposal
5/6/13
12/26/12
12/26/12
12/11/05
12/26/12
Archives - Settlement - Mediation
8/3/12
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6/12/12
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Archives - Settlement - Mediation - 11.5.12 Meeting
12/11/07
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Archives - Settlement - Mediation - Settlement Memo
10/12/12
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10/12/12
4/2/08
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5/2012
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Archives - Settlement - Press
7/17/17
5/21/19
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3/27/17
7/31/17
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9/7/17
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7/17/17
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7/17/17
5/16/19
Legal - 2021 Ahtna v. SOA - Supreme Court
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5/30/20
5/20/20
3/12/21
4/5/21
3/18/21
2/13/20
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12/11/19
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12/17/21
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Legal - 2021 Ahtna v. SOA - Trial Court
1/21/14
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1/17/14
10/30/18
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12/7/16
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12/13/18
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Legal - 2021 Ahtna v. SOA - Trial Court - Deposition
1/12/17
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12/20/16
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1/27/17
11/12/14
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12/1/16
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Legal - 2021 Ahtna v. SOA - Trial Court - other filings
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3/2012
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12/17/15
1/19/16
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5/11/18
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5/6/13
4/1/08
4/24/12
5/2012
12/23/64
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Legal - 2021 Ahtna v. SOA - Trial Court - other filings - 4.26.12 Ahtna
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10/21/76
1975
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