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.
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 |
Klutina
Lake Road Report - jfb |
10/10/25 |
Richardson Abandon Letter - Col. James Steese |
Archives | |
n/a |
RS 2477 Klutina Dorrington - PowerPoint Slides |
Archives - 17b | |
11/21/02 |
|
2/4/87 |
|
2016 |
ANCSA 17b Easements - PowerPoint Slides (6mb) |
6/24/82 |
|
7/3/07 |
|
n/a |
|
11/18/09 |
|
n/a |
|
7/14/09 |
Valdez
C-5 - (2mb) |
5/12/12 |
Valdez
D-4 - (3mb) |
3/11/10 |
Valdez
D-5 - (3mb) |
Archives - DOT | |
8/6/99 |
|
n/a |
|
6/2007 |
|
varies |
|
varies |
|
varies |
|
varies |
|
varies |
Klutina
Lake Road 2006-2008 - (2mb) |
Archives - email | |
6/18/99 |
|
6/6/02 |
|
3/15/06 |
|
6/29/07 |
|
6/29/07 |
|
6/29/07 |
|
varies |
|
1/27/10 |
|
5/1/08 |
|
4/3/08 |
|
Archives - Mapping | |
6/18/15 |
|
12/7/16 |
|
12/7/16 |
|
n/a |
|
n/a |
|
Archives - Mapping - BLM - MTP | |
5/15/07 |
|
5/3/02 |
|
12/18/14 |
|
11/14/14 |
|
7/24/07 |
|
5/16/13 |
|
Archives - Mapping - BLM - TWP | |
12/16/14 |
|
5/22/96 |
|
5/22/96 |
|
5/22/96 |
|
5/22/96 |
|
Archives - Mapping - BLM - USS 5112 | |
?? |
|
10/3/75 |
|
n/a |
|
Archives - Mapping - BLM - USS 6785 Lot 3 | |
12/21/84 |
|
5/2/84 |
|
n/a |
|
Archives - Mapping - BLM - USS 6979 | |
8/9/85 |
|
2/5/92 |
|
10/1/84 |
|
n/a |
|
n/a |
|
Archives - Navigability | |
9/1/04 |
Klutina
group BLM Navigability - (4mb) |
9/3/04 |
|
Archives - Production | |
1/25/11 |
|
12/23/64 |
|
7/31/13 |
|
9/27/13 |
|
1964 |
|
1964 |
Klutina
Pioneer Access Road - (7mb) |
1999 |
|
2/1/06 |
|
8/1/13 |
|
3/13/08 |
|
5/8/12 |
|
5/8/12 |
|
6/2006 |
|
3/3/08 |
|
3/11/08 |
|
3/11/08 |
|
1/18/12 |
|
7/6/10 |
|
5/16/06 |
|
11/21/02 |
|
5/16/06 |
|
n/a |
|
n/a |
|
9/9/10 |
|
5/16/06 |
|
n/a |
|
6/18/22 |
|
n/a |
Klutina RS2477 - Case law |
2/8/14 |
|
varies |
|
n/a |
|
3/25/08 |
|
n/a |
|
n/a |
|
1/20/11 |
|
8/9/07 |
|
Archives - Production - 2014 Ahtna RS2477 Bill | |
12/17/13 |
|
3/24/14 |
|
n/a |
|
4/1/13 |
|
3/8/14 |
|
3/11/14 |
|
varies |
|
n/a |
|
2/28/14 |
|
n/a |
|
3/29/13 |
|
3/8/14 |
|
3/8/14 |
|
3/25/14 |
|
n/a |
|
3/26/14 |
|
3/26/14 |
|
n/a |
|
2/26/14 |
|
n/a |
|
n/a |
|
Archives - Production - 2018 Order on Width | |
5/21/18 |
|
1/17/12 |
|
5/11/18 |
|
7/14/03 |
|
Archives - Production - Ahtna photos 7.12.08 | |
n/a |
|
n/a |
|
n/a |
|
n/a |
|
Archives - Production - Discovery | |
8/15/08 |
|
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
8/15/08 | |
Archives - Production - Hughes Klutina | |
10/23/02 |
|
11/21/02 |
|
10/31/06 |
Ahtna
Complaint 3AN0612551 - (2mb) |
11/4/02 |
Klutina
- Ahtna Brief - (2mb) |
11/4/02 |
Klutina
Trespass Hughes Briefs - (2mb) |
5/17/00 |
|
Archives - Production - Klutina Appeal | |
5/11/16 |
|
1/17/12 |
|
2/9/11 |
Easement
Info - (4mb) |
4/26/00 |
|
9/1/11 |
Supplement
- (4mb) |
Archives - Production - Klutina Maps | |
n/a |
|
n/a |
|
n/a |
|
Archives - Production - Klutina Maps - Historic Text | |
n/a |
|
n/a |
|
n/a |
Gold
Hunters in Alaska - (5mb) |
3/1967 |
|
n/a |
Valdez
Gold Rush Trails - (4mb) |
Archives - Production - Klutina Scans | |
varies |
|
varies |
|
varies |
|
varies |
|
varies |
|
varies |
|
Archives - Production - Landslide Relief Act | |
1967 |
301-1967-67-30 - Landslide Replat of Anchorage Townsite |
1/20/98 |
landslide - Displacement of Land Survey Monuments (3mb) |
Archives - Production - Misc | |
11/21/02 |
|
11/21/02 |
|
7/19/02 |
|
7/6/99 |
|
n/a |
|
8/6/99 |
|
n/a |
Ahtna
Klutina Poster - (2mb) |
varies |
Ahtna
Letters re- Klutina use - (2mb) |
n/a |
|
varies |
|
7/18/80 |
|
7/18/80 |
|
10/23/02 |
|
varies |
|
n/a |
|
varies |
|
n/a |
|
9/1/04 |
|
7/22/94 |
|
varies |
|
varies |
|
10/3/75 |
|
12/21/84 |
|
Archives - Production - Misc - DOT Klutina Casefile | |
varies |
|
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
varies | |
Archives - Production - Misc - Property Mgt | |
6/28/07 |
|
7/30/99 |
|
8/22/07 |
|
7/6/99 |
|
4/27/01 |
|
8/9/07 |
|
8/25/99 |
|
5/17/01 |
|
1/31/14 |
|
1/24/05 |
|
6/15/00 |
|
9/25/02 |
|
8/9/07 |
|
8/13/07 |
|
n/a |
|
12/23/64 |
|
7/18/07 |
|
6/19/01 |
|
7/31/14 |
|
n/a |
|
Archives - Production - Princess Klutina | |
7/26/00 |
|
6/3/03 |
|
7/26/00 |
|
n/a |
|
n/a |
|
6/3/03 |
|
Archives - Production - RST 1372 Klutina Landing | |
7/14/09 |
|
7/14/10 |
|
3/11/10 |
|
varies |
Ahtna
title from Complaint - (2mb) |
11/22/04 |
|
1/6/04 |
|
n/a |
|
n/a |
|
n/a |
|
Archives - Production - Spur and Arterial Docs & Photos | |
9/1/04 |
10
BLM Memo. from Brown Re. Klutina River Nav. Determination
- (3mb) |
9/16/13 |
11
Affidavit of Larry St. Amand - (2mb) |
9/16/13 |
Examples of Spur and Arterial Supp. Docs. - For Settlement Purposes |
8/2012 |
|
1898 |
2
Portion of Lt. P.G. Lowe 27 1898 Map of Lower Klutina River |
n/a |
3
Partial List of Hist. Names Assoc. with Spurs and Arterials |
1898 |
|
1898 |
4.11
Boat building at head of Klutena sic River Spring of 1898 |
1898 |
|
1898 |
4.13
Panoramic view of 12 mile camp on the upper Klutina River |
1898 |
|
1898 |
|
1898 |
4.16
Prospectors building boats at Sawmill Camp on the upper
Klutina River |
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
4.23
Shooting the rapids in heavily laden boat on the Lower
Klutina |
1898 |
4.24
Trail at base of bluff, N. side of Klutina River, below
Moose Camp |
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
4.2
Panoramic View of both camps at Amie 27 Landing on Lower
Klutina |
1898 |
|
1898 |
|
1898 |
|
1898 |
4.33
Indians Raft Lower Klutina note cabins along river in
background |
1898 |
|
1898 |
4.4
Below the Point Looking up Amies Rapids tent in background |
1898 |
|
1898 |
|
1898 |
|
1898 |
|
1898 |
|
6/18/12 |
|
1966 |
|
1966 |
|
1966 |
6.12
1966 aerial Bluff 2, pullouts, overlooks and drainage 33-18 |
1966 |
6.13 1966 aerial Bluff 3, pullouts, overlooks and drainage 33-20 |
1966 |
6.14 1966 aerial Bluff 4, pullouts, overlooks and drainage 33-22 |
1966 |
|
1966 |
|
1966 |
|
1966 |
|
1966 |
|
1966 |
|
1966 |
|
1966 |
|
1966 |
|
2/1975 |
|
1973 |
|
10/2/76 |
|
10/2/76 |
|
8/28/84 |
|
Archives - Relocation | |
9/16/16 |
|
n/a |
Bruce
- Ely Relocation - (2mb) |
n/a |
|
1/20/98 |
|
n/a |
Readme - jfb notes |
6/2010 |
|
6/2011 |
Rolling
Easements Primer - (4mb) |
7/31/07 |
|
Archives - Settlement | |
5/17/17 |
|
7/31/17 |
|
3/15/17 |
|
8/30/17 |
|
n/a |
|
7/17/17 |
|
2/21/17 |
|
7/17/17 |
|
Archives - Settlement - 2017.7.17 Draft | |
7/17/17 |
|
7/17/17 | |
7/17/17 | |
7/17/17 |
Exhibit-F
- (5mb) |
7/17/17 | |
7/17/17 |
Exhibit-J
- (3mb) |
7/17/17 |
Exhibit-K
- (3mb) |
7/17/17 | |
7/17/17 | |
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 |
|
8/6/12 |
|
6/12/12 |
|
6/12/12 |
Draft
AGO to Trickey - (2mb) |
Archives - Settlement - Mediation - 11.5.12 Meeting | |
12/11/07 |
|
n/a |
|
n/a |
|
12/11/05 |
|
n/a |
|
n/a |
|
n/a |
|
Archives - Settlement - Mediation - Settlement Memo | |
10/12/12 |
|
10/12/10 |
|
10/12/12 |
|
10/12/12 |
|
10/12/12 |
|
4/2/08 |
B
- Ahtna Klutina Suit - (6mb) |
4/24/12 |
|
5/2012 |
|
5/24/12 |
F
- Plaintiff Ahtna, Inc.'s Opposition to the State of
Alaska's Motion Seeking Leave - (2mb) |
5/30/12 |
|
5/29/12 |
|
6/13/12 |
|
7/2/12 |
L
- Order Granting State's Motion Seeking Leave of Court to
Amend A1b |
7/2/12 |
|
5/4/12 |
Q
- Trickey Letter to AG - (2mb) |
5/10/12 |
|
5/18/12 |
|
6/12/12 |
|
6/27/12 |
|
7/16/12 |
|
Archives - Settlement - Press | |
7/17/17 |
|
5/21/19 |
|
3/10/17 |
|
3/13/17 |
|
3/27/17 |
|
7/31/17 |
|
9/18/17 |
|
9/7/17 |
|
9/7/17 |
|
n/a |
|
n/a |
|
7/17/17 |
|
7/17/17 |
|
7/17/17 |
Press
Release - Alaska Attorney General Discusses Proposed
Settlement |
5/16/19 |
Press
Release - State and Ahtna agree to 100-ft right-of-way |
Legal - 2021 Ahtna v. SOA - Supreme Court |
|
varies |
|
5/30/20 |
|
5/20/20 |
|
3/12/21 |
|
4/5/21 |
|
3/18/21 |
|
2/13/20 |
|
2/13/20 |
|
12/11/19 |
|
12/1/19 |
|
12/17/21 |
|
varies |
|
Legal - 2021 Ahtna v. SOA - Trial Court | |
1/21/14 |
|
varies |
|
1/17/14 |
|
10/30/18 |
10.
2018 WL 9537748 - (2mb) |
1/16/18 |
|
11/21/17 |
|
12/19/16 |
|
12/7/16 |
|
11/9/16 |
|
1/4/16 |
|
12/17/15 |
|
3/11/15 |
|
8/26/14 |
|
1/14/14 |
|
7/23/14 |
|
5/11/18 |
|
5/30/12 |
|
4/24/12 |
|
7/20/12 |
|
4/5/19 |
|
2/25/19 |
|
2/12/19 |
|
1/28/19 |
|
1/10/19 |
|
12/13/18 |
9.
2018 WL 9537747 - (2mb) |
n/a |
|
Legal - 2021 Ahtna v. SOA - Trial Court - Deposition | |
1/12/17 |
|
1/12/17 |
|
12/20/16 |
|
n/a |
|
1/27/17 |
|
11/12/14 |
|
n/a |
|
n/a |
|
n/a |
|
12/1/16 |
|
n/a |
|
Legal - 2021 Ahtna v. SOA - Trial Court - other filings | |
4/1/08 |
|
4/1/08 |
|
4/1/08 |
|
4/1/08 |
|
4/1/08 |
|
4/1/08 |
|
4/1/08 |
|
5/14/08 |
|
6/11/08 |
|
8/1/08 |
|
8/27/08 |
|
9/15/08 |
|
9/15/08 |
|
9/15/08 |
|
7/29/09 |
|
7/2/09 |
|
7/31/09 |
|
4/26/10 |
|
6/6/11 |
|
11/16/12 |
Ahtna
Inc Settlement Memorandum - (2mb) |
3/2012 |
|
4/16/12 |
|
4/24/12 |
|
4/24/12 |
|
4/24/12 |
|
5/29/12 |
|
5/29/12 |
|
6/18/12 |
Reply
Concerning Motion to Amended Pleadings Indispensable
Join Parties - (2mb) |
7/2/12 |
|
7/30/12 |
Plaintiff
Ahtna, Inc.'s First Requests for Production - (2mb) |
1/17/14 |
|
12/17/15 |
|
1/19/16 |
|
5/10/16 |
|
6/7/16 |
|
11/9/16 |
|
5/11/16 |
|
5/11/16 |
|
5/11/18 |
|
6/26/18 |
|
5/6/13 |
|
4/1/08 |
B
- Ahtna Klutina Suit - (6mb) |
4/24/12 |
|
5/2012 |
|
12/23/64 |
|
5/16/06 |
|
6/28/11 |
|
5/24/12 |
F
- Plaintiff Ahtna, Inc.'s Opposition to the State of
Alaska's Motion Seeking Leave - (2mb) |
5/30/12 |
|
5/29/12 |
|
7/2/12 |
L
- Order Granting State's Motion Seeking Leave of Court to
Amend A1b |
7/2/12 |
|
Legal - 2021 Ahtna v. SOA - Trial Court - other filings - 4.26.12 Ahtna | |
3/2012 |
|
n/a |
|
Legal - Case Law | |
1961 |
|
1985 |
|
1993 |
|
varies |
|
1975 |
|
n/a |
|
n/a |
|
1985 |
|
1983 |
|
10/21/76 |
|
1975 |
|
1961 |
|
varies |
|
1996 |
|
1996 |
|
1999 |
|
9/2001 |
|
1988 |
|
1983 |
|
1999 |
|
Legal - Lyle Opinion | |
6/19/01 |
|
7/17/02 |
|
10/23/02 |
|
7/19/02 |
|
Legal - Statutes - Regs | |
n/a |
|
n/a | |
n/a | |
n/a | |
n/a | |
n/a | |
n/a | |
n/a |