Residents are able to continue using Klutina Lake Road to access Klutina Lake and Klutina River, according to an Alaska Supreme Court Decision issued. The 25-mile dirt road is maintained near Copper Center by the Alaska Department of Transportation and Public Facilities. In agreeing with the state, the Alaska Supreme Court concluded that the public right-of-way, obtained under a federal statute enacted in 1866 is not limited to ingress and egress.
Alaska Attorney General Treg Taylor:
“This is a big win for public access for Alaskans, not just along the Klutina River but for other public access rights of way across Alaska. In a state with very little road access, we must defend the public’s access rights across these types of roads and trails that provide hunting and fishing, recreational, and resource development opportunities.”
The recent ruling stems from a dispute regarding the Brenwick-Craig Road, also known as the Klutina Lake Road, a single lane, dirt road running along the Klutina River from Copper Center on the Richardson Highway to the outlet of Klutina Lake. A majority of the road travels over land owned by Ahtna, Inc., a regional Alaska Native corporation. Their argument was rejected by the Alaska Supreme Court claiming the aboriginal title could negate the State’s claim to Revised Statute 2477.
Additionally, the Alaska Supreme Court reversed a lower court ruling that limited use of the road to ingress and egress only, prohibiting the public from using the road to access Klutina River and Klutina Lake. Prior to the lower court ruling, the public used this road to access these navigable waters for over 100 years. The court left open the question of whether the State can build new facilities such as rest areas, boat launches, camping sites, and day use sites within the right of way, saying that must first be evaluated by the superior court considering guidance provided by the recent decision.
NOTE: Read the case: Ahtna, Inc. v. State of Alaska, Department of Natural Resources and Department of Transportation & Public Facilities