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Show 92 ALASKA any person who violates a duty imposed by the act or who violates an order or permit of the department and thereby causes the death of fish, animals, or vegetation or otherwise injures or degrades the environment, is liable to the State for any damages.36 A recent amendment to the act imposes liability without regard to fault upon anyone discharging a hazardous substance into the waters of the State.37 The department may make grants and loans to assist in the con- struction of public water supply and waste treatment facilities.38 The act creates a water supply and sewerage systems fund for this purpose. B. DEPARTMENT OF FISH AND GAME Because of the economic importance of the fishing industry in Alaska, special provisions have been made to assure that the water right administration is coordinated with the management of the State's fisheries. For example, the water code provides that all applications to appropriate water are considered as having been simultaneously filed with the department of fish and game.39 The department must also be served with notice of each application before it is acted upon, and may submit objections to its approval.40 Further, in determining whether the application should be ap- proved, the commissioner of the department of natural resources is required, by statute, to consider a number of items in determining whether the proposed appropriation is in the public interest. One of the items specified in the statute is the effect of the proposed appropriation on the fish and game resources of the State and on public recreation opportunities.41 Also, every dam or other obstruction built in a stream which is frequented by salmon or other fish must be provided with a durable and efficient fishway to assure effective fish migration if the com- missioner of the fish and game department considers such a struc- ture necessary.42 However, if it is determined that a fishway is impracticable because of cost, the builder must pay compensation for the resulting loss to the fish and game fund, or build a hatchery to replace the fish which will be lost as a result of the obstruction.43 The commissioner of the department of fish and game is also au- thorized to specify those rivers, lakes, and streams which are impor- tant for the spawning or migration of anadromous fish. Thereafter, any person or governmental agency must notify the commissioner of the department of fish and game before constructing a hydrologic project; or before using, obstructing, polluting, changing the flow or bed of one of these designated sources; or before using wheel, tracked, or excavating equipment in the bed of one of these desig- nated sources. The commissioner may require the submission of plans and specifications for the proper protection of the fish and game M Sec. 46.03.780. w Sec. 46.03.822. 88 Sec. 46.03.030. » Sec. 46.15.040. *°Sec. 46.15.070. «Sec. 46.15.080. "Sec. 16.05.840. ^Sec. 16.05.850. |
