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The Alaska Contractor - Summer 2008

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to the Fort Knox mine. Kinross Gold,<br />

owner and operator of Fort Knox,<br />

plans to spend about $270 million on<br />

the two expansion projects.<br />

Even with the grandfather clause<br />

added in the ballot initiative III, it “…really<br />

does limit what mines would be<br />

able to do,” Shaw said. “An existing mine<br />

could finish out its life as it exists today,<br />

but would not be able to extend the life.<br />

“All of the mines in <strong>Alaska</strong> are concerned,”<br />

she said. “<strong>The</strong>y all have exploration<br />

programs and are hoping to extend<br />

the mine life, but this would limit<br />

interest that mine companies have in<br />

our state.”<br />

<strong>The</strong> first proposed initiative was<br />

struck down in February by Superior<br />

Court Judge Douglas L. Blankenship,<br />

who ruled that the ballot initiative was<br />

unconstitutional because it usurps the<br />

<strong>Alaska</strong> Legislature’s duty of allocating<br />

state resources.<br />

“Initiative law in <strong>Alaska</strong> requires<br />

that the Legislature retain discretion<br />

to allocate public assets such as water<br />

to all uses, including large-scale metallic<br />

mining, and not just to salmon<br />

and downstream communities,” Judge<br />

Douglas L. Blankenship wrote.<br />

Blankenship also said in his decision<br />

that banning the water use to<br />

large-scale mining “changes the function<br />

of water from mining use to only<br />

human or fish use and foils the Legislature’s<br />

role as the sole appropriator<br />

under the <strong>Alaska</strong> Constitution.”<br />

<strong>The</strong> second initiative, the <strong>Alaska</strong><br />

Clean Water Initiative III, which contains<br />

more generalized prohibitions regarding<br />

water and waste handling at mine<br />

operations, was allowed to proceed to<br />

the state election ballot by Blankenship.<br />

That decision, as well as his order striking<br />

down the first initiative, was appealed<br />

to the state Supreme Court.<br />

“It’s important to get certainty and<br />

finality on these significant water and<br />

mining issues,” said Lt. Gov. Sean Parnell,<br />

in a prepared statement following<br />

Judge Blankenship’s ruling. “Though<br />

the decision will likely be appealed, it<br />

brings us one step closer to an <strong>Alaska</strong><br />

Supreme Court decision on whether<br />

the initiative is the proper route for<br />

deciding these issues or whether that<br />

is the Legislature’s exclusive domain.”<br />

<strong>The</strong> lieutenant governor rules on<br />

the validity of ballot initiatives and last<br />

year, Parnell initially rejected the first

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