Alaska Administrative Code

In this chapter, "director" means the director of the division of lands or his designee. Notes 11 AAC 91.900 Eff. 5/4/78, Register 66 Authority:AS 38.05.020 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most r…

Existing rights (also called "grandfather rights") are those water use rights established on or before July 1, 1966, by one of the following means: (1) a lawful common law or customary appropriation or use of water, such as, but not limited by example, the use of water by the hol…

A claim to an existing right is extinguished unless the claim was filed by (1) March 27, 1967, for the Kodiak Recording District; (2) May 31, 1967, for the Seldovia, Homer, Kenai, and Seward Recording Districts; (3) July 31, 1967, for the Anchorage, Palmer, and Whittier Recording…

(a) Any person who is adversely affected by a determination of existing rights made by the commissioner may, within 20 calendar days after the date of mailing of the summary of determination provided for by AS 46.15.135(c), make a written request for a hearing. The request must s…

(a) A significant amount of water is that amount of water for which an application for a water right or an application for a temporary water use authorization is required, as described in (b) of this section. (b) A person shall file an application for a water right under 11 AAC 9…

(a) A person may not lawfully appropriate a significant amount of water of the state without first obtaining a permit to appropriate, a certificate of appropriation, or a temporary water use authorization under this chapter. (b) An application for a water right must be made on a …

(a) An application that does not substantially comply with the requirements of 11 AAC 93.040 will not be accepted for filing. (b) The commissioner will, in his or her discretion, require an applicant whose application complies with the requirements of 11 AAC 93.040, and has been …

When a lessee of state land applies for a water right, water required for the use and enjoyment of the leasehold may be appropriated for the lessee's use. The lessee shall comply with the provisions of 11 AAC 93.040 - 11 AAC 93.140 in securing the appropriation. If the commission…

If a lessee of privately owned land applies for a water right, water required for the use and enjoyment of the leasehold may be appropriated for the lessee's use. The lessee shall comply with the provisions of 11 AAC 93.040 - 11 AAC 93.140 in securing the appropriation. The commi…

(a) Upon receipt of or while adjudicating an application for water use, the department may investigate or inspect the proposed diversion, withdrawal, or impoundment structures, the source of the water, meter records, gage data, well logs, and other competing uses for water within…

When the department begins adjudicating a water right application, the department will provide notice of the application as follows: (1) the department will publish notice under AS 46.15.133 in a newspaper of general circulation in the vicinity in which the water is to be appropr…

(a) If no written objection is received from any person during the public comment period, the commissioner will proceed with adjudication of the application. (b) All timely objections will be considered by the commissioner and each will receive a written response after the close …

An application to appropriate 5,000 gallons of water per day (gpd) or less is exempt from the notice provisions of 11 AAC 93.080 and AS 46.15.133, except that the Department of Fish and Game will be notified of an application for a water right from an anadromous fish stream liste…

(a) If objections are received during the public comment period, the commissioner will, in his or her discretion, hold a hearing on the objections. (b) The commissioner will, in his or her discretion, hold a hearing to acquire additional information on an application if the commi…

The commissioner may close a pending water right application and the department's application file if (1) the applicant informs the commissioner, in writing, or by filing a notice of relinquishment, that the applicant has abandoned plans to develop the water source or use, in whi…

(a) The commissioner will issue a permit to appropriate water if he or she finds that the appropriation meets the requirements of AS 46.15.080. (b) The permit will be issued for a period of time that the commissioner considers to be consistent with the public interest and adequat…

A permit will, in the commissioner's discretion, be cancelled, and the case file closed, if the permittee (1) does not develop and make use of the appropriation within the permit time period, or (2) as provided in AS 46.15.175, violates a term or condition of the permit. Notes 11…

(a) The commissioner will issue a certificate of appropriation to the permit holder for the quantity of water beneficially used, which might be equal to or less than that granted under the permit, if(1) the permit holder submits a statement of beneficial use stating that the mean…

(a) For a drilled, driven, jetted, or augered well constructed, the water well contractor or a person who constructs the well shall file a report within 45 days after completion with both the property owner and the department. The report must contain the following information as …

As provided in AS 46.15.145(a), the state, an agency or political subdivision of the state, an agency of the United States, or a person may apply for a reservation of water for (1) "protection of fish and wildlife habitat, migration and propagation," which means the quantity or l…

(a) An application for a reservation of water must be made to the department on a form provided by the department. The form must be completed in accordance with the instructions furnished by the department to the applicant. (b) Each application must (1) identify the purposes of t…

(a) An application that does not substantially comply with the requirements of 11 AAC 93.142 will not be accepted by the department for filing. (b) The commissioner will, in his or her discretion, require an applicant whose application complies with the requirements of 11 AAC 93.…

(a) Upon receipt of an application for a reservation of water, the commissioner will, in his or her discretion, investigate any aspect of the application, including the source of the water and other uses or demands for water within the area, to determine whether there is a possib…

(a) Notice of an application for a reservation of water will be provided in accordance with AS 46.15.133 and 11 AAC 93.080. In addition, the commissioner will provide notice to the Alaska Departments of Fish and Game and Environmental Conservation, to any federal or state agency …

(a) The commissioner will issue a certificate of reservation of water if the commissioner finds that the reservation meets the requirements of AS 46.15.145. (b) The certificate of reservation will be issued to the applicant. The applicant is responsible for compliance with the co…

(a) The commissioner will review a reservation of water at least once each 10 years after the date of issuance of the certificate of reservation. The commissioner will, in his or her discretion, review a reservation of water in fewer than 10 years if circumstances warrant a revie…

Notes 11 AAC 93.150 Repealed 8/16/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(a) The provisions of 11 AAC 93.151 - 11 AAC 93.201 apply to all artificial barriers located in the state that are dams within the meaning of AS 46.17.900, except dams owned or operated by the federal government or regulated by the Federal Energy Regulatory Commission. (b) An art…

For the purpose of determining whether a barrier is a dam under AS 46.17.900, the height of the barrier will be measured as either (1) the maximum vertical distance from the natural bed of the watercourse at the upstream or downstream toe of the barrier, whichever yields the grea…

(a) In order to determine design, operation, inspection, maintenance, emergency action, and reporting criteria under AS 46.17 and 11 AAC 93.151 - 11 AAC 93.201, the department will periodically review and classify each artificial barrier according to the barrier's potential dange…

(a) The owner of a Class I or Class II dam shall provide for a periodic safety inspection of the dam at least once every three years. The owner of a Class III dam shall provide for a periodic safety inspection of the dam at least once every five years. The department may order a …

Notes 11 AAC 93.160 Repealed 8/16/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(a) The department may inspect a dam or artificial barrier, regardless of its size or hazard potential classification, after providing notice to the owner under AS 46.17.060. (b) If the department determines that providing two weeks' notice under AS 46.17.060 is not practical bec…

(a) The department may take emergency remedial action to protect life or property from the risks created by the dam's operation or potential failure, if the department determines that one or more of the following conditions exist: (1) the condition of a dam is sufficiently danger…

(a) The owner of a Class I or Class II dam shall develop and maintain an emergency action plan in accordance with this section. (b) The department will approve an emergency action plan if (1) the plan adequately protects life and property, given the particular risks presented to …

Notes 11 AAC 93.165 Repealed 8/16/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(a) The owner of a dam that was constructed before May 31, 1987 shall submit to the department a complete application, on a form provided by the department, for a certificate of approval to operate the dam under 11 AAC 93.173(a)(3), along with the applicable fee under 11 AAC 05.2…

Notes 11 AAC 93.170 Repealed 8/16/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(a) Before construction, repair, or modification of a dam, a person must apply to the department under this section for a certificate of approval. Unless the department determines that an item or document is not required for the protection of life or property, the applicant must …

(a) Before removing or abandoning a dam, a person must apply to the department under this section for a certificate of approval. Unless the department determines that an item or document is not required for the protection of life or property, the following information and documen…

(a) The department will issue a certificate of approval if it determines that the action for which approval is sought may be conducted without unreasonable risk to life or property, and for a certificate of approval (1) for construction, modification, or repair of a dam, after re…

Notes 11 AAC 93.174 Eff. 8/16/89, Register 111; repealed 10/2/2004, Register 171 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

(a) The owner of a dam shall maintain on file, either at the location of the dam or at the owner's regular place of business in the state, all records pertaining to the safety of the dam, including(1) construction plans and specifications; (2) engineering reports; (3) record draw…

The owner or operator of a dam shall report to the department, on a form provided by the department, each incident involving the dam. For purposes of this section, incidents include one or more of the following events: (1) the satisfactory or unsatisfactory performance of a dam d…

Notes 11 AAC 93.180 Repealed 8/16/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 93.190 Repealed 8/16/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(a) The department will not approve proposals for hazard potential classifications as required under 11 AAC 93.157, design engineering reports, design and construction drawings, construction specifications, or other information or documents submitted under 11 AAC 93.171 or 11 AAC…