Alaska Administrative Code

Unless the context requires otherwise, in AS 46.17 and 11 AAC 93.151 - 11 AAC 93.201, (1) "alteration" has the meaning given in AS 46.17.900; (2) "appurtenant works" has the meaning given in AS 46.17.900; (3) "Class I dam" means a dam assigned a Class I (high) hazard potential cl…

(a) Procedures to authorize the temporary use of water, as provided in 11 AAC 93.220, will apply if the use continues for less than five consecutive years and the water applied for is not otherwise appropriated under a permit to appropriate water, certificate of appropriation, ce…

(a) A person must receive authorization under this section before temporary use of a significant amount of water under 11 AAC 93.035. The application for an authorization for temporary water use must be made on a form approved by the department and completed in accordance with th…

Preferred use status allows the use of water for a preferred use when adequate water is not available from the same source to supply all lawful appropriators. Notes 11 AAC 93.230 Eff. 2/8/67, Register 23; am 12/29/79, Register 72 Authority:AS 46.15.020 AS 46.15.150 State regulati…

An applicant for preferred use status shall submit the applicable fee prescribed in 11 AAC 05.260 and provide the department written evidence that establishes, to the satisfaction of the department, that (1) the use of water is for a public water utility that serves the general p…

(a) If the commissioner determines that additional information is required to rule on an application, the commissioner will, in his or her discretion, require the submission of additional evidence, hold hearings, or require investigative studies. (b) Denial of an application for …

(a) If the commissioner grants an applicant preferred use status under 11 AAC 93.250, the commissioner will issue a permit to appropriate for preferred use when (1) notice has been given under 11 AAC 93.080; and (2) the applicant has submitted to the commissioner either certified…

A violation of a provision of this chapter, a lawful order of the commissioner issued under this chapter or AS 46.15, or a term or condition of a permit or certificate issued under this chapter is subject to corrective action under 11 AAC 93.280 - 11 AAC 93.290. Notes 11 AAC 93.2…

(a) If the commissioner finds that a person is causing, engaging in, or maintaining a condition or activity that involves the use of a water resource and that presents an imminent or present danger to the health, safety, or welfare of the people of the state or the right of a pri…

(a) In order to protect the public interest the commissioner may issue any of the following orders: (1) an order prescribing construction and other engineering modifications of impoundment, withdrawal, or diversion structures but not waiving the responsibility of the applicant to…

An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02. Notes 11 AAC 93.300 Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 9/19/2001, Register 159 Authority:AS 46.15.020 AS 46.15.…

(a) Before initiating an adjudication under AS 46.15.165, the commissioner will identify in writing the geographic and hydrologic boundaries and the hydrologic resources of the adjudication area. The written identification will (1) describe the interaction and hydrologic communic…

The commissioner will, in his or her discretion, initiate an administrative basin-wide adjudication by issuing an order that will, in the commissioner's discretion, contain some or all of the following information: (1) a written consent by the federal government to participate in…

(a) Notice of the adjudication will be served on those persons listed in AS 46.15.165(c) and in the manner described in AS 46.15.165(e). (b) Notice to the agencies of the federal government having management or trust responsibility over lands within the adjudication area will be …

(a) A claim by the federal government or other person claiming federal reserved water rights within the adjudication area must be filed in writing with the commissioner. (b) A claim to federal reserved water rights must contain the following information: (1) the name of the agenc…

In performing the adjudication under this chapter, the commissioner will, in his or her discretion, issue further orders as necessary, including (1) designating an impartial qualified person as a master to preside over the adjudication; (2) establishing hearing times and places; …

The commissioner will, in his or her discretion, initiate proceedings to designate a particular geographic or hydrologic area, including surface and ground water, as a critical water management area if (1) the commissioner determines that there is or might be an imminent water sh…

(a) Before the commissioner designates a geographic or hydrologic area as a critical water management area or revokes or amends a designation, the department will post a notice of the proposed action on the Alaska Online Public Notice System (AS 44.62.175) for at least 30 days an…

The decision to designate a geographic or hydrologic area as a critical water management area, or revoke or amend a designation, will be in writing, and will, as appropriate, (1) state the reasons for the designation, revocation, or amendment; (2) define the boundaries of the are…

(a) Not later than 30 days after signing a department order to designate a geographic or hydrologic area as a critical water management area or revoke or amend a designation, the commissioner will announce the decision by posting the order on the Alaska Online Public Notice Syste…

An eligible person affected by a decision under 11 AAC 93.520 - 11 AAC 93.530 may appeal that decision as provided in 11 AAC 02. Notes 11 AAC 93.540 Eff. 11/7/90, Register 116; am 9/19/2001, Register 159 Authority:AS 46.15.010 AS 46.15.020 AS 46.15.185 AS 44.37.011 State regulati…

(a) All water right applicants, permit holders, and certificate holders shall promptly notify the commissioner of any change of ownership or mailing address. Failure by an applicant or permit holder to comply with this requirement is sufficient cause for discontinuance of the wat…

(a) repealed 8/20/2004. (b) The use of seawater or the emergency use of water for protection of life or property, is exempt from the provisions of this chapter unless the department determines that the use should be regulated in the public interest. Notes 11 AAC 93.920 Eff. 2/8/6…

(a) A person with a permit to appropriate or certificate of appropriation who intends to change the location of the point of water withdrawal, diversion, or impoundment, depth of taking, nature of use, point of retum flow, or place of use, or add points of withdrawal, diversion, …

(a) Except as provided in (f) of this section, if the commissioner has reason to believe that all or part of an appropriation has been abandoned or forfeited, the certificate holder will be notified that the commissioner intends to revoke the certificate for nonuse, to the extent…

The department will, at the certificate holder's expense, record certificates issued under this chapter in the appropriate recorder's office. Notes 11 AAC 93.950 Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116; am 8/20/2004, Register 171 Authority:AS…

The State of Alaska and the department, its agents, and employees are not liable for any claims arising out of activities conducted under a permit or certificate issued under this chapter, brought by the holder or owner of it or any third party. Neither this chapter nor any permi…

Unless the context indicates otherwise, in this chapter (1) "adjudication" means the administrative determination of the validity and amount of a water right and includes the settlement of conflicting claims among competing appropriators of record; (2) "certificate of appropriati…

(a) Application for a trapping cabin construction permit must be made on a form provided by the division and must include the following:(1) a declaration that each of up to three cabins is needed for the applicant's operation of an established trapline; (2) evidence that the appl…

No application will be accepted (1) for the construction of trapping cabins on state land which is scheduled or nominated for subdivision disposal by the department; (2) for the use of an existing cabin on general grant land which is not vacant, unappropriated, or unreserved; or …

Notes 11 AAC 94.030 Repealed 1/1/86. 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 compar…

No more than three cabins may be permitted to a qualified individual. Notes 11 AAC 94.210 Eff. 11/6/77, Register 64 Authority:AS 38.95.080 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and …

Each cabin must be used at least during alternating trapping seasons by the permittee. The permittee must possess a valid trapping license every year. Notes 11 AAC 94.220 Eff. 11/6/77, Register 64 Authority:AS 38.95.080 State regulations are updated quarterly; we currently have t…

The cabin may not be rented out for any purpose. Notes 11 AAC 94.230 Eff. 11/6/77, Register 64 Authority:AS 38.95.080 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly r…

A cabin permit is not transferable. All interests in the cabin and cabin site revert to the state when the permit is terminated for any reason. Notes 11 AAC 94.240 Eff. 11/6/77, Register 64 Authority:AS 38.95.080 State regulations are updated quarterly; we currently have two vers…

On each cabin site no other structure except a single cabin, worksheds, caches, and outbuildings may be erected. All structures must be within a 150-foot radius of the cabin. The floorspace of the cabin may not exceed 400 square feet and the combined size of all outstructures may…

Where and when practicable, all garbage and waste must be burned or incinerated and the inert residues and other noncombustibles buried and covered with at least one foot of compacted soil; and putrescible wastes, such as food wastes or animal carcasses, that are not incinerated …

A trapping cabin permit is valid for 10 years and will be renewed each 10 years if all conditions of the permit are met and the cabin or the use of the cabin does not conflict with other land uses planned by the division. A permit which is not renewed terminates. Notes 11 AAC 94.…

Any violation of a regulation in this chapter by the permittee will, in the director's discretion, be considered cause for cancellation of the trapping cabin permit and forfeiture of the cabin and structures, and the filing and permit fees. Notes 11 AAC 94.320 Eff. 11/6/77, Regis…

If a cabin and related structures are not removed by permit holder from a cabin site within 90 days after termination of a permit, the cabin and structures shall become the property of the division. Notes 11 AAC 94.330 Eff. 11/6/77, Register 64 Authority:AS 38.95.080 State regula…

In this chapter (1) "director" means the director of the division or his designee; (2) "division" means the division of lands of the Department of Natural Resources; (3) repealed 3/30/83. Notes 11 AAC 94.410 Eff. 11/6/77, Register 64; am 3/30/83, Register 85 Authority:AS 38.95.08…

Notes 11 AAC 95.010. - 11 AAC 95.180 6/10/93 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 t…

(a) This chapter implements and interprets AS 41.17 (Forest Resources and Practices). For land outside riparian areas, the purpose of this chapter is to provide protection of important public resources, maintain an economically viable timber industry, prevent or minimize signific…

(a) The provisions of this chapter apply to an operation on state land, other public land, or private forest land if all of the following criteria are met:(1) the operation is on forest land as defined in AS 41.17.950; (2) the operation involves any of the following activities:(A…

(a) Notwithstanding the provisions of 11 AAC 95.190, in order to minimize the spread of destructive forest insects and reduce the risk of wildfire, a landowner in Region II or III shall perform, unless notified by the division, one or more of the practices identified in (b) of th…

(a) The requirements of 11 AAC 95.260 - 11 AAC 95.390 do not apply if a landowner intends to convert forest land to another use within five years after timber harvest and the land is converted or in the process of conversion within five years. (b) If, five years after timber harv…

(a) If a forest landowner, timber owner, or operator provides a voluntary plan of operations under AS 41.17.090 describing long term plans for timber harvesting, the division will, within 10 days after receipt of the plan, distribute a copy of the voluntary plan of operations to …