Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.15.010 Determination of water rights.
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The Department of Natural Resources shall determine and adjudicate rights in the water of the state, and in its appropriation and distribution.
AS 46.15.020 Authority and duties of the commissioner.
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Article 2. Appropriation and Use of Water. (a) The commissioner shall exercise all those powers and do all those acts necessary to carry out the provisions and objectives of this chapter. The commissioner may (1) subject to AS 36.30 (State Procurement Code), enter into contractua…
AS 46.15.030 Water reserved to the people.
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Wherever occurring in a natural state, the water is reserved to the people for common use and is subject to appropriation and beneficial use and to reservation of instream flows and levels of water, as provided in this chapter.
AS 46.15.035 Appropriation or removal of water out of hydrologic units to other hydrologic units; water conservation fee; reservation of water for fish.
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(a) Water may not be removed from the hydrologic unit from which it was appropriated to another hydrologic unit, inside or outside the state, without being returned to the hydrologic unit from which it was appropriated nor may water be appropriated for removal from the hydrologic…
AS 46.15.037 Sale of water by the state.
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(a) The commissioner may provide for the sale of water by the state if (1) the water has first been appropriated to the state in accordance with the requirements of this chapter; and (2) the commissioner determines that (A) the water is surplus to needs within the hydrologic unit…
AS 46.15.040 Right to appropriate.
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(a) A right to appropriate water can be acquired only as provided in this chapter. A right to the use of water either appropriated or unappropriated may not be acquired by adverse use or possession. (b) A right to appropriate water shall be obtained by first making application to…
AS 46.15.050 Priority.
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(a) Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence, such as the increase or decrease of stream flow, or the lowering of a water table, artesian pressure, or water level, by …
AS 46.15.060 Existing rights.
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A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five years before July 1, 1966, or made in conjunction with works under construction on July 1, 1966, under a lawful common law or customary appropriation or use, is a l…
AS 46.15.065 Determination of existing rights.
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(a) A claimant of an existing right under AS 46.15.060 shall file a declaration of appropriation with the commissioner as set out in this section. The declaration shall be considered correct until a certificate of appropriation is issued or denied. Priority of the right dates fro…
AS 46.15.070 [Renumbered as AS 46.15.133.]
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[Repealed or reserved.]
AS 46.15.080 Criteria for issuance of permit.
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(a) The commissioner shall issue a permit if the commissioner finds that (1) rights of a prior appropriator will not be unduly affected; (2) the proposed means of diversion or construction are adequate; (3) the proposed use of water is beneficial; and (4) the proposed appropriati…
AS 46.15.090 Preference in granting permits.
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When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, the commissioner shall give preference first to public water supply and then to the use that alone or in combination with other foreseeable uses will con…
AS 46.15.100 Terms of permit.
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The commissioner may issue a permit for less than the amount of water requested, but in no case for more water than can be beneficially used for the purposes stated in the application. The commissioner may require modification of plans and specifications for the appropriation. Th…
AS 46.15.110 Time for construction and completion.
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A permit may place a time limit for beginning construction and perfecting appropriation. Reasonable extensions of time shall be permitted for good cause shown.
AS 46.15.120 Certificates.
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Upon completion of construction of the works and commencement of use of water, the permit holder shall notify the commissioner that the appropriator has perfected the appropriation. If the commissioner determines that the appropriation has been perfected in substantial accordance…
AS 46.15.130 [Renumbered as AS 46.15.050.]
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[Repealed or reserved.]
AS 46.15.133 Notices; objections.
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(a) If the commissioner proposes a sale of water or receives an application for appropriation or removal, the commissioner shall prepare a notice containing the location and extent of the proposed sale, appropriation, or removal, the name and address of the applicant, if applicab…
AS 46.15.135 [Renumbered as AS 46.15.065.]
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[Repealed or reserved.]
AS 46.15.140 Abandonment, forfeiture, and reversion of appropriations.
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(a) The commissioner may declare an appropriation to be wholly or partially abandoned and revoke or amend the certificate of appropriation as to the unused quantity of water if an appropriator, with intention to abandon, does not make beneficial use of all or a part of the approp…
AS 46.15.145 Reservation of water.
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(a) The state, an agency or a political subdivision of the state, an agency of the United States, or a person may apply to the commissioner to reserve sufficient water to maintain a specified instream flow or level of water at a specified point on a stream or body of water, or in…
AS 46.15.147 [Renumbered as AS 46.15.175.]
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[Repealed or reserved.]
AS 46.15.150 Preferred use.
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(a) An applicant who asserts and proves a preferred use shall be granted a permit and shall be granted preference over other appropriators. A preferred use of water is for a public water supply. (b) To be entitled to a preference an applicant must show that the applicant's use wi…
AS 46.15.155 Authorization for temporary use of water.
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(a) Notwithstanding any contrary provision of this chapter, the commissioner may authorize the temporary use of a significant amount of water, as determined by the department by regulation, for a period of time not to exceed five consecutive years, if the water applied for has no…
AS 46.15.160 Transfer and change of appropriations.
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(a) The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or is to be beneficially used, provided, that water supplied by one person to another person's property is not appurtenant to the property unless the parties so…
AS 46.15.165 Administrative adjudications.
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(a) The commissioner may, by order, initiate an administrative adjudication to quantify and determine the priority of all water rights and claims in a drainage basin, river system, ground water aquifer system, or other identifiable and distinct hydrologic regime, including any hy…
AS 46.15.166 Judicial adjudications.
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(a) Instead of initiating an adjudication under AS 46.15.165, the commissioner may, with the concurrence of the attorney general, if a federal reserved water right has been or might be asserted by an agency of the United States on its own behalf or on behalf of a person described…
AS 46.15.167 Effect of decision.
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The final order of the commissioner under AS 46.15.165 and the final judgment of a court under AS 46.15.166 are binding on each party to the adjudication and on each person who subsequently makes an application for a water right. The court or the commissioner may retain jurisdict…
AS 46.15.168 Other actions.
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(a) The state may timely intervene as a party in a superior court action potentially involving a determination of the validity, quantity, use, reservation, or priority of water rights. (b) The commissioner may accept a remand from a state or federal court of a water rights disput…
AS 46.15.169 Federal reserved water rights.
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This chapter does not represent a commitment by the state to a specific federal reserved water right.
AS 46.15.170 Effect of recording.
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(a) A deed, lease, contract, assignment of permit, or other instrument transferring an appropriation is void as against a subsequent innocent purchaser who in good faith paid a valuable consideration for the appropriation or any portion of it and whose instrument is first filed a…
AS 46.15.175 Termination of permit for violation.
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(a) If the commissioner has reason to believe that a person who holds an appropriation permit under this chapter is wilfully violating or has wilfully violated a term, condition, restriction, or limitation of the permit, the commissioner may commence proceedings to terminate the …
AS 46.15.180 Crimes.
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(a) A person may not (1) construct works for an appropriation, or divert, impound, withdraw, or use a significant amount of water from any source without a permit, certificate of appropriation, or authorization issued under this chapter; (2) violate an order of the commissioner t…
AS 46.15.185 Appeals.
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Article 3. Water Resources Board. Appeals to the superior court under this chapter are subject to AS 44.62.560 — 44.62.570 (Administrative Procedure Act).
AS 46.15.190 The Water Resources Board.
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There is created the Water Resources Board composed of seven members having a general knowledge of the use and requirements for use of the water of the state and the conservation and protection of it. The commissioner of environmental conservation or a designee shall serve as an …
AS 46.15.200 Term of office.
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The term of office for members of the board is four years. If a vacancy occurs, the governor shall fill it by appointment for the unexpired term, subject to AS 39.05.080(4). The appointment shall be submitted to the legislature for confirmation at the next regular session.
AS 46.15.210 Duties of the board.
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The board shall inform and advise the governor on all matters relating to the use and appropriation of water in the state, including, but not limited to, (1) the effect and adequacy of state laws and regulations governing the establishment of water rights; (2) the multi-purpose u…
AS 46.15.220 Board meetings.
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The board shall hold one regular meeting annually at the state capital and one or more additional meetings at the time and place in the state the board selects for the transaction of business.
AS 46.15.230 Public meetings.
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The board may hold and conduct public meetings at any time or any place in the state in order to obtain public opinion on a water use problem or proposal and it may, by majority vote of all members, formally or informally delivered, authorize one or more of its members to hold an…
AS 46.15.240 Compensation of board members.
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Article 4. General Provisions. Each member of the board is entitled to travel expenses and per diem as authorized for state boards by AS 39.20.180 while traveling to or from, or in attendance at, regular or special meetings or conferences authorized by the board.
AS 46.15.250 Enforcement authority.
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The following persons are peace officers of the state and they shall enforce this chapter: (1) a state employee authorized by the commissioner; (2) a police officer of the state.
AS 46.15.255 Enforcement and costs.
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(a) In addition to a penalty imposed under AS 46.15.180 for violation of an order issued under this chapter, the commissioner may (1) remove or abate unpermitted works of appropriation, diversion, impoundment, or withdrawal; (2) install corrective controls or control works; and (…
AS 46.15.256 Data collection authority.
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To carry out the provisions of this chapter, the commissioner may (1) inspect books, records, meters, gauges, well logs, works of appropriation, diversion, impoundment, withdrawal, or control and other relevant information or physical condition; (2) enter private property at all …
AS 46.15.260 Definitions.
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In this chapter, unless the context otherwise requires, (1) “appropriate” means to divert, impound, or withdraw a quantity of water from a source of water, for a beneficial use or to reserve water under AS 46.15.145; (2) “appropriation” means the diversion, impounding, or withdra…
AS 46.15.270 Short title.
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This chapter may be cited as the Alaska Water Use Act.