Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
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.
AS 46.16.010 Mining water use review committee established.
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The mining water use review committee is established. The review committee is responsible for reviewing and making recommendations on applications for grants under this chapter.
AS 46.16.020 Membership of the review committee.
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(a) The review committee consists of the commissioner of natural resources, the commissioner of environmental conservation, the dean of the school of mineral industry at the University of Alaska, two individuals appointed by the governor who have placer mining experience, and one…
AS 46.16.030 Responsibility of the review committee.
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(a) The review committee shall select a presiding officer and establish procedures necessary to implement its responsibilities. (b) The review committee shall review each application for a grant filed under this chapter and make a recommendation to the commissioner of natural res…
AS 46.16.040 Responsibility of commissioner of natural resources.
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The commissioner of natural resources shall administer the innovative gold recovery demonstration grant program established under AS 46.16.070.
AS 46.16.050 Responsibility of commissioner of environmental conservation.
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The commissioner of environmental conservation shall administer the innovative pollution control demonstration grant program established under AS 46.16.080.
AS 46.16.060 Uniform regulations.
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The commissioner of natural resources and the commissioner of environmental conservation shall adopt uniform regulations and administrative procedures to implement the grant programs established by this chapter.
AS 46.16.070 Innovative gold recovery demonstration grant program.
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(a) The innovative gold recovery demonstration grant program is established as a direct grant program to give a person engaged in placer mining the opportunity to study and test new methods of gold recovery and water use reduction. (b) The commissioner of natural resources may ma…
AS 46.16.080 Innovative pollution control demonstration grant program.
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(a) The innovative pollution control demonstration grant program is established as a direct grant program to give a person engaged in placer mining the opportunity to study and test innovative and economically viable mining techniques for waste disposal and pollution control in p…
AS 46.16.090 Access to information.
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(a) All information generated as a result of grants made under this chapter is public information. The commissioner of natural resources and the commissioner of environmental conservation shall compile, analyze, and distribute the information for the benefit of the placer mining …
AS 46.16.100 Patents.
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A person who applies for a grant under this chapter shall assign to the state the right to patent any patentable process developed as a result of a grant under this chapter. The department making the grant shall seek to patent any patentable process developed as a result of a gra…
AS 46.17.010 Purpose.
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It is the purpose of this chapter to provide for the regulation, supervision, and periodic inspection by the department of privately owned and state-owned dams, reservoirs, and appurtenant works in order to ensure that the design, construction, enlargement, alteration, repair, ma…
AS 46.17.020 Administration and staffing.
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The department shall supervise the safety of dams and reservoirs. The department shall employ a licensed and qualified engineer, experienced in the design and construction of dams and reservoirs, and other employees necessary for performing the duties under this chapter. Under AS…
AS 46.17.030 Regulations and orders.
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The department shall adopt regulations and issue orders necessary to carry out this chapter.
AS 46.17.040 Approval required.
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(a) Except in the performance of routine maintenance and operations not affecting structural safety, a person may not construct, enlarge, repair, alter, remove, maintain, operate, or abandon a dam or reservoir without the approval of the department. (b) The owner of a dam or rese…
AS 46.17.050 Inspections.
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At least once every five years the department shall inspect every dam and reservoir that is subject to this chapter. The department may require the owner of a dam or reservoir to perform the required inspection, according to the department's inspection standards, using a qualifie…
AS 46.17.060 Entry upon property.
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(a) If the department has given two weeks' written notice of intent to inspect a dam or reservoir and the owner refuses to allow the inspection, the department may seek a search warrant to allow the inspection. If the department has been refused inspection of drawings, operationa…
AS 46.17.070 Determining danger.
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In determining whether a dam or reservoir, or proposed dam or reservoir, constitutes or would constitute a danger to life or property, the department shall consider whether the structural integrity of the dam or reservoir might be endangered by overtopping, seepage, settlement, e…
AS 46.17.080 Injunction and damages.
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With the assistance of the attorney general, the department may seek an injunction and damages in the enforcement of this chapter, a department order issued under this chapter, or a regulation adopted under AS 46.17.030.
AS 46.17.090 Judicial review.
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A final action of the department under this chapter is subject to judicial review as provided in AS 44.62 (Administrative Procedure Act).
AS 46.17.100 Other government agencies.
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(a) The department may enter into cooperative agreements with municipalities and other state and federal agencies to carry out this chapter. (b) If the action would conflict with the powers and duties vested in the department, a municipality may not (1) regulate, supervise, inspe…
AS 46.17.110 Action against state for damages.
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(a) Except as provided in (b) of this section, a person may not bring an action against the state, the department, or agents or employees of the state, for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reserv…
AS 46.17.120 Duties of owner.
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This chapter does not relieve an owner of a dam or reservoir of the duties or liabilities incident to the ownership or operation of the dam or reservoir.
AS 46.17.150 Penalties.
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(a) A person is guilty of a class A misdemeanor if the person knowingly (1) violates a provision of this chapter, (2) violates the terms of an approval, order, regulation, or requirement of the department under this chapter; or (3) obstructs, hinders, or prevents the department's…
AS 46.17.900 Definitions.
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In this chapter, unless the context requires otherwise, (1) “alteration” means only an alteration that might directly affect the safety of the dam or reservoir, as determined by the department; (2) “appurtenant works” includes structures including spillways, either in a dam or se…
AS 46.30.010 Classification.
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The department shall classify all potable water systems and facilities actually used or intended for use by the public, and all wastewater systems and facilities that discharge into publicly owned wastewater systems, or to receiving bodies of water, or on land used by others. The…
AS 46.30.020 Water and Wastewater Works Advisory Board.
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There is created the Water and Wastewater Works Advisory Board composed of the commissioner of environmental conservation and eight additional members appointed by the governor. The Water and Wastewater Works Advisory Board shall advise and assist the department in the administra…
AS 46.30.030 Training.
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The department shall, with the assistance and advice of the Water and Wastewater Works Advisory Board, provide a water and wastewater works operator training program. The purpose of this program is to provide mechanisms for water and wastewater works operators to become certified…
AS 46.30.040 Certification of operators required.
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All potable water supply and wastewater systems and facilities, whether publicly or privately owned, which serve 100 or more service connections or are used or intended for use by 500 or more persons, must at all times be under the supervision of an operator whose competency is c…
AS 46.30.050 Examinations.
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Examinations shall be held at least annually at times and places set by the department. Separate examinations shall be given for each operator classification. Applicants who fail to pass an examination may repeat the examination at subsequent regularly scheduled examinations.
AS 46.30.060 Certification.
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The department shall issue certification entitling those persons who successfully complete the required examinations to supervise the operation of potable water supply and wastewater systems and facilities after considering the recommendations of the advisory board. The certifica…
AS 46.30.070 Certificates without examination.
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Certificates may be issued without an examination to persons employed as water or wastewater works operators on September 24, 1976, who request a waiver. The examination waiver shall be printed on the certificate. An operator certified under this section may request to have a cer…