Alaska Statutes Title 46, Chapter 46.15, Article 02 - Appropriation and Use of Water

• Sec. 46.15.030 Water Reserved to the People.
  Wherever occurring in a natural state, the water is reserved to the people for common use and is subject to appropriation and beneficial use...
• Sec. 46.15.035 Appropriation or Removal of Water Out of Hydrologic Units to Other Hydrologic Units; Water Conservation Fee; Reservation of Water for Fish.
  (a) Water may not be removed from the hydrologic unit from which it was appropriated to another hydrologic unit, inside or outside the state,...
• Sec. 46.15.037 Sale of Water by the State.
  (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...
• Sec. 46.15.040 Right to Appropriate.
  (a) A right to appropriate water can be acquired only as provided in this chapter. A right to the use of water either appropriated...
• Sec. 46.15.050 Priority.
  (a) Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence,...
• Sec. 46.15.060 Existing Rights.
  A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five...
• Sec. 46.15.065 Determination of Existing Rights.
  (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...
• Sec. 46.15.070 [Renumbered As As 46.15.133 ].
  
  Repealed or Renumbered
• Sec. 46.15.080 Criteria for Issuance of Permit.
  (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...
• Sec. 46.15.090 Preference in Granting Permits.
  When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, the commissioner shall give...
• Sec. 46.15.100 Terms of Permit.
  The commissioner may issue a permit for less than the amount of water requested, but in no case for more water than can be...
• Sec. 46.15.110 Time for Construction and Completion.
  A permit may place a time limit for beginning construction and perfecting appropriation. Reasonable extensions of time shall be permitted for good cause shown.
• Sec. 46.15.120 Certificates.
  Upon completion of construction of the works and commencement of use of water, the permit holder shall notify the commissioner that the appropriator has...
• Sec. 46.15.130 [Renumbered As As 46.15.050 ].
  
  Repealed or Renumbered
• Sec. 46.15.133 Notices; Objections.
  (a) If the commissioner proposes a sale of water or receives an application for appropriation or removal, the commissioner shall prepare a notice containing...
• Sec. 46.15.135 [Renumbered As As 46.15.065 ].
  
  Repealed or Renumbered
• Sec. 46.15.140 Abandonment, Forfeiture, and Reversion of Appropriations.
  (a) The commissioner may declare an appropriation to be wholly or partially abandoned and revoke or amend the certificate of appropriation as to the...
• Sec. 46.15.145 Reservation of Water.
  (a) The state, an agency or a political subdivision of the state, an agency of the United States, or a person may apply to...
• Sec. 46.15.147 [Renumbered As As 46.15.175 ].
  
  Repealed or Renumbered
• Sec. 46.15.150 Preferred Use.
  (a) An applicant who asserts and proves a preferred use shall be granted a permit and shall be granted preference over other appropriators. A...
• Sec. 46.15.155 Authorization for Temporary Use of Water.
  (a) Notwithstanding any contrary provision of this chapter, the commissioner may authorize the temporary use of a significant amount of water, as determined by...
• Sec. 46.15.160 Transfer and Change of Appropriations.
  (a) The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or...
• Sec. 46.15.165 Administrative Adjudications.
  (a) The commissioner may, by order, initiate an administrative adjudication to quantify and determine the priority of all water rights and claims in a...
• Sec. 46.15.166 Judicial Adjudications.
  (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...
• Sec. 46.15.167 Effect of Decision.
  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...
• Sec. 46.15.168 Other Actions.
  (a) The state may timely intervene as a party in a superior court action potentially involving a determination of the validity, quantity, use, reservation,...
• Sec. 46.15.169 Federal Reserved Water Rights.
  This chapter does not represent a commitment by the state to a specific federal reserved water right.
• Sec. 46.15.170 Effect of Recording.
  (a) A deed, lease, contract, assignment of permit, or other instrument transferring an appropriation is void as against a subsequent innocent purchaser who in...
• Sec. 46.15.175 Termination of Permit for Violation.
  (a) If the commissioner has reason to believe that a person who holds an appropriation permit under this chapter is wilfully violating or has...
• Sec. 46.15.180 Crimes.
  (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...
• Sec. 46.15.185 Appeals.
  Appeals to the superior court under this chapter are subject to AS 44.62.560 - 44.62.570 (Administrative Procedure Act).

Last modified: November 15, 2016