US Lawyer Database

Sec. 46.15.240. Compensation of board members.

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.

Sec. 46.15.250. Enforcement authority.

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.

Sec. 46.15.255. Enforcement and costs.

(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 (3) seek enforcement of the order by filing an action in the superior […]

Sec. 46.15.256. Data collection authority.

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 reasonable times after obtaining a search warrant from a judicial officer if the owner refuses […]

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 to the adjudication and on each person who subsequently makes an application for a water right. The court or the commissioner may retain jurisdiction for a period of time necessary to […]

Sec. 46.15.260. Definitions.

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 withdrawal of a quantity of water from a source of water for […]

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, or priority of water rights. (b) The commissioner may accept a remand from a state or federal court of a water rights dispute and may administratively adjudicate the dispute under AS […]

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 good faith paid a valuable consideration for the appropriation or any portion of it and whose instrument is first filed and recorded under AS 46.15.160(b). (b) A deed, lease, contract, assignment […]