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. 46.15.168. 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. 46.15.169. 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 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 […]
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 wilfully violated a term, condition, restriction, or limitation of the permit, the commissioner may commence proceedings to terminate the appropriation permit under AS 44.62.330 – 44.62.630 (Administrative Procedure Act). (b) When […]
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 without a permit, certificate of appropriation, or authorization issued under this chapter; (2) violate an order of the commissioner to cease and desist from preventing any water from moving to […]
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).
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 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 will be prevented or substantially interfered […]
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 and to reservation of instream flows and levels of water, as provided in this chapter.
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 the department by regulation, for a period of time not to exceed five consecutive years, if the water applied for has not been appropriated in accordance with this chapter. (b) Notwithstanding […]