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. 46.15.035. 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, without being returned to the hydrologic unit from which it was appropriated nor may water be appropriated for removal from the hydrologic unit from which the appropriation is sought to another […]
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 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 intend. An appurtenant water right […]
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 accordance with the requirements of this chapter; and (2) the commissioner determines that (A) the water is surplus to needs within the hydrologic unit from which it was appropriated, including […]