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. 46.15.167. 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. 46.15.080. 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 means of diversion or construction are adequate; (3) the proposed use of water is beneficial; and (4) the proposed appropriation is in the public interest. (b) In determining the […]
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 preference first to public water supply and then to the use that alone or in combination with other foreseeable uses will constitute the most beneficial use.
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 beneficially used for the purposes stated in the application. The commissioner may require modification of plans and specifications for the appropriation. The commissioner may issue a permit subject to terms, conditions, […]