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. 46.15.270. Short title.
This chapter may be cited as the Alaska Water Use Act.
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. 46.16.010. Mining water use review committee established.
The mining water use review committee is established. The review committee is responsible for reviewing and making recommendations on applications for grants under this chapter.
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. 46.16.020. Membership of the review committee.
(a) The review committee consists of the commissioner of natural resources, the commissioner of environmental conservation, the dean of the school of mineral industry at the University of Alaska, two individuals appointed by the governor who have placer mining experience, and one public member appointed by the governor. (b) An individual described in (a) of […]