11 AAC 93.120 - Issuance of a permit to appropriate water

(a) The commissioner will issue a permit to appropriate water if he or she finds that the appropriation meets the requirements of AS 46.15.080.

(b) The permit will be issued for a period of time that the commissioner considers to be consistent with the public interest and adequate to finish construction and establish the full use of water. The following time periods are the maximum time periods for which a permit will be issued unless the applicant proves to the satisfaction of the commissioner, or unless the commissioner independently determines, that a longer time period is required to establish the full use of water:

(1) domestic water use: two years;

(2) commercial irrigation: five years;

(3) public water supply

(i) use of 250,000 gpd or less: five years;

(ii) use of over 250,000 gpd: 10 years;

(4) industrial and commercial water use: five years;

(5) mining water use: 10 years;

(6) small-scale hydroelectric facilities that generate 100 kilowatts or less: five years;

(7) large-scale hydroelectric facilities that generate over 100 kilowatts: 10 years.

(c) The permit time period begins on the date the department issues the permit.

(d) The permit will, in the commissioner's discretion, authorize development and beneficial water use during all or part of the year and vary the quantities of water use, depending on need and water availability during any given month or season of the year.

(e) The department may issue a permit subject to conditions considered necessary to protect the rights of prior appropriators of record and the public interest, including

(1) the condition that no certificate will be issued until evidence is presented to the department of the acquisition of adequate easements or other means necessary for completion of the appropriation, including the condition that the permittee obtain right of access to and use of the property where water is to be withdrawn, impounded, or diverted and over which water is to be transported;

(2) conditions that require the permittee to measure the water use in a manner to be approved by the department and periodically report water use information to the department

(A) for any use of more than 30,000 gpd of water, except that water use for placer mining purposes may be exempt from this condition;

(B) for any use of water for irrigation of more than 40 acres of land;

(C) for hydroelectric power generation greater than 50 kilowatts; and

(D) for any other situation in which the department considers it necessary in order to protect the water rights of prior appropriators or the public interest;

(3) conditions to maintain, or restrictions from withdrawing, a specific quantity, rate of flow or volume of water at a given point on a stream or body of water, or in a specified reach of stream, throughout the year or for specified times of the year, to achieve any of the following purposes:

(A) protection of fish or wildlife habitat;

(B) recreational purposes;

(C) navigation;

(D) sanitation or water quality;

(E) protection of prior appropriators;

(F) any other purpose the department determines is in the public interest and should be taken into account under AS 46.15;

(4) conditions to ensure that the proposed means of impoundment, withdrawal, diversion, or construction are adequate, including the specification of engineering and design standards, requirements for maintaining, enlarging, modifying, abandoning, or removing impoundment structures, approved location of points of withdrawal or diversion, or approved location of points of return flow;

(5) a condition that if a land or mineral location, claim, or lease to which the water right is appurtenant ceases to be in good standing, is abandoned, is found invalid, or is otherwise terminated, then the water right will be considered intentionally abandoned.

(f) Upon the department's receipt of a permittee's completed request for a permit extension showing diligent effort toward completing the appropriation, the department may extend the permit once for a period of time equal to or less than the time allowed under the original permit if the department determines that the permittee has demonstrated a diligent effort toward completing the appropriation. The request for a permit extension must be accompanied by the applicable fee prescribed in 11 AAC 05.260.

(g) A permit extension granted under (f) of this section will, in the commissioner's discretion, be subject to additional conditions that the commissioner considers necessary to protect prior appropriators and the public interest.

(h) Nothing in this section constitutes a waiver of the responsibility of the applicant to secure the appropriate additional state, federal, or local regulatory permits or licenses.

(i) A permit holder who files for an extension of a permit to appropriate water or files a request for certification by submitting a statement of beneficial use, before the expiration of the permit to appropriate water, may continue to use water as authorized by the permit until the department grants or denies the extension of the permit or grants or denies the request for certification.

Notes

11 AAC 93.120

Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018,Register 227, October 2018

Authority:AS 46.15.010

AS 46.15.020

AS 46.15.080

AS 46.15.100

AS 46.15.140