11 AAC 93.940 - Procedure on abandonment and forfeiture
(a) Except as
provided in (f) of this section, if the commissioner has reason to believe that
all or part of an appropriation has been abandoned or forfeited, the
certificate holder will be notified that the commissioner intends to revoke the
certificate for nonuse, to the extent of the nonuse. The revocation notice will
be sent by certified mail, return receipt requested, to the last known address
on record with the department.
(b)
If the certificate holder desires to retain the appropriation, the certificate
holder must file an objection within 30 days after receipt of the revocation
notice. The certificate holder has 60 days after the date the objection is
filed to submit proof that the appropriation has been neither abandoned nor
forfeited. The proof must be in writing, and may include statements or
affidavits, sworn testimony of witnesses, documents, and other relevant
evidence. The commissioner will, in his or her discretion, hold a hearing in
order to gather additional information, evidence, or testimony on the proposed
revocation.
(c) If the proof
substantiates that the appropriation has not been abandoned or forfeited, the
commissioner will rescind the revocation notice. The holder will be notified of
the decision by certified mail.
(d)
If the proof does not substantiate that the appropriation has been neither
abandoned nor forfeited, the commissioner will declare the appropriation
abandoned or forfeited and revoke the certificate in whole or in part depending
on the extent of nonuse. The commissioner will record the decision, and any
amended certificate, in the appropriate recording office. In addition, the
commissioner will, in his discretion, secure a court order for the removal of
the works of appropriation.
(e) If
necessary, the commissioner will, in his or her discretion, require a record of
use to be submitted on a specified regular basis.
(f) If a certificate holder voluntarily
relinquishes his or her water right by submitting a notice of relinquishment or
a signed, notarized letter stating that all or part of the water right is being
relinquished and stating the amount being relinquished, the notice requirement
under (a) does not apply and the water right will be considered abandoned. The
certificate will be revoked in whole or in part, and a copy of the revocation
decision will be sent to the certificate holder. Any amended certificate will
be recorded by the commissioner in the appropriate recorder's office.
Notes
Authority:AS 46.15.020
AS 46.15.140
AS 46.15.145
AS 46.15.160
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