Section 38.05.127. Access to navigable or public water.

   (a) Before the sale, lease, grant, or other disposal of any interest in state land adjacent to a body of water or waterway, the commissioner shall,
        (1) determine if the body of water or waterway is navigable water, public water, or neither;
        (2) upon finding that the body of water or waterway is navigable or public water, provide for the specific easements or rights-of-way necessary to ensure free access to and along the body of water, unless the commissioner finds that regulating or limiting access is necessary for other beneficial uses or public purposes.
   (b) The department shall adopt regulations implementing this section.
   (c) Nothing in this section affects valid existing rights or limits in any way the constitutional right of the public to use and have free access to the navigable or public waters of the state.
   (d) Upon application by a municipality or an affected owner of land, the department may vacate, release, modify, or relocate an easement and right-of-way for public access to or along navigable or public waters reserved by the department in a patent issued under AS 29.65 or former AS 29.18, if the commissioner determines the action is consistent with the public interest.
   (e) The establishment of easements or rights-of-way for oil and gas, gas only, and mineral leases under (a) of this section need not be made until the leases are ready to be developed.
   (f) Rights-of-way or easements to waterways established under (a)(2) of this section shall be established approximately once each mile unless the commissioner makes a written finding that regulating or limiting access is necessary for other beneficial uses or public purposes.
   (g) The commissioner may exchange land under AS 38.50 to create access to public water of the state.

Authorities

14.40.365;38.05.825

Notes

Implemented As

11 AAC 51.010
11 AAC 51.015
11 AAC 51.035
11 AAC 51.045
11 AAC 51.065
11 AAC 51.075
11 AAC 51.990
11 AAC 53.170
11 AAC 53.450
11 AAC 63.050
11 AAC 67.845

References

11 AAC 51.015
11 AAC 51.035
11 AAC 51.065
AS 14.40.365 University land grant.
AS 38.05.825 Conveyance of tide and submerged land to municipalities.

History

(Sec. 2 ch 117 SLA 1976; am Sec. 32 ch 113 SLA 1981; am Sec. 37, 38 ch 152 SLA 1984; am Sec. 57 ch 74 SLA 1985; am Sec. 3 ch 82 SLA 1985; am Sec. 2 ch 53 SLA 1988; am Sec. 13 ch 49 SLA 2004)