Section 38.05.255. Surface use of land or water.

   (a) Surface uses of land or water included within a mining property by the owners, lessees, or operators shall be limited to those necessary for the prospecting for, extraction of, or basic processing of minerals and shall be subject to reasonable concurrent uses. Leases for millsites, tailings disposal, and other mine related facilities may be issued by the director. The leases shall be conditioned upon payment of a reasonable annual rent for the lease and restricted to uses approved by the director. Timber from land open to mining without lease, except timberland, may be used by a mining claimant or prospecting site locator for the mining or development of the location or adjacent claims under common ownership. On other land, timber may be acquired as provided in this chapter. Use of water shall be made in accordance with AS 46.15.
   (b) A lease issued under this section is exempt from the provisions of AS 38.05.075 - 38.05.080.

Authorities

38.05.035

Notes

Implemented As

11 AAC 05.010
11 AAC 58.410
11 AAC 86.145
11 AAC 86.600

References

11 AAC 58.410
11 AAC 86.145
AS 38.05.035 Powers and duties of the director.

History

(Sec. 8 art IX ch 169 SLA 1959; am Sec. 1 ch 123 SLA 1961; am Sec. 102 ch 6 SLA 1984; am Sec. 14, 15 ch 56 SLA 1997)