Section 46.15.080. Criteria for issuance of permit.

   (a) The commissioner shall issue a permit if the commissioner finds that
        (1) rights of a prior appropriator will not be unduly affected;
        (2) the proposed means of diversion or construction are adequate;
        (3) the proposed use of water is beneficial; and
        (4) the proposed appropriation is in the public interest.
   (b) In determining the public interest, the commissioner shall consider
        (1) the benefit to the applicant resulting from the proposed appropriation;
        (2) the effect of the economic activity resulting from the proposed appropriation;
        (3) the effect on fish and game resources and on public recreational opportunities;
        (4) the effect on public health;
        (5) the effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation;
        (6) harm to other persons resulting from the proposed appropriation;
        (7) the intent and ability of the applicant to complete the appropriation; and
        (8) the effect upon access to navigable or public water.

Authorities

46.15.035;46.15.037;46.15.040;46.15.155

Notes

Implemented As

11 AAC 93.035
11 AAC 93.070
11 AAC 93.120
11 AAC 93.142
11 AAC 93.145
11 AAC 93.146
11 AAC 93.280
11 AAC 93.970

References

11 AAC 93.070
11 AAC 93.120
11 AAC 93.145
11 AAC 93.520
11 AAC 93.970
AS 46.15.035 Appropriation or removal of water out of hydrologic units to other hydrologic units; water conservation fee; reservation of water for fish.
AS 46.15.037 Sale of water by the state.
AS 46.15.040 Right to appropriate.
AS 46.15.155 Authorization for temporary use of water.

History

(Sec. 1 ch 50 SLA 1966)