11 Alaska Admin. Code § 93.130

Current through October 17, 2024

Section 11 AAC 93.130 - Issuance of a certificate of appropriation of water

(a) The commissioner will issue a certificate of appropriation to the permit holder for the quantity of water beneficially used, which might be equal to or less than that granted under the permit, if

(1) the permit holder submits a statement of beneficial use stating that the means necessary for the taking of water have been developed and the permit holder is beneficially using the quantity of water to be certificated; the fee required under 11 AAC 05.260 must accompany the statement of beneficial use; and

(2) the permit holder has substantially complied with all permit conditions.

(b) Before issuing a certificate of appropriation, the commissioner will, in his or her discretion, conduct field inspections or inspect books, records, meter records, gages, well logs, diversion, impoundment, withdrawal, or control structures, and other relevant information, to verify that the appropriation has been developed and water is being used in accordance with the terms and conditions of the permit.

(c) The commissioner will, in his or her discretion, issue a certificate subject to conditions considered necessary to protect the public interest. The conditions will, in the commissioner's discretion, include

(1) conditions to maintain a specific quantity of water at a given point on a stream or water body, or in a specified stretch of stream, throughout the year or for specified times of the year, to achieve any of the following purposes:

(A) protection of fish and wildlife habitat,

(B) protection of recreation,

(C) protection of navigation,

(D) protection of sanitation and water quality,

(E) protection of prior appropriators, or

(F) any other purpose the commissioner determines is in the public interest;

(2) a condition that requires the certificate holder to meter water use and report water use information to the division;

(3) conditions to ensure that the means for impounding, withdrawing, or diverting water are adequate, which might include requirements for maintaining, enlarging, modifying, abandoning, or removing impoundment structures.

11 AAC 93.130

Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 2/15/2006, Register 177; am 7/1/2018,Register 227, October 2018

Authority:AS 46.15.010

AS 46.15.020

AS 46.15.120

AS 46.15.256