Alaska Administrative Code
Title 11 - Natural Resources
Part 1 - Office of the Commissioner
Chapter 05 - Fees for Department Services
11 AAC 05.260 - Water management and Dam Safety

Universal Citation: 11 AK Admin Code 11 AAC 05.260

Current through November 28, 2024

(a) When the department determines that a designated regulatory service under AS 46.15 will require additional costs, or staff time in excess of the maximum hours set out in (b)(2), (3), (4), (5), (10) or (13) of this section, but that a higher fee under 11 AAC 05.270 is not required; then, in addition to the fee established for each application or filing fee by in (b)(2), (3), (4), (5), (10) or (13)(b) of this section:

(1) the department may
(A) charge the additional hourly fee (b)(2), (3), (4), (5), (10) or (13) of this section for staff time in excess of the maximum hours set out in (b)(2), (3), (4), (5), (10) or (13) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge any additional fees necessary to pay for estimated actual costs under AS 37.10.050(a), including costs under 11 AAC 05.200 for recordation by the department, and including costs allowable under AS 37.10.052-37.10.058 for travel, publication, or professional services;

(2) at the request of the person to be billed for the designated regulatory service, the department will attempt to reach a negotiated service agreement under AS 37.10.052 with that person before charging any additional fees under (1) of this subsection,

(3) the department will provide the applicant or petitioner written estimates detailing any additional costs for the department to continue processing the application;

(4) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(b) The fees established for designated regulatory services under AS 46.15 are as follows:

Regulatory service to which an application or filing relates:

Fixed fee for permit or other filing:

Fixed fee for request for extension of either permit or authorization:

Fixed fee for transfer and change of appropriation under AS 46.15.155(g) and(i), 11 AAC 93.210(b), 11 AAC 93.930, or for request under 11 AAC 93.147(a)(4):

Hourly Fee for regulatory service if processing requires time in excess of specified maximum:

(1) appropriation of water under AS 46.15.040, for one single-family-residence or duplex, or for a water use associated with one single-family residence or duplex

$100

$50

$50

not applicable

(2) appropriation of water under AS 46,15.040, for support of exploration, construction, development, operation, production,

$1,500, for up to 60 hours of staff time

$450, for up to 18 hours of staff time

$900, for up to 36 hours of staff time

$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or

transportation, or maintenance activities related to oil and gas and associated substances, except for retail distribution

request

(3) appropriation

of water under AS

$1,500, for up to 60 hours of staff

$450, for up to 18 hours of staff

$900, for up to 36 hours of staff

$50 each hour, for each

46.15.040, for

support of

exploration,

construction,

development,

operation,

production,

transportation, or

maintenance

activities related to

time; fixed fee

not established

time

time

additional hour in excess of the maximum hours listed in this subparagraph for an application or request

locatable mining excepttor retail

distribution

(4) appropriation of water under AS 46.15.040, for hydroelectric power generation

$1,500, for up to 60 hours of staff time; fixed fee not established

$450, for up to

18 hours of staff time

$900, for up to

36 hours of staff time

$50 each hour, for each additional hour in excess of the

maximum hours

capacity greater than 100 kilowatts

listed in this subparagraph for an application or request

(5) appropriation of water under AS 46.15.040, for water removal out of a hydrological unit under AS 46.15.035 and AS 46.15.037

$1,500, for up to 60 hours of staff time; fixed fee not established

$450, for up to 18 hours of staff time

$900, for up to 36 hours of staff time

$50 each hour, tor each additional hour in excess of the maximum hours listed in this subparagraph for an application or request

(6) appropriation of water under AS 46.15.040, for 5,000 gallons a day or less, for a use not listed in(l) -(5) of this subsection

$250

$125

$190

not applicable

(7) appropriation of water under AS

$565

$250

$440

not applicable

46.15.040, for greater than 5,000 gallons a day and no more than 30,000 gallons a day, for a use not listed in (1)-(5) of this subsection

(8) appropriation of water under AS

$690

$250

$500

not applicable

46.15.040, for greater than 30,000 gallons each day and no more than 100,000 gallons each day for a use not listed in (1) -(5) of this subsection

(9) appropriation of water under AS 46.15.040, for greater than 100,000 gallons each day for a use not listed in (1) -(5) of this subsection

$1,125

$250

$625

not applicable

(10) reservation of water under AS 46.15.145

$1,500, for up to 60 hours of staff time; fixed fee not established

not applicable

$900, for up to 36 hours of staff time

$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request

(11) statement of beneficial use under 11 AAC 93.130, including recordation by the department under 11 AAC 06.040 of the certificate of appropriation

$50

not applicable

not applicable

not applicable

(12) preferred use status under AS 46.15.150, fee is in addition to other applicable fees in this subsection, and

$940

not applicable

not applicable

not applicable

(13) temporary water use under AS 46,15.155, including up to five water sources for all uses

$450 for up to 18 hours of staff time; fixed fee

not established

$350 for up to 14 hours of staff time

$350 for up to 14 hours of staff time

$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request.

(c) Fees for dam safety authorizations are as follows:

(1) certificate of approval under 11 AAC 93 .167 for a dam constructed before May 31, 1987, $150 for each foot of vertical height of the dam measured in accordance with 11 AAC 93.153;

(2) certificate of approval under 11 AAC 93.171 for dam construction, repair, modification, a fee, based on the cost estimate prepared under 11 AAC 93.171(f)(4)(D), and according to the following cumulative schedule, but in no case less than $1,500:
(A) for the first $100,000, a fee of two percent of that portion of the estimated cost;

(B) for the next $400,000, a fee of one percent of that portion of the estimated cost;

(C) for the next $500,000, a fee of one-half of one percent of that portion of the estimated cost;

(D) for all costs in excess of $1,000,000, a fee of one-quarter of one percent of that portion of the estimated cost;

(3) transfer of certificate of approval issued under 11AAC93.167, 11 AAC 93.171, or 11 AAC 93.173, $300;

(4) certificate of approval under 11 AAC 93 .172 for dam removal or abandonment, $50 for each foot of vertical height of the dam measured in accordance with 11 AAC 93.153 up to a maximum fee of $2,000;

(d) The fee for staff time research is $50 for each hour.

(e) The administrative service fee for each appropriation of water for which a permit, certificate, or an authorization for temporary use of water has been issued, is $50 each year. However, the following uses are exempt from the annual administrative service fee:

(1) a permit, certificate or authorization for temporary use of water authorizing the use of 500 gallons or less each day for all uses;

(2) a permit, certificate or authorization for temporary use of water authorizing domestic use of 1,500 gallons or less each day for one single-family residence or duplex;

(3) a reservation of water under AS 46.15.145.

(f) The fees for inspection for onsite monitoring of a permit to appropriate water, a certificate of appropriation, or a temporary water use authorization issued under AS 46.15, are not more than $500 each year for each permit, certificate, or authorization issued, unless otherwise specified as a condition of the permit, certificate or authorization.

(g) A water conservation fee for water appropriated or to be appropriated in accordance with AS 46.15.040 and removed from a hydrologic unit in accordance with AS 46.15.035 is as follows and applies to the total quantity of water appropriated or removed within a calendar year, by a person, as defined in AS 46.15.260, or a combination of related persons:

(1) $3 each acre-foot each year for any appropriation of a significant amount of water up to 5,000 acre-feet, or for any other significant amount of water, as described in 11 AAC 93.035, with a minimum fee of $50;

(2) $6 each acre-foot each year for more than 5,000 and up to 15,000 acre-feet;

(3) $8 each acre-foot each year for more than 15,000 and up to 25,000 acre-feet;

(4) $12 each acre-foot each year for more than 25,000 and up to 50,000 acre-feet;

(5) $15 each acre-foot each year for more than 50,000 and up to 100,000 acre- feet ;

(6) $18 each acre-foot each year for more than 100,000 and up to 150,000 acre- feet;

(7) $21 each acre-foot each year for more than 150,000 and up to 300,000 acre- feet;

(8) $24 each acre-foot each year for more than 300,000 and up to 500,000 acre- feet;

(9) $27 each acre-foot each year for more than 500,000 and up to 1,000,000 acre- feet; and

(10) $30 each acre-foot each year for more than 1,000,000 acre-feet;

(h) Water conservation fee for water purchased from the state and removed from a hydrologic unit in accordance with AS 46.15.037 is as follows and applies to the total quantity of water purchased within a calendar year, by a person, as defined in AS 46.15 .260, or a combination of related persons:

(1) $2 each acre-foot each year for any water up to 5,000 acre-feet with a minimum fee of $50;

(2) $4 each acre-foot each year for more than 5,000 and up to 15,000 acre-feet;

(3) $6 each acre-foot each year for more than 15,000 and up to 25,000 acre-feet;

(4) $8 each acre-foot each year for more than 25,000 and up to 50,000 acre-feet;

(5) $10 each acre-foot each year for more than 50,000 and up to 100,000 acre- feet;

(6) $12 each acre-foot each year for more than 100,000 and up to 150,000 acre- feet;

(7) $14 each acre-foot each year for more than 150,000 and up to 300,000 acre- feet;

(8) $16 each acre-foot each year for more than 300,000 and up to 500,000 acre- feet;

(9) $18 each acre-foot each year for more than 500,000 and up to 1,000,000 acre- feet; and

(10) $20 each acre-foot each year for more than 1,000,000 acre-feet.

As of Register 160 (January 2002), the regulations attorney made a technical revision under AS 44.62.125(b)(6), and as authorized in ch. 100, sec. 12, SLA 2001, to change "temporary water use permit" to "authorization for temporary use of water" in 11 AAC 05.260(c)(13) and (e).

AS 37.10.050

AS 37.10.052

AS 37.10.058

AS 38.05.020

AS 38.05.035

AS 46.15.020

AS 46.15.035

AS 46.15.037

AS 46.17.050

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