Alaska Administrative Code
Title 11 - Natural Resources
Part 6 - Lands
Chapter 93 - Water Management
Article 2 - Appropriation and Use of Water
Section 11 AAC 93.120 - Issuance of a permit to appropriate water
Current through December 14, 2023
(a) The commissioner will issue a permit to appropriate water if he or she finds that the appropriation meets the requirements of AS 46.15.080.
(b) The permit will be issued for a period of time that the commissioner considers to be consistent with the public interest and adequate to finish construction and establish the full use of water. The following time periods are the maximum time periods for which a permit will be issued unless the applicant proves to the satisfaction of the commissioner, or unless the commissioner independently determines, that a longer time period is required to establish the full use of water:
(c) The permit time period begins on the date the department issues the permit.
(d) The permit will, in the commissioner's discretion, authorize development and beneficial water use during all or part of the year and vary the quantities of water use, depending on need and water availability during any given month or season of the year.
(e) The department may issue a permit subject to conditions considered necessary to protect the rights of prior appropriators of record and the public interest, including
(f) Upon the department's receipt of a permittee's completed request for a permit extension showing diligent effort toward completing the appropriation, the department may extend the permit once for a period of time equal to or less than the time allowed under the original permit if the department determines that the permittee has demonstrated a diligent effort toward completing the appropriation. The request for a permit extension must be accompanied by the applicable fee prescribed in 11 AAC 05.260.
(g) A permit extension granted under (f) of this section will, in the commissioner's discretion, be subject to additional conditions that the commissioner considers necessary to protect prior appropriators and the public interest.
(h) Nothing in this section constitutes a waiver of the responsibility of the applicant to secure the appropriate additional state, federal, or local regulatory permits or licenses.
(i) A permit holder who files for an extension of a permit to appropriate water or files a request for certification by submitting a statement of beneficial use, before the expiration of the permit to appropriate water, may continue to use water as authorized by the permit until the department grants or denies the extension of the permit or grants or denies the request for certification.
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018,Register 227, October 2018