Alaska Administrative Code
Title 11 - Natural Resources
Part 6 - Lands
Chapter 93 - Water Management
Article 5 - Preferred Use
11 AAC 93.260 - Issuance of a permit to appropriate for preferred use
Universal Citation: 11 AK Admin Code 93.260
Current through February 24, 2025
(a) If the commissioner grants an applicant preferred use status under 11 AAC 93.250, the commissioner will issue a permit to appropriate for preferred use when
(1) notice has been given under
11 AAC 93.080; and
(2) the applicant has submitted to the
commissioner either certified copies of any compensation agreements or any
court orders directing the payment of compensation.
(b) If there are no compensation agreements or orders and if limited water availability has resulted in the need for immediate action, the commissioner will:
(1)
order the applicant to post a bond or certificate of deposit, in the name of
the department and the applicant, in an amount the commissioner considers
necessary to compensate prior lawful appropriators of record for damages
sustained as the result of the reallocation; and
(2) order reallocation of available water
among all users by established priority.
(c) An order issued under (b) of this section continues in effect until an agreement on compensation is arrived at as provided in (a) of this section or until the limited water condition is over.
Authority:AS 46.15.020
AS 46.15.150
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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