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- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 255. Surface Use of Land or Water.
previous: Section 252. Extralateral Rights Under Shore, Tide, and Submerged Land.
next: Section 260. Water Rights Where Claim Includes Both Banks of a Stream. [Repealed, Sec. 2 Ch 50 SLA 1966. For Current Law See AS 46.15].
AS 38.05.255. Surface Use of Land or Water.
- (a) Surface uses of land or water included within a mining property by the owners, lessees, or operators shall be limited
to those necessary for the prospecting for, extraction of, or basic processing of minerals and shall be subject to
reasonable concurrent uses. Leases for millsites, tailings disposal, and other mine related facilities may be issued by
the director. The leases shall be conditioned upon payment of a reasonable annual rent for the lease and restricted to
uses approved by the director. Timber from land open to mining without lease, except timberland, may be used by a
mining claimant or prospecting site locator for the mining or development of the location or adjacent claims under
common ownership. On other land, timber may be acquired as provided in this chapter. Use of water shall be made in
accordance with AS 46.15.
- (b) A lease issued under this section is exempt from the provisions of AS 38.05.075
- 38.05.080.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005