- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 15. Water Use Act
- Section 35. Appropriation or Removal of Water Out of Hydrologic Units to Other Hydrologic Units; Water Conservation Fee; Reservation of Water For Fish.
previous: Section 30
. Water Reserved to the People.
next: Section 37
. Sale of Water By the State.
AS 46.15.035. Appropriation or Removal of Water Out of Hydrologic Units to Other Hydrologic Units; Water Conservation Fee; Reservation of Water For Fish.
- (a) Water may not be removed from the hydrologic unit from which it was appropriated to another hydrologic unit, inside or
outside the state, without being returned to the hydrologic unit from which it was appropriated nor may water be
appropriated for removal from the hydrologic unit from which the appropriation is sought to another hydrologic unit,
inside or outside the state, without the water being returned to the hydrologic unit from which it is to be
appropriated, unless the commissioner
- (1) finds that the water to be removed or appropriated for removal is surplus to needs within the hydrologic unit from
which the water is to be removed or appropriated for removal, including fishing, mining, timber, oil and gas,
agriculture, domestic water supply, and other needs as determined by the commissioner;
- (2) finds that the application for removal or appropriation for removal meets the requirements of AS 46.15.080
- (3) assesses a water conservation fee under (b) of this section.
- (b) The commissioner shall establish, by regulation, a water conservation fee for a use of water in which the water is
removed from the hydrologic unit from which it was appropriated to another hydrologic unit inside or outside the state,
without the water being returned to the hydrologic unit from which it was appropriated. The fee established under this
subsection shall be graduated to encourage the conservation of water.
- (c) Except as provided in AS 46.15.090
, and in addition to the requirements of (a) of this section, the commissioner may approve an application for removal
or permit an appropriation for removal under (a) of this section of water from a lake, river, or stream that is used by
fish for spawning, incubation, rearing, or migration, or ground water that significantly influences the volume of water
in a lake, river, or stream that is used by fish for spawning, incubation, rearing, or migration, only if the
commissioner reserves a volume of water in the lake or an instream flow in the river or stream for the use of fish and
to maintain habitat for fish. The commissioner may adjust the volume of water reserved under this subsection if the
commissioner, after public notice and opportunity to comment and with the concurrence of the commissioner of fish and
game, finds that the best interests of the state are served by the adjustment. A reservation under this subsection
- (1) of a volume of water or an instream flow for the use of fish and to maintain habitat for fish that is reserved under
this section is withdrawn from appropriation;
- (2) for fish from a lake, river, or stream, identified under AS 16.05.870 or identified in a Department of Fish and Game
regional guide as being used by fish for spawning, incubation, rearing, or migration on or before July 1, 1992, has a
priority date as of July 1, 1992;
- (3) of water does not apply to an application for removal or appropriation for removal under AS 46.15.040
for nonconsumptive uses of water or for single family domestic use;
- (4) is not subject to AS 46.15.145
- (5) of water does not apply to appropriations of ground water of 5,000 gallons or less a day unless the commissioner, in
consultation with the Department of Fish and Game, determines that the appropriation may adversely affect fish habitat
in a lake, river, or stream; the commissioner shall consider multiple appropriations of water for a single related use
as a single appropriation for the purposes of this subsection.
- (d) With respect to rivers and streams described in (c) of this section, the instream flow reservation shall be limited to
the portion of the stream, including tributaries to the stream, at and downstream of the point of diversion or
withdrawal. With respect to lakes described in (c) of this section, the reservation shall be limited to the lake from
which the diversion or withdrawal is made, and the outlet and tributaries to the outlet flowing downstream.
- (e) In this section,
- (1) "fish" means a species of anadromous or freshwater fish that may be taken under regulations of the Board of Fisheries;
- (2) "hydrologic unit" means a hydrologic subregion established by the United States Department of the Interior, Geological
Survey, on the "Hydrologic Unit Map-1987, State of Alaska"; "hydrologic unit" includes the water of an ocean that is
adjacent to a hydrologic subregion of the state.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. 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
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.