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- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 15. Water Use Act
- Section 155. Authorization For Temporary Use of Water.
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Section 150. Preferred Use.
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Section 160. Transfer and Change of Appropriations.
AS 46.15.155. Authorization For Temporary Use of Water.
- (a) Notwithstanding any contrary provision of this chapter, the commissioner may authorize the temporary use of a
significant amount of water, as determined by the department by regulation, for a period of time not to exceed five
consecutive years, if the water applied for has not been appropriated in accordance with this chapter.
- (b) Notwithstanding any contrary provision of this chapter, an authorization for a temporary use of less than a
significant amount of water is not required under this section unless the commissioner has determined by regulation
that the use may have an adverse effect on other water uses and that an authorization must be obtained from the
department.
- (c) The issuance of an authorization for temporary use of water under this section does not establish a right to
appropriate water. The temporary use of water under an authorization remains subject to appropriation under this
chapter.
- (d) Notwithstanding any contrary provision of this chapter, the commissioner is not required to provide public notice
under AS 46.15.133 of a proposed authorization for
temporary use of water; however, the commissioner shall request comment on an application for temporary use of water
from the Department of Fish and Game and the Department of Environmental Conservation.
- (e) The provisions of AS 46.15.080
do not apply to the issuance under this section of an authorization for temporary use of water.
- (f) The commissioner may impose reasonable conditions or limitations on an authorization for temporary use of water to
protect the water rights of other persons or to protect fish and wildlife habitat, human health, or other public
interests.
- (g) Upon approval by the department, an authorization under this section may be transferred to another person under the
same conditions and limitations under which the authorization was issued.
- (h) A person to whom an authorization for temporary use of water was issued under this section may allow another person to
use the authorization, consistent with the conditions and limitations of the authorization.
- (i) The commissioner may modify, suspend, or revoke an authorization issued under this section if the commissioner
determines it necessary to protect the water rights of other persons or the public interest.
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