11 AAC 93.210. Temporary water use

(a) Procedures to authorize the temporary use of water, as provided in 11 AAC 93.220, will apply if the use continues for less than five consecutive years and the water applied for is not otherwise appropriated.

(b) A water right or priority is not established by a temporary water use authorization issued under 11 AAC 93.220. Authorized temporary water use is subject to amendment, modification, or revocation by the department if the department determines that amendment, modification, or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest.

(c) Upon the commissioner's receipt of a written request from the permittee, an authorization for temporary use of water will, in the commissioner's discretion, be extended one time for good cause for a period of time not to exceed five years. The request for an extension of the authorization for temporary use of water must be accompanied by the fee prescribed by 11 AAC 05.010.

History: Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 9/16/92, Register 123; am 8/20/2004, Register 171

Authority: AS 46.15.020

AS 46.15.040

AS 46.15.133

AS 46.15.155

Editor's note: As of Register 160 (January 2002), the regulations attorney made technical revisions under AS 44.62.125 (b)(6), and as authorized in ch. 100, sec. 12, SLA 2001, to change "temporary water use permit" to "authorization for temporary use of water" in 11 AAC 93.210(b) and (c).

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