11 AAC 84.895. Water rights

(a) Before drilling or constructing a geothermal well or group of wells to be operated in concert, the unit operator shall file an application with the commissioner for approval to drill. The application must contain sufficient information to enable the commissioner to determine whether the operation of any well will interfere with or impair a prior water right. The commissioner will approve construction and operation of any well upon the conditions he considers necessary to protect the public interest if

(1) the proposed geothermal operation will not significantly interfere with or substantially impair a prior water right;

(2) the geothermal owner has acquired through purchase or condemnation adequate water rights to offset the potential interference or impairment; or

(3) the geothermal owner has obtained and dedicated to all affected parties an equivalent amount of replacement water of comparable quality.

(b) The date of filing of the application with the commissioner for approval to drill a geothermal well establishes priority as to later appropriators of nongeothermal fluids.

(c) Geothermal fluids are not subject to appropriation under AS 46.15. No priority of geothermal resources may be established among geothermal owners in a geothermal system.

History: Eff. 5/8/83, Register 86

Authority: AS 38.05.020

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