11 AAC 93.010. "Existing rights" defined

Existing rights (also called "grandfather rights") are those water use rights established on or before July 1, 1966, by one of the following means:

(1) a lawful common law or customary appropriation or use of water, such as, but not limited by example, the use of water by the holder of a mining claim including within the claim boundaries both banks of the stream from which the water was taken, or the use of water following the posting of a notice of appropriation at the point of diversion, construction of a means of diversion, and recording of a notice of appropriation;

(2) beneficial use of water at any time during the period from July 1, 1961 - July 1, 1966; or

(3) construction of a means for appropriating water for a beneficial use if construction was in progress on July 1, 1966.

History: Eff. 2/8/67, Register 23; am 12/29/79, Register 72

Authority: AS 46.15.020

AS 46.15.060

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