11 AAC 93.100. Exemptions to notice

An application to appropriate 5,000 gallons of water per day (gpd) or less is exempt from the notice provisions of 11 AAC 93.080 and AS 46.15.133 , except that the Department of Fish and Game will be notified of an application for a water right from an anadromous fish stream listed in the Alaska Department of Fish and Game Catalog of Water Important for Spawning, Rearing, or Migration of Anadromous Fishes or a stream identified as supporting fish in the ADF&G Habitat Regional Guides. However, in an area where the total amount of water available appears to the department to be limited with respect to the number of potential users of the same source, or upon the request of another state or federal agency or a municipality as defined by AS 29, or to protect the public interest, the commissioner will, in his or her discretion, require public notice as provided by 11 AAC 93.080.

History: Eff. 12/29/79, Register 72; am 11/7/90, Register 116

Authority: AS 46.15.020

AS 46.15.133

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