11 AAC 93.146. Issuance of a certificate of reservation of water

(a) The commissioner will issue a certificate of reservation of water if the commissioner finds that the reservation meets the requirements of AS 46.15.145 .

(b) The certificate of reservation will be issued to the applicant. The applicant is responsible for compliance with the conditions of the certificate of reservation.

(1) the certificate of reservation may not be voluntarily abandoned, conveyed, transferred, assigned, or converted to another use, in whole or in part, unless required as a result of review under 11 AAC 93.147; and

(2) the certificate of reservation does not authorize the certificate holder or any other person to prevent access to, on, or through the water reserved by the certificate, or to prohibit the use of the reserved water for other compatible purposes set out in AS 46.15.145 (a).

(d) The certificate of reservation will state any additional terms or conditions the commissioner considers necessary to protect the prior valid rights of other appropriators and the public interest. The conditions will, in the commissioner's discretion, include the following:

(1) measuring devices of a type and at a location approved by the commissioner must be installed and maintained to monitor and report on the reserved instream flow or level of water; and

(2) the reservation will be reviewed by the commissioner within a specified period of time, if sooner than the 10-year review under 11 AAC 93.147.

(e) The priority of a reservation of water is the date the application was accepted by the department for filing.

(f) Nothing in this section constitutes a waiver of the responsibility of the applicant to secure any appropriate state, federal, or local regulatory permits or licenses with regard to the stream or water body affected.

History: Eff. 9/11/83, Register 87; am 11/7/90, Register 116

Authority: AS 46.15.010

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