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(a) A person must receive authorization under this section before temporary use of a significant amount of water under 11 AAC 93.035. The application for an authorization for temporary water use must be made on a form approved by the department and completed in accordance with the instructions furnished to the applicant.
(b) An application must include
(1) the application fee prescribed by 11 AAC 05.010;
(2) a map identifying the section, township, range, and meridian, and indicating the location, of the property, the point of withdrawal, diversion, or impoundment, and the point of use;
(3) the quantity of water to be used, with documentation and calculations justifying the request;
(4) the nature of the water use;
(5) the time period during which water is to be used; and
(6) the type and size of equipment used to withdraw the water.
(c) repealed 8/20/2004.
(d) The department may consider any pertinent information, in addition to that provided in the application, in deciding whether to authorize or deny temporary use of water. The reason for the decision will be furnished to a person who is denied a temporary water use authorization and to a person who has filed an objection.
(e) An authorization for temporary use of water will include
(1) the quantity of water to be used;
(2) the legal description of the point of water withdrawal or diversion;
(3) a project description;
(4) an expiration date;
(5) the daily duration and months of use; and
(6) the point or area of water use, if applicable.
(f) The department may issue an authorization for temporary use of water subject to conditions including suspension or termination, considered necessary to protect the water rights of other persons or the public interest.
(g) Denial of an application under this section does not preclude the applicant from applying for a permit under 11 AAC 93.040.
History: Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171
Authority: AS 46.15.020
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 93.220(a) , (d), (e), and (f).
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Last modified 7/05/2006