11 AAC 93.290. Commissioner's orders

(a) In order to protect the public interest the commissioner may issue any of the following orders:

(1) an order prescribing construction and other engineering modifications of impoundment, withdrawal, or diversion structures but not waiving the responsibility of the applicant to apply for and receive appropriate state or federal regulatory permits or licenses;

(2) a stop order to a person who, by means including free-flowing wells or drainage into lower strata underground, wastes water without putting it to a beneficial use;

(3) a stop order to a person substantially interfering with the appropriation of water to which a right was granted under the provisions of this chapter;

(4) a stop order to a person appropriating, diverting, or impounding water without a permit or authorization, including uses that are not a significant amount of water under 11 AAC 93.035;

(5) an order requiring the submittal of books, records, meters, gauges, well logs, and other hydrologic information relevant to an adjudication or action; or

(6) an order to remove or abate unpermitted diversion or impoundment works.

(b) If the commissioner considers it necessary to prevent or rectify a violation of this chapter, the commissioner will, in his or her discretion,

(1) give notice and hold a hearing in order to gather additional information, evidence, or testimony; or

(2) obtain a search warrant or court order authorizing the commissioner to enter onto the property, seize, or remove structures or works of appropriation, or directing the violator to take other action required to protect against damage to persons and property.

History: Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116; am 8/20/2004, Register 171

Authority: AS 46.15.010

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