11 AAC 93.500. Initiating designation proceedings

The commissioner will, in his or her discretion, initiate proceedings to designate a particular geographic or hydrologic area, including surface and ground water, as a critical water management area if

(1) the commissioner determines that there is or might be an imminent water shortage in the area, for all or part of the year, affecting a substantial number of permittees or certificate holders of record so that their ability to reasonably acquire water has been or will be affected by existing or potential overappropriation, drought, saltwater intrusion, or a chemical or toxic contamination rendering the water source unusable;

(2) an agency or political subdivision of the state, or an agency of the United States, petitions for the designation of the area as a critical water management area and demonstrates that a condition in (1) of this section exists; or

(3) 25 percent or more of the permittees and certificate holders of record in a geographic or hydrologic area petition for the designation of a critical water management area and demonstrate that at least one condition in (1) of this section exists.

History: Eff. 11/7/90, Register 116

Authority: AS 46.15.010

AS 46.15.020

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