reglab/housing_qa huggingface dataset:
AK Stat § 46.15.065 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.065. Determination of existing rights.

(a) A claimant of an existing right under AS 46.15.060 shall file a declaration of appropriation with the commissioner as set out in this section. The declaration shall be considered correct until a certificate of appropriation is issued or denied. Priority of the right dates from the day work was begun on the appropriation if due diligence was used in completing the work; otherwise, from the day water was applied for the beneficial use. (b) The commissioner shall, as soon as practicable, determine the rights of persons owning existing appropriations. To accomplish this, the commissioner shall (1) by order set a definite period for filing a declaration of appropriation within a specified area or from a specified source; (2) publish notice of the order once a week for three weeks before the beginning of the period in a newspaper of general circulation in the affected area; (3) give notice of the order by certified mail to any appropriator within the specified area or from the specified source who has requested mailed notice or of whom the commissioner can readily obtain knowledge including each owner of a recorded mining claim. (c) The commissioner shall make investigations as necessary of rights asserted by declarations filed under this section and shall determine each existing appropriation and mail a summary of the determination to each person who has filed a declaration with respect to the specified area or source. Any person adversely affected by a determination may file with the commissioner a request for a hearing within 20 days of the date the notice is mailed. If a hearing is requested, the commissioner shall, after consulting with the office of administrative hearings (AS 44.64.010), send a notice of the time and place of the hearing to each person who has filed a declaration. (d) If a hearing is not requested with respect to a determination, or if, after the hearing, the commissioner finds the determination to have been correctly made, the commissioner shall immediately issue a certificate of appropriation. If the commissioner finds the determination to be incorrect, the commissioner shall correct it and either issue a certificate of appropriation or refuse the certificate according to the commissioner's findings. (e) A person aggrieved by the action of the commissioner may appeal to the superior court within 30 days of the date on which that action is final. (f) The adjudication process for a declaration filed under (a) of this section that is pending before the commissioner on June 10, 1986, continues under the procedures set out in this section until the commissioner finally determines whether the declarant is entitled to a certificate. If a certificate is issued under this section, the certificate holder may be included as a participant in an adjudication under AS 46.15.165 or 46.15.166.
AK Stat § 46.15.080 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.080. Criteria for issuance of permit.

(a) The commissioner shall issue a permit if the commissioner finds that (1) rights of a prior appropriator will not be unduly affected; (2) the proposed means of diversion or construction are adequate; (3) the proposed use of water is beneficial; and (4) the proposed appropriation is in the public interest. (b) In determining the public interest, the commissioner shall consider (1) the benefit to the applicant resulting from the proposed appropriation; (2) the effect of the economic activity resulting from the proposed appropriation; (3) the effect on fish and game resources and on public recreational opportunities; (4) the effect on public health; (5) the effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation; (6) harm to other persons resulting from the proposed appropriation; (7) the intent and ability of the applicant to complete the appropriation; and (8) the effect upon access to navigable or public water.
AK Stat § 46.15.090 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.090. Preference in granting permits.

When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, the commissioner shall give preference first to public water supply and then to the use that alone or in combination with other foreseeable uses will constitute the most beneficial use.
AK Stat § 46.15.100 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.100. Terms of permit.

The commissioner may issue a permit for less than the amount of water requested, but in no case for more water than can be beneficially used for the purposes stated in the application. The commissioner may require modification of plans and specifications for the appropriation. The commissioner may issue a permit subject to terms, conditions, restrictions, and limitations necessary to protect the rights of others, and the public interest. However, the permit shall be subject to termination only as provided in this chapter.
AK Stat § 46.15.110 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.110. Time for construction and completion.

A permit may place a time limit for beginning construction and perfecting appropriation. Reasonable extensions of time shall be permitted for good cause shown.
AK Stat § 46.15.120 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.120. Certificates.

Upon completion of construction of the works and commencement of use of water, the permit holder shall notify the commissioner that the appropriator has perfected the appropriation. If the commissioner determines that the appropriation has been perfected in substantial accordance with the permit, the commissioner shall issue the permit holder a certificate of appropriation. The certificate shall set out any condition that the commissioner may prescribe by regulation, including conditions that are necessary to protect the prior rights of other persons and the public interest.
AK Stat § 46.15.140 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.140. Abandonment, forfeiture, and reversion of appropriations.

(a) The commissioner may declare an appropriation to be wholly or partially abandoned and revoke or amend the certificate of appropriation as to the unused quantity of water if an appropriator, with intention to abandon, does not make beneficial use of all or a part of the appropriated water. (b) The commissioner may declare that an appropriator has wholly or partially forfeited an appropriation, and shall revoke the certificate of appropriation in whole or in part if the appropriator voluntarily fails or neglects, without sufficient cause, to make use of all or a part of the appropriated water for a period of five successive years. A person who has a permit to develop a use of water including but not limited to residential, agricultural, industrial, or mining use, but has not developed that property to the point of water use before permit expiration, may file a request for permit extension with the commissioner. (c) Failure to use beneficially for five successive years all or part of the water granted in a certificate of appropriation raises a rebuttable presumption that the appropriator has abandoned or forfeited the right to use the unused quantity of water and shifts to the appropriator the burden to prove otherwise to the satisfaction of the commissioner. (d) If the commissioner revokes a certificate in whole or in part, the portion of the certificate covered by the revocation reverts to the state and the water becomes unappropriated water.
AK Stat § 46.15.145 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.145. Reservation of water.

(a) The state, an agency or a political subdivision of the state, an agency of the United States, or a person may apply to the commissioner to reserve sufficient water to maintain a specified instream flow or level of water at a specified point on a stream or body of water, or in a specified part of a stream, throughout a year or for specified times, for (1) protection of fish and wildlife habitat, migration, and propagation; (2) recreation and park purposes; (3) navigation and transportation purposes; and (4) sanitary and water quality purposes. (b) Upon receiving an application for a reservation under this section, the commissioner shall proceed in accordance with AS 46.15.133. (c) The commissioner shall issue a certificate reserving the water applied for under this section if the commissioner finds that (1) the rights of prior appropriators will not be affected by the reservation; (2) the applicant has demonstrated that a need exists for the reservation; (3) there is unappropriated water in the stream or body of water sufficient for the reservation; and (4) the proposed reservation is in the public interest. (d) After the issuance of a certificate reserving water, the water specified in the certificate shall be withdrawn from appropriation and the commissioner shall reject an application for a permit to appropriate the reserved water. (e) A reservation under this section does not affect rights in existence on the date the certificate reserving water is issued. (f) At least once each 10 years the commissioner shall review each reservation under this section to determine whether the purpose described in (a) of this section for which the certificate reserving water was issued and the findings described in (c) of this section still apply to the reservation. If the commissioner determines that the purpose, or part or all of the findings, no longer apply to the reservation, the commissioner may revoke or modify the certificate reserving the water after notice, hearing when appropriate, and a written determination that the revocation or modification is in the best interests of the state.
AK Stat § 46.15.150 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.150. Preferred use.

(a) An applicant who asserts and proves a preferred use shall be granted a permit and shall be granted preference over other appropriators. A preferred use of water is for a public water supply. (b) To be entitled to a preference an applicant must show that the applicant's use will be prevented or substantially interfered with by a prior appropriation; the use is a preferred use; the applicant agrees to compensate a permit or certificate holder for the prior appropriation for any damages sustained by the preferred use; and other information that the commissioner requires by regulation.
AK Stat § 46.15.155 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.155. Authorization for temporary use of water.

(a) Notwithstanding any contrary provision of this chapter, the commissioner may authorize the temporary use of a significant amount of water, as determined by the department by regulation, for a period of time not to exceed five consecutive years, if the water applied for has not been appropriated in accordance with this chapter. (b) Notwithstanding any contrary provision of this chapter, an authorization for a temporary use of less than a significant amount of water is not required under this section unless the commissioner has determined by regulation that the use may have an adverse effect on other water uses and that an authorization must be obtained from the department. (c) The issuance of an authorization for temporary use of water under this section does not establish a right to appropriate water. The temporary use of water under an authorization remains subject to appropriation under this chapter. (d) Notwithstanding any contrary provision of this chapter, the commissioner is not required to provide public notice under AS 46.15.133 of a proposed authorization for temporary use of water; however, the commissioner shall request comment on an application for temporary use of water from the Department of Fish and Game and the Department of Environmental Conservation. (e) The provisions of AS 46.15.080 do not apply to the issuance under this section of an authorization for temporary use of water. (f) The commissioner may impose reasonable conditions or limitations on an authorization for temporary use of water to protect the water rights of other persons or to protect fish and wildlife habitat, human health, or other public interests. (g) Upon approval by the department, an authorization under this section may be transferred to another person under the same conditions and limitations under which the authorization was issued. (h) A person to whom an authorization for temporary use of water was issued under this section may allow another person to use the authorization, consistent with the conditions and limitations of the authorization. (i) The commissioner may modify, suspend, or revoke an authorization issued under this section if the commissioner determines it necessary to protect the water rights of other persons or the public interest.
AK Stat § 46.15.160 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.160. Transfer and change of appropriations.

(a) The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or is to be beneficially used, provided, that water supplied by one person to another person's property is not appurtenant to the property unless the parties so intend. An appurtenant water right shall pass with a conveyance of the land, or transfer, or by operation of law unless specifically exempted from the conveyance. (b) With the permission of the commissioner, all or any part of an appropriation may be severed from the land to which it is appurtenant, may be sold, leased or transferred for other purposes or to other land and be made appurtenant to other land. A permit or certificate or a deed, lease, contract, assignment of permit or other instrument transferring an appropriation must be filed in the office of the commissioner and a certified copy of the instrument must be recorded in the recorder's office of the recording district in which the appropriation is located.
AK Stat § 46.15.166 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.166. Judicial adjudications.

(a) Instead of initiating an adjudication under AS 46.15.165, the commissioner may, with the concurrence of the attorney general, if a federal reserved water right has been or might be asserted by an agency of the United States on its own behalf or on behalf of a person described in AS 46.15.165(c)(3) - (6), file on behalf of the state a complaint in superior court to initiate a judicial adjudication consistent with 43 U.S.C. 666 to quantify and determine the priority of all water rights in a drainage basin, river system, ground water aquifer system, or other identifiable and distinct hydrologic regime, including any hydrologically interrelated surface and ground water systems. (b) The venue for an action filed under (a) of this section shall be established by rule of the supreme court under AS 22.10.030. (c) In a complaint brought under (a) of this section, the court may appoint an impartial, qualified person as a master to hold hearings, take testimony, collect evidence, and make recommendations to the court regarding the scope and content of a proposed judicial decree that would finally adjudicate the validity of water rights, quantify them, and determine priorities among the water right appropriations in the adjudication area. Employment by a federal, state, or local government agency does not disqualify an individual from appointment as master under this subsection if the court determines that the individual is otherwise impartial and qualified to act as master. The master may, with the court's permission, take action that the commissioner would be authorized to take in an administrative adjudication under AS 46.15.165. (d) In an adjudication under this section, the court may incorporate in an order or judgment final orders of the commissioner previously issued under AS 46.15.165. (e) Proceedings under this section shall be conducted without a jury.
AK Stat § 46.15.167 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.167. Effect of decision.

The final order of the commissioner under AS 46.15.165 and the final judgment of a court under AS 46.15.166 are binding on each party to the adjudication and on each person who subsequently makes an application for a water right. The court or the commissioner may retain jurisdiction for a period of time necessary to implement an adjudication order or judgment and to provide for subsequent water appropriations.
AK Stat § 46.15.168 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.168. Other actions.

(a) The state may timely intervene as a party in a superior court action potentially involving a determination of the validity, quantity, use, reservation, or priority of water rights. (b) The commissioner may accept a remand from a state or federal court of a water rights dispute and may administratively adjudicate the dispute under AS 46.15.165. (c) The commissioner may enter into arbitration to resolve a water rights dispute. (d) The commissioner may incorporate and apply as binding upon the parties to an administrative adjudication under AS 46.15.165 any court decree concerning the state hydrologic regime involved in the adjudication.
AK Stat § 46.15.169 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.169. Federal reserved water rights.

This chapter does not represent a commitment by the state to a specific federal reserved water right.
AK Stat § 46.15.170 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.170. Effect of recording.

(a) A deed, lease, contract, assignment of permit, or other instrument transferring an appropriation is void as against a subsequent innocent purchaser who in good faith paid a valuable consideration for the appropriation or any portion of it and whose instrument is first filed and recorded under AS 46.15.160(b). (b) A deed, lease, contract, assignment of permit, or other instrument transferring an appropriation that is recorded under AS 46.15.160(b) is constructive notice of its contents to subsequent purchasers of the appropriation or any portion of it. An unrecorded instrument is valid between the parties to it and as against one who has actual notice of it.
AK Stat § 46.15.175 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.175. Termination of permit for violation.

(a) If the commissioner has reason to believe that a person who holds an appropriation permit under this chapter is wilfully violating or has wilfully violated a term, condition, restriction, or limitation of the permit, the commissioner may commence proceedings to terminate the appropriation permit under AS 44.62.330 - 44.62.630 (Administrative Procedure Act). (b) When an appropriation permit is terminated under this section, the appropriation of water made by the permit reverts to the state and becomes unappropriated water.
AK Stat § 46.15.180 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.180. Crimes.

(a) A person may not (1) construct works for an appropriation, or divert, impound, withdraw, or use a significant amount of water from any source without a permit, certificate of appropriation, or authorization issued under this chapter; (2) violate an order of the commissioner to cease and desist from preventing any water from moving to a person having a prior right to use it; (3) disobey an order of the commissioner requiring the person to take steps to cause the water to move to a person having a prior right to use it; (4) fail or refuse to install meters, gauges, or other measuring devices or control works; (5) violate an order establishing corrective controls for an area or for a source of water; (6) knowingly make a false or misleading statement in a declaration of existing right. (b) A person who violates this section is guilty of a misdemeanor. (c) Crimes under this section are in addition to any other crimes provided by law.
AK Stat § 46.15.185 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.185. Appeals.

Appeals to the superior court under this chapter are subject to AS 44.62.560 - 44.62.570 (Administrative Procedure Act).
AK Stat § 46.15.190 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 3. Water Resources Board.|Sec. 46.15.190. The Water Resources Board.

There is created the Water Resources Board composed of seven members having a general knowledge of the use and requirements for use of the water of the state and the conservation and protection of it. The commissioner of environmental conservation or a designee shall serve as an additional, ex officio member serving without a vote. The commissioner of natural resources shall act as the executive secretary of the board, and shall provide clerical staff for the board. Members of the board are appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session.
AK Stat § 46.15.200 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 3. Water Resources Board.|Sec. 46.15.200. Term of office.

The term of office for members of the board is four years. If a vacancy occurs, the governor shall fill it by appointment for the unexpired term, subject to AS 39.05.080(4). The appointment shall be submitted to the legislature for confirmation at the next regular session.