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2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.285. Amendment and modification of permit upon request of permittee.

(a) A permittee may request
(1) a permit amendment that provides for administrative changes to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emissions;
(2) an expedited authorization for minor changes in permit terms and conditions that provide for flexibility in the operation of a stationary source consistent with 42 U.S.C. 7661a(b)(10) (Clean Air Act, sec. 502(b)(10)), and regulations adopted under that paragraph; the department may adopt regulations that include procedures under which the public may participate when an expedited authorization is requested under this paragraph; or
(3) a modification of a permit to authorize significant changes in permit terms and conditions consistent with this chapter and regulations adopted under AS 46.14.140.
(b) The department shall review all requests submitted under (a) of this section and issue or deny the permit amendment or modification or otherwise authorize or deny the request consistent with this chapter and regulations adopted under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.290. Permit as shield.

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401 - 7671q (Clean Air Act) and regulations adopted under it, if
(1) the applicable requirements are included and specifically identified in the owner or operator's permit; or
(2) the requirements are determined in writing not to be applicable to the permitted stationary source; a determination made under this paragraph shall be included in the permit.
(b) This section does not alter or affect
(1) the owner's and operator's obligation to comply with an emergency order issued under AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);
(2) the liability of an owner and operator for a violation of applicable requirements of law before or at the time of permit issuance; or
(3) the ability of the department to obtain information from an owner or operator of a stationary source under AS 46.14.020(b).
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 3. Small Business Assistance Program. › Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401 - 7671q (Clean Air Act).
(b) The small business assistance program shall, by regulation, meet the requirements of 42 U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), including the requirement that a small business advocate be designated.
(c) Except as provided in AS 46.14.310(b), the department shall provide assistance as described in (b) of this section to a requesting stationary source that is not a small business concern as defined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the legislature appropriates money from the general fund for this purpose.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 3. Small Business Assistance Program. › Sec. 46.14.310. Power to limit small business assistance program.

(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program established in AS 46.14.300 a category or subcategory of small business facilities that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter and federal law without the assistance provided under AS 46.14.300 - 46.14.320.
(b) Nothing in AS 46.14.300(c) precludes the department from excluding a business facility or category of business facilities that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter without assistance from the department.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 3. Small Business Assistance Program. › Sec. 46.14.320. Compliance advisory panel.

(a) There is established in the department a compliance advisory panel whose members shall serve staggered three-year terms. A member may not serve more than two three-year terms consecutively.
(b) The panel consists of
(1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent the general public;
(2) one member selected by the commissioner to represent the department; and
(3) four members who are owners or representatives of owners of small business facilities, selected as follows:
(A) one shall be selected by the president of the senate and one shall be selected by the speaker of the house;
(B) if there are members of the senate who are not part of the majority caucus of the senate, the leader of the largest nonmajority group shall select a panel member; if all members of the senate are in the majority caucus, then the president of the senate shall select a second panel member in addition to the selection authorized under (A) of this paragraph;
(C) if there are members of the house who are not part of the majority caucus of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel member in addition to the selection authorized under (A) of this paragraph.
(c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS 39.20.180.
(d) The compliance advisory panel shall
(1) elect a chair and agree upon procedures by which the panel will function;
(2) meet annually and at the call of the chair and give public notice of panel meetings as required under AS 44.62.310 - 44.62.319 (Open Meetings Act);
(3) prepare advisory opinions concerning the effectiveness of the small business assistance program, difficulties encountered in making the program efficient and effective, and degree of enforcement and severity of air pollution offenses;
(4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Act);
(5) review information designed to assist small business facilities in complying with this chapter to ensure that the information is understandable by the public; and
(6) use the assistance of the small business advocate designated under AS 46.14.300(b) in the development and dissemination of panel reports and advisory opinions.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 4. Local Programs. › Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control program and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out its determination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.
(b) If, after the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a written finding setting out the nature of the deficiencies and a description of the necessary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45 days after closure of the public hearing record. The department shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding.
(c) If the municipality or local air quality district fails to take corrective action within the time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partially remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air quality district.
(d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan required by the department.
(e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or may be more efficiently and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.500. Air pollution from outer continental shelf activities.

(a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority.
(b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the same air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source while at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.
(c) In this section, “corresponding onshore area” means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissioner determines that another area with more stringent requirements relating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the potential for air pollutants from the stationary source to reach the other onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42 U.S.C. 7470 - 7492 (Clean Air Act, secs. 160 - 169b) or a state equivalent.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment.
(b) Unless otherwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle.
(c) The department shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a motor vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law.
(d) If the department adopts regulations requiring the maintenance of air pollution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards, testing techniques, and instructions furnished by the department and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if required by the department, must be presented to the Department of Administration before that department may register a motor vehicle.
(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, the department may not require the vehicle be inspected more than once every two years.
(f) A person who fails to display an emissions inspection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to control pollution from motor vehicle emissions.
(g) In addition to the emission control inspection program fee imposed under AS 28.10.423, the department or a municipality may impose a fee upon a vehicle required to be inspected under a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering
(1) the motor vehicle emission control inspection program; and
(2) the related ambient air monitoring program.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS 46.14.140(a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner or operator, enter upon or through any premises of a stationary source regulated under this chapter to
(1) inspect and copy any records required to be maintained;
(2) inspect any emissions unit, monitoring equipment, or method required to be used; or
(3) sample any emissions that the owner and operator of the stationary source is required to sample.
(b) During an inspection under this section, the inspector shall comply with applicable health and safety standards.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.520. Confidentiality of trade secrets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the owner and operator have certified under oath to the department or authorized local program that
(1) public disclosure would tend to affect adversely the owner's and operator's competitive position; and
(2) the records, reports, or information, or parts of the records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910 - 45.50.945 (Alaska Uniform Trade Secrets Act).
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.525. Public records.

Except as provided in AS 46.14.520, permits, permit applications, emissions and monitoring reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.530. State and federal aid.

(a) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter.
(b) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend federal aid for the control of air emissions or the development and administration of the program.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural requirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and may impose other conditions the commissioner finds necessary and appropriate.
(b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once.
(c) A person acting under an order issued under (a) of this section is considered to be acting in compliance with the operating permit program established in this chapter.
(d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the permittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 5. Miscellaneous Provisions. › Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for noncompliance with a technology-based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 6. General Provisions. › Sec. 46.14.900. Limitations.

This chapter does not
(1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop;
(2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or
(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial health, or safety.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 2. Appropriation and Use of Water. › Sec. 46.15.030. Water reserved to the people.

Wherever occurring in a natural state, the water is reserved to the people for common use and is subject to appropriation and beneficial use and to reservation of instream flows and levels of water, as provided in this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 2. Appropriation and Use of Water. › Sec. 46.15.040. Right to appropriate.

(a) A right to appropriate water can be acquired only as provided in this chapter. A right to the use of water either appropriated or unappropriated may not be acquired by adverse use or possession.
(b) A right to appropriate water shall be obtained by first making application to the commissioner for a permit to appropriate. The commissioner shall by regulation prescribe the form and contents of the application and the procedure for filing the application. If a permit is granted and the means of appropriation is constructed, a certificate of appropriation may be obtained.
(c) All applications to the commissioner for a permit to appropriate water, filed subsequent to July 1, 1966, shall be considered as having been simultaneously filed with the Department of Fish and Game under AS 16 and the Department of Environmental Conservation under AS 46.03.
(d) The commissioner's issuance of a permit under AS 46.15.080 or of a certificate under AS 46.15.065 or 46.15.120 does not represent a guarantee by the state to the permittee or certificate holder that water will be available for appropriation at a certain volume, quality, artesian pressure, or cost. This subsection does not, however, alter the right a permittee or certificate holder may have against a later appropriator, including a government agency.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 2. Appropriation and Use of Water. › Sec. 46.15.050. Priority.

(a) Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence, such as the increase or decrease of stream flow, or the lowering of a water table, artesian pressure, or water level, by later appropriators, if the prior appropriator can reasonably acquire the appropriator's water under the changed conditions.
(b) Priority of appropriation made under this chapter dates from the filing of an application with the commissioner.
(c) Priority of appropriation perfected before July 1, 1966, shall be determined as provided in AS 46.15.065.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 2. Appropriation and Use of Water. › Sec. 46.15.060. Existing rights.

A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five years before July 1, 1966, or made in conjunction with works under construction on July 1, 1966, under a lawful common law or customary appropriation or use, is a lawful appropriation under this chapter. The appropriation is subject to applicable provisions of this chapter and regulations adopted under this chapter.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.