reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.125 - Cancellation of permits

Current through May 31, 2024
A permit will, in the commissioner's discretion, be
					 cancelled, and the case file closed, if the permittee (1) does not develop and
					 make use of the appropriation within the permit time period, or (2) as provided
					 in AS
					 46.15.175, violates a term or condition of
					 the permit.
Authority:
AS
						46.15.020
AS 46.15.110
AS
						46.15.175
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.130 - Issuance of a certificate of appropriation of water

Current through May 31, 2024
(a) The
				  commissioner will issue a certificate of appropriation to the permit holder for
				  the quantity of water beneficially used, which might be equal to or less than
				  that granted under the permit, if
(1) the
				  permit holder submits a statement of beneficial use stating that the means
				  necessary for the taking of water have been developed and the permit holder is
				  beneficially using the quantity of water to be certificated; the fee required
				  under 11 AAC 05.260 must accompany the statement of beneficial use; and
(2) the permit holder has
				  substantially complied with all permit conditions.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.140 - Water wells

Current through May 31, 2024
(a) For a drilled, driven, jetted, or augered
				  well constructed, the water well contractor or a person who constructs the well
				  shall file a report within 45 days after completion with both the property
				  owner and the department. The report must contain the following information as
				  applicable:
(1) the method of
				  construction;
(2) the type of
				  fluids used for drilling;
(3) the
				  location of the well;
(4) an
				  accurate log of the soil and rock formations encountered and the depths at
				  which the formations occur;
(5) the
				  depth of the casing;
(6) the height
				  of the casing above ground;
(7) the
				  depth and type of grouting;
(8) the
				  depth of any screens;
(9) the
				  casing diameter;
(10) the casing
				  material;
(11) the depth of
				  perforation or opening in the casing;
(12) the well development method;
(13) the total depth of the well;
(14) the depth of the static water
				  level;
(15) the anticipated use of
				  the well;
(16) the maximum well
				  yield;
(17) the results of any well
				  yield, aquifer, or drawdown test that was conducted;
(18) if the water well contractor or person
				  who constructs the well installs a pump at the time of construction, the depth
				  of the pump intake and the rated pump capacity at that depth.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.141 - Application for a reservation of water

Current through May 31, 2024
As provided in
					 AS
					 46.15.145(a), the state, an
					 agency or political subdivision of the state, an agency of the United States,
					 or a person may apply for a reservation of water for
(1) "protection of fish and wildlife habitat,
				  migration and propagation," which means the quantity or level of water
				  necessary to maintain suitable habitat conditions for the various life stages
				  of fish, other aquatic organisms, and wildlife, including waterfowl and
				  mammals, and their habitat, including water quality, depth, velocity and
				  temperature, substrate, or streamside vegetation;
(2) "recreation and park purposes," which
				  means the quantity or level of water necessary to maintain suitable conditions
				  for contact and secondary recreation, including wading, swimming, fishing,
				  boating, or hunting, or for park purposes, including scenic, natural, historic,
				  or cultural values;
(3) "navigation
				  and transportation purposes," which means the quantity or level of water
				  necessary to maintain sufficient width and depth to allow vehicles, including
				  boats or float planes, or tracked or wheeled vehicles during the winter, to
				  travel on or through a stream or water body; and
(4) "sanitary and water quality purposes,"
				  which means the quantity or level of water necessary to attain and maintain
				  water quality standards under 18 AAC 70 or, if applicable, drinking water
				  standards under 18 AAC 80, or to maintain the naturally occurring water quality
				  conditions.
Authority:
AS
						46.15.020
AS
						46.15.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.142 - Content of application

Current through May 31, 2024
(a) An application for a reservation of water
				  must be made to the department on a form provided by the department. The form
				  must be completed in accordance with the instructions furnished by the
				  department to the applicant.
(b)
				  Each application must
(1) identify the
				  purposes of the proposed reservation;
(2) identify the name of the stream or water
				  body in which water is proposed to be reserved, and locate the proposed
				  reservation on the most detailed United States Geological Survey map for the
				  area, identified by section, township, range, meridian, and river mile index if
				  available, showing either the point on a water body at which, or two points on
				  a stream between which, the proposed reservation is being requested;
(3) explain what need exists for the proposed
				  reservation, including reasons why the reservation is being
				  requested;
(4) specify the time
				  period required to fully quantify the proposed reservation, which may be no
				  longer than three years after the date the application is accepted by the
				  department for filing;
(5) specify
				  the times of the year and purposes for which the reservation is
				  proposed;
(6) identify and explain
				  the methodology to be used to quantify the proposed reservation, including
(A) existing data to be used, if
				  available;
(B) the method of any
				  new data collection;
(C) the type
				  of new data to be collected; and
(D) a description of how the data will be
				  analyzed;
(7) state the
				  estimated quantity of water, stage, or elevation proposed to be reserved,
				  measured in cubic feet per second for an instream flow rate or measured in
				  cubic feet, acre feet, or an elevation relative to a permanent bench mark for a
				  surface elevation, with documentation and calculations justifying the
				  request;
(8) identify physical,
				  biological, water chemistry, and socio-economic data substantiating the need
				  for and the quantity of water requested for the proposed reservation;
(9) be accompanied by the application fee
				  prescribed by 11 AAC 05.260.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.143 - Incomplete applications

Current through May 31, 2024
(a) An application
				  that does not substantially comply with the requirements of
				  11 AAC 93.142 will not be accepted
				  by the department for filing.
(b)
				  The commissioner will, in his or her discretion, require an applicant whose
				  application complies with the requirements of
				  11 AAC 93.142 and has been
				  accepted for filing to provide additional information if, during the
				  adjudication process under
				  11 AAC 93.145, the commissioner
				  determines that the application fails to clearly present and document all
				  aspects of the proposed reservation. The commissioner will identify the areas
				  of deficiency, and the applicant will be given 60 days in which to submit
				  supplemental information, unless a longer period of time is agreed upon by the
				  applicant and the commissioner. An applicant's failure to submit the additional
				  information within the time required is grounds for rejecting the application
				  without further notice; a request for additional information will contain a
				  warning to that effect.
Authority:
AS
						46.15.020
AS 46.15.040
AS
						46.15.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.144 - Departmental investigations

Current through May 31, 2024
(a) Upon receipt of
				  an application for a reservation of water, the commissioner will, in his or her
				  discretion, investigate any aspect of the application, including the source of
				  the water and other uses or demands for water within the area, to determine
				  whether there is a possibility that the rights of prior appropriators or the
				  public interest will be adversely affected by the proposed
				  reservation.
(b) Failure of the
				  applicant to cooperate in the investigation will result in the rejection of the
				  application.
Authority:
AS
						46.15.020
AS 46.15.145
AS
						46.15.256
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.145 - Adjudication of applications

Current through May 31, 2024
(a) Notice of an
				  application for a reservation of water will be provided in accordance with
				  AS
				  46.15.133 and
				  11 AAC 93.080. In addition, the
				  commissioner will provide notice to the Alaska Departments of Fish and Game and
				  Environmental Conservation, to any federal or state agency responsible for
				  managing land in the vicinity, and to any local government in whose
				  jurisdiction the proposed reservation of water would occur, as well as to any
				  other interested party who has filed a request with the department to receive
				  notice.
(b) Timely objections
				  received following notice of an application for a reservation of water will be
				  considered in accordance with
				  11 AAC 93.090.
(c) Hearings regarding an application for a
				  reservation of water will be held in accordance with
				  AS
				  46.15.133 and
				  11 AAC 93.110.
(d) The commissioner's decision to grant,
				  conditionally grant, or deny an application for a reservation of water will be
				  summarized by written findings of fact and conclusions of law, including
				  justification of any special conditions to which the reservation is subject. In
				  determining whether the proposed appropriation is in the public interest, the
				  commissioner will consider the criteria set out in
				  AS
				  46.15.080(b).
Authority:
AS
						46.15.020
AS 46.15.080
AS 46.15.133
AS
						46.15.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.146 - Issuance of a certificate of reservation of water

Current through May 31, 2024
(a) The
				  commissioner will issue a certificate of reservation of water if the
				  commissioner finds that the reservation meets the requirements of
				  AS
				  46.15.145.
(b) The certificate of reservation will be
				  issued to the applicant. The applicant is responsible for compliance with the
				  conditions of the certificate of reservation.
(c) A certificate of reservation will contain
				  the following conditions:
(1) the certificate
				  of reservation may not be voluntarily abandoned, conveyed, transferred,
				  assigned, or converted to another use, in whole or in part, unless required as
				  a result of review under
				  11 AAC 93.147; and
(2) the certificate of reservation does not
				  authorize the certificate holder or any other person to prevent access to, on,
				  or through the water reserved by the certificate, or to prohibit the use of the
				  reserved water for other compatible purposes set out in
				  AS
				  46.15.145(a).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.147 - Review of reservation of water

Current through May 31, 2024
(a) The
				  commissioner will review a reservation of water at least once each 10 years
				  after the date of issuance of the certificate of reservation. The commissioner
				  will, in his or her discretion, review a reservation of water in fewer than 10
				  years if circumstances warrant a review. These circumstances might include
(1) a condition on the certificate of
				  reservation requiring an earlier review, under
				  11 AAC 93.146(d) (2);
(2) a significant change affecting the water
				  resource;
(3) a subsequent
				  applicant's protest of the justification for the reservation of water if water
				  might be unavailable to both maintain the reservation of water and to grant the
				  applicant's request; or
(4) a
				  written request by the certificate holder to the department, seeking authority
				  to abandon, convey, transfer, assign, or convert the certificate of reservation
				  to another use; the fee required under 11 AAC 05.260 must accompany the
				  request.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.151 - Applicability

Current through May 31, 2024
(a) The provisions of
				  11 AAC 93.151 -
				  11 AAC 93.201 apply to all
				  artificial barriers located in the state that are dams within the meaning of
				  AS
				  46.17.900, except dams owned or operated by
				  the federal government or regulated by the Federal Energy Regulatory
				  Commission.
(b) An artificial
				  barrier that the department has given a Class I (high) or Class II
				  (significant) hazard potential classification under
				  11 AAC 93.157 is a dam under
				  AS
				  46.17.900(3)(C), even if the
				  barrier does not meet the height and capacity criteria set out in
				  AS
				  46.17.900(3)(A) or
				  (B).
(c) An artificial barrier that the department
				  has given a Class III (low) hazard potential classification under
				  11 AAC 93.157 is not a dam under
				  AS
				  46.17.900, unless the barrier meets the
				  height and capacity criteria set out in
				  AS
				  46.17.900(3)(A) or
				  (B).
Authority:
AS
						46.17.010
AS 46.17.030
AS
						46.17.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.153 - Barrier measurement

Current through May 31, 2024
For the purpose of determining whether a barrier is a dam
					 under AS
					 46.17.900, the height of the barrier will be
					 measured as either
(1) the maximum
				  vertical distance from the natural bed of the watercourse at the upstream or
				  downstream toe of the barrier, whichever yields the greater measurement, to the
				  top of the barrier, or
(2) if the
				  barrier is not across a watercourse, the maximum vertical distance from the
				  lowest elevation of the outside limit of the barrier to the top of the
				  barrier.
Authority:
AS
						46.17.010
AS 46.17.030
AS
						46.17.900
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.157 - Hazard classification

Current through May 31, 2024
(a) In order to determine design, operation,
				  inspection, maintenance, emergency action, and reporting criteria under AS
				  46.17 and 11 AAC 93.151 -
				  11 AAC 93.201, the department will
				  periodically review and classify each artificial barrier according to the
				  barrier's potential danger to life or property, and will assign the barrier one
				  of the following hazard potential classifications:
(1) a Class I (high) hazard potential
				  classification, if the department determines that the failure or improper
				  operation of the barrier will result in probable loss of human life;
(2) a Class II (significant) hazard potential
				  classification, if the department determines that the failure or improper
				  operation of the barrier will result in
(A) a
				  significant danger to public health;
(B) the probable loss of or probable
				  significant damage to homes, occupied structures, commercial property,
				  high-value property, major highways, primary roads, railroads, or public
				  utilities, other than losses described in (3)(B) of this subsection;
(C) other probable significant property
				  losses or damage, other than losses described in (3)(B) of this subsection;
				  or
(D) probable loss of or
				  significant damage to waters identified under
				  5 AAC 95.011(a) as important for the
				  spawning, rearing, or migration of anadromous fish; or
(3) a Class III (low) hazard potential
				  classification if the department determines that the failure or improper
				  operation of the barrier will result in
(A)
				  limited impacts to rural or undeveloped land, rural or secondary roads, and
				  structures;
(B) property losses or
				  damage limited to the owner of the barrier; or
(C) insignificant danger to public
				  health.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.159 - Owner's periodic safety inspections

Current through May 31, 2024
(a) The owner of a
				  Class I or Class II dam shall provide for a periodic safety inspection of the
				  dam at least once every three years. The owner of a Class III dam shall provide
				  for a periodic safety inspection of the dam at least once every five years. The
				  department may order a dam owner to provide for a periodic safety inspection
				  more often than required by this subsection if the department determines that
				  the dam might be unsafe or that more frequent inspections are necessary to
				  protect public safety. Each periodic safety inspection and other work required
				  by this section is at the owner's sole expense. Each periodic safety inspection
				  must be detailed and comprehensive, and must meet the department's guidelines
				  for periodic safety inspections. Those guidelines, set out in Chapter 10,
				  Section 10.4 of the department's
Guidelines for Cooperation with the
				  Alaska Dam Safety Program,
dated September 26, 2003 are adopted by
				  reference.
(b) The periodic safety
				  inspections required by this section must be performed by an engineer who has
				  been approved under
				  11 AAC 93.193(b).
				  Before an inspection, the owner shall submit to the department, in writing, the
				  qualifications of the engineer and the scope of the periodic safety inspection.
				  The department will approve the scope of the inspection if the department
				  determines that the scope is adequate to determine the safety of the dam and
				  for the engineer to make reliable recommendations regarding operation and
				  maintenance of the dam, inspections of the dam, and other aspects related to
				  the safety of the dam.
(c) Within
				  30 days after the visual inspection of the dam is completed, the owner shall
				  submit a periodic safety inspection report to the department for approval, with
				  as many copies as the department requires. The periodic safety inspection
				  report must be sealed by the engineer approved under
				  11 AAC 93.193(b)
				  to conduct the inspection. The engineer shall, in the report, make
(1) specific conclusions regarding the safety
				  of the dam, including conclusions with respect to the condition of the dam and
				  the potential for and consequences of any dam failure; and
(2) recommendations for any additional
				  inspections, monitoring, studies, or construction that may be required to
				  improve the safety of the dam.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.161 - State inspections

Current through May 31, 2024
(a) The department may inspect a dam or
				  artificial barrier, regardless of its size or hazard potential classification,
				  after providing notice to the owner under
				  AS
				  46.17.060.
(b) If the department determines that
				  providing two weeks' notice under
				  AS
				  46.17.060 is not practical because the dam or
				  barrier presents a potential immediate danger to life or property, the
				  department will give the owner of the dam or barrier as much notice before the
				  inspection as is reasonable under the circumstances.
(c) The owner of a dam shall reimburse the
				  department for costs that the department incurs in making an inspection under
				  this section, including the costs of conducting related dam safety studies and
				  analyses and employing consulting engineers or contractors, if the department
				  determines that a condition may exist that could adversely affect the safety of
				  the dam and the
(1) owner has failed or
				  refused to perform a periodic safety inspection in accordance with
				  11 AAC 93.159; or
(2) periodic safety inspection report
				  submitted under
				  11 AAC 93.159(c)
				  is inadequate, and the owner has failed to respond to a department order or
				  request for additional information.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.163 - Emergency remedial action

Current through May 31, 2024
(a) The department
				  may take emergency remedial action to protect life or property from the risks
				  created by the dam's operation or potential failure, if the department
				  determines that one or more of the following conditions exist:
(1) the condition of a dam is sufficiently
				  dangerous to preclude adequate time for the issuance of an order to the owner
				  under 11 AAC 93.159(d)
				  regarding the maintenance or operation of the dam;
(2) actual or potential flooding threatens
				  the condition of the dam;
(3) the
				  owner will not voluntarily comply with an order or does not have the present
				  means to comply with an order from the department.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.164 - Owner's emergency action plan

Current through May 31, 2024
(a) The owner of a
				  Class I or Class II dam shall develop and maintain an emergency action plan in
				  accordance with this section.
(b)
				  The department will approve an emergency action plan if
(1) the plan adequately protects life and
				  property, given the particular risks presented to life or property if the dam
				  fails or in anticipation of imminent dam failure;
(2) the plan provides adequately for the
				  coordination of emergency responders in the community;
(3) the plan contains information that the
				  department considers necessary to minimize danger to life and property; that
				  information must include, if required by the department, a
(A) detailed inundation map, prepared in
				  substantial accordance with
				  11 AAC 93.195;
(B) dam break analysis; and
(C) schedule for exercise and revision of the
				  plan; and
(4) for a
				  Class I dam, the plan is developed and maintained in accordance with
(A) the Federal Emergency Management Agency's
Federal Guidelines for Dam Safety: Emergency Action Planning for Dam
				  Owners
(FEMA 64), as revised as of October 1998 and adopted by
				  reference; or
(B) other
				  requirements that the department determines are necessary to protect life or
				  property.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.167 - Certification of dams constructed before May 31, 1987

Current through May 31, 2024
(a) The owner of a
				  dam that was constructed before May 31, 1987 shall submit to the department a
				  complete application, on a form provided by the department, for a certificate
				  of approval to operate the dam under
				  11 AAC 93.173(a)(3), along with the
				  applicable fee under 11 AAC 05.260(c)(1).
(b) An application for a certificate of
				  approval under this section must include
(1)
				  record drawings for the dam, prepared by a professional engineer registered
				  under AS 08.48 and 12 AAC 36 or professional land surveyor registered under AS
				  08.48 and 12 AAC 36;
(2) an
				  operation and maintenance manual prepared in accordance with
				  11 AAC 93.197;
(3) for Class I and Class II dams, an
				  emergency action plan in accordance with
				  11 AAC 93.164; and
(4) a current periodic safety inspection
				  report in accordance with
				  11 AAC 93.159.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.171 - Dam construction, repair, or modification

Current through May 31, 2024
(a) Before
				  construction, repair, or modification of a dam, a person must apply to the
				  department under this section for a certificate of approval. Unless the
				  department determines that an item or document is not required for the
				  protection of life or property, the applicant must file the following
				  information and documents with the department:
(1) an initial application package containing
				  the information and documents required under (f)(1) of this section;
(2) a preliminary design package containing
				  the information and documents required under (f)(2) of this section;
(3) a detailed design package containing the
				  information and documents required under (f)(3) of this section;
(4) a final construction package containing
				  the information and documents required under (f)(4) of this section;
(5) pre-construction plans containing the
				  information and documents required under (f)(5) of this section;
(6) post-construction documentation
				  containing the information and documents required under (f)(6) of this
				  section.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.173 - Certificates of approval

Current through May 31, 2024
(a) The department
				  will issue a certificate of approval if it determines that the action for which
				  approval is sought may be conducted without unreasonable risk to life or
				  property, and for a certificate of approval
(1) for construction, modification, or repair
				  of a dam, after reviewing information and documents submitted under
				  11 AAC 93.171(a)(1) - (5);
(2) for removal or abandonment of a dam,
				  after reviewing information and documents submitted under
				  11 AAC 93.172(a);
				  or
(3) to operate a dam, after
				  reviewing information and documents submitted under
				  11 AAC 93.167 or
				  11 AAC 93.171(a) (6).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.175 - Records

Current through May 31, 2024
(a) The owner of a dam shall maintain on
				  file, either at the location of the dam or at the owner's regular place of
				  business in the state, all records pertaining to the safety of the dam,
				  including
(1) construction plans and
				  specifications;
(2) engineering
				  reports;
(3) record
				  drawings;
(4) all completion
				  reports;
(5) construction
				  inspection reports;
(6) material
				  test analyses;
(7) reports of
				  routine safety inspections and monitoring performed as specified in the
				  operation and maintenance manual required under
				  11 AAC 93.167(b) (2),
				  11 AAC 93.171(f) (6)(B), or
				  11 AAC 93.173(g) (2);
(8) periodic safety inspection reports
				  required under
				  11 AAC 93.159; and
(9) all other information and documents that
				  might contain data relevant to the safety of the dam.
(10) the current operation and maintenance
				  manual required under
				  11 AAC 93.167(b) (2),
				  11 AAC 93.171(f) (6)(B), or
				  11 AAC 93.173(g) (2); and
(11) the current emergency action plan
				  required under
				  11 AAC 93.164.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.177 - Reporting of dam incidents

Current through May 31, 2024
The owner or operator of a dam shall report to the
					 department, on a form provided by the department, each incident involving the
					 dam. For purposes of this section, incidents include one or more of the
					 following events:
(1) the satisfactory
				  or unsatisfactory performance of a dam during extreme loading periods caused by
				  extraordinary seismic or hydrologic events;
(2) the uncontrolled release of water from a
				  dam due to improper operation, overtopping, excessive seepage, or piping,
				  regardless of whether downstream flooding occurs;
(3) indications of stress in structural
				  features or appurtenant works that could potentially affect the structural or
				  operational integrity of the dam;
(4) severe deterioration or erosion of
				  structural elements or materials of construction, including concrete, steel,
				  timber, soil, rock, geosynthetics, pipes, and valves;
(5) modifications or repairs to the dam
				  required to satisfy regulatory requirements or other deficiencies that may be
				  identified in the dam or the original design basis.
Authority:
AS
						46.17.010
AS 46.17.030
AS 46.17.040
AS 46.17.050
AS 46.17.060
AS
						46.17.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.193 - Qualified engineers

Current through May 31, 2024
(a) The department will not approve proposals
				  for hazard potential classifications as required under
				  11 AAC 93.157, design engineering
				  reports, design and construction drawings, construction specifications, or
				  other information or documents submitted under
				  11 AAC 93.171 or
				  11 AAC 93.172, or construction
				  completion reports or record drawings as required under
				  11 AAC 93.171(f)(6)(A), unless sealed by an
				  engineer with
(1) a valid certificate of
				  registration issued under AS 08.48 and 12 AAC 36 as a professional engineer in
				  the branch of civil engineering;
(2) at least five years of experience, in
				  this state or another state, as a licensed or registered professional engineer
				  in the branch of civil engineering; and
(3) significant work experience in the
				  design, construction, inspection, and safety of dams.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.195 - Inundation maps and inflow design flood information

Current through May 31, 2024
(a) An inundation
				  map prepared under
				  11 AAC 93.157(b)
				  or 11 AAC 93.164 must
(1) indicate the extent of flooding below a
				  dam after failure under the normal operating level of the reservoir, under the
				  inflow design flood, and under other scenarios as the department considers
				  necessary to evaluate danger to life and property;
(2) identify downstream structures or other
				  development, flood wave depth and arrival times, roads, evacuation routes,
				  staging areas, and other information required by the department to minimize
				  danger to life and property; and
(3) be based on a dam break analysis, if
				  required.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.197 - Operation and maintenance manuals

Current through May 31, 2024
(a) An owner that
				  is required under
				  11 AAC 93.167,
				  11 AAC 93.171, or
				  11 AAC 93.173 to prepare or
				  provide an operation and maintenance manual must describe in that manual, in
				  detail, how a dam will be operated, inspected and maintained, including
(1) a physical description of the
				  dam;
(2) any operating limitations
				  on the dam;
(3) critical design
				  criteria;
(4) a schedule and
				  procedures for routine safety inspections, monitoring, and maintenance of the
				  dam;
(5) detailed instructions and
				  maintenance procedures for operating valves, gates, or other
				  equipment;
(6) maintenance
				  procedures, calibration information, and instructions for instrumentation and
				  for monitoring and alarm systems;
(7) site-specific visual inspection
				  checklists; and
(8) other
				  information requested by the department to provide sufficient detail regarding
				  dam operation, inspection, and maintenance for the protection of life and
				  property.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.201 - Definitions

Current through May 31, 2024
Unless the context requires otherwise, in AS 46.17 and
					 11 AAC 93.151 -
					 11 AAC 93.201,
(1) "alteration" has the meaning given in
				  AS
				  46.17.900;
(2) "appurtenant works" has the meaning given
				  in AS
				  46.17.900;
(3) "Class I dam" means a dam assigned a
				  Class I (high) hazard potential classification under
				  11 AAC 93.157;
(4) "Class II dam" means a dam assigned a
				  Class II (significant) hazard potential classification under
				  11 AAC 93.157;
(5) "dam" has the meaning given in
				  AS
				  46.17.900;
(6) "department" means the Department of
				  Natural Resources;
(7)
				  "enlargement" has the meaning given in
				  AS
				  46.17.900;
(8) "modification" means an enlargement or
				  alteration;
(9) "owner" has the
				  meaning given in
				  AS
				  46.17.900;
(10) "record drawings" means plan, profile,
				  and cross-section drawings that show the final configuration of a dam as
				  constructed, including
(A) lines, grades,
				  elevations, and size;
(B) types of
				  material used for construction;
(C)
				  reservoir area; and
(D) details of
				  all appurtenant works, including spillways, outlet pipes, monitoring devices,
				  and other equipment;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 4 - Temporary Water Use › 11 AAC 93.210 - Temporary water use

Current through May 31, 2024
(a) Procedures to authorize the temporary use
				  of water, as provided in
				  11 AAC 93.220, will apply if the
				  use continues for less than five consecutive years and the water applied for is
				  not otherwise appropriated.
(b) A
				  water right or priority is not established by a temporary water use
				  authorization issued under
				  11 AAC 93.220. Authorized
				  temporary water use is subject to amendment, modification, or revocation by the
				  department if the department determines that amendment, modification, or
				  revocation is necessary to supply water to lawful appropriators of record or to
				  protect the public interest.
(c)
				  Upon the commissioner's receipt of a written request from the permittee, an
				  authorization for temporary use of water will, in the commissioner's
				  discretion, be extended one time for good cause for a period of time not to
				  exceed five years. The request for an extension of the authorization for
				  temporary use of water must be accompanied by the fee prescribed by 11 AAC 05.260.
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 93.210(b) and (c).
Authority:
AS
						46.15.020
AS 46.15.040
AS 46.15.133
AS
						46.15.155
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 4 - Temporary Water Use › 11 AAC 93.220 - Procedure for temporary water use

Current through May 31, 2024
(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 05.260;
(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.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 5 - Preferred Use › 11 AAC 93.230 - Preferred use status

Current through May 31, 2024
Preferred use status allows the use of water for a
					 preferred use when adequate water is not available from the same source to
					 supply all lawful appropriators.
Authority:
AS
						46.15.020
AS
						46.15.150
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 5 - Preferred Use › 11 AAC 93.240 - Application for preferred use status

Current through May 31, 2024
An applicant for preferred use status shall submit the
					 applicable fee prescribed in 11 AAC 05.260 and provide the department written
					 evidence that establishes, to the satisfaction of the department, that
(1) the use of water is for a public water
				  utility that serves the general public as defined by
				  AS
				  42.05.990(4) and
				  (5);
(2) the available water supply is or will be
				  inadequate in quantity to satisfy the needs of the applicant; and
(3) water conservation measures are or will
				  be employed to minimize damages to prior appropriators as a result of preferred
				  use status.
As of Register 197 (April 2011), the regulations attorney
						made a technical revision under
						AS
						44.62.125(b)(6), to a
						reference in 11 AAC 93.240 to provisions of
						AS
						42.05.990. This revision reflects the
						renumbering, by the revisor of statutes in 2010, of definitions in
						AS
						42.05.990 to keep them in alphabetical
						order.
Authority:
AS
						46.15.020
AS
						46.15.150
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 5 - Preferred Use › 11 AAC 93.250 - Commissioner's decision on preferred use status

Current through May 31, 2024
(a) If the
				  commissioner determines that additional information is required to rule on an
				  application, the commissioner will, in his or her discretion, require the
				  submission of additional evidence, hold hearings, or require investigative
				  studies.
(b) Denial of an
				  application for preferred use status does not preclude the applicant from
				  applying for other water rights under
				  11 AAC 93.040 -
				  11 AAC 93.140.
Authority:
AS
						46.15.020
AS 46.15.040
AS 46.15.060
AS 46.15.065
AS 46.15.090
AS
						46.15.150
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 5 - Preferred Use › 11 AAC 93.260 - Issuance of a permit to appropriate for preferred use

Current through May 31, 2024
(a) If the
				  commissioner grants an applicant preferred use status under
				  11 AAC 93.250, the commissioner
				  will issue a permit to appropriate for preferred use when
(1) notice has been given under
				  11 AAC 93.080; and
(2) the applicant has submitted to the
				  commissioner either certified copies of any compensation agreements or any
				  court orders directing the payment of compensation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 6 - Enforcement › 11 AAC 93.270 - Enforcement

Current through May 31, 2024
A violation of a provision of this chapter, a lawful order
					 of the commissioner issued under this chapter or AS 46.15, or a term or
					 condition of a permit or certificate issued under this chapter is subject to
					 corrective action under
					 11 AAC 93.280 -
					 11 AAC 93.290.
Authority:
AS
						46.15.020
AS 46.15.100
AS 46.15.180
AS
						46.15.255
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 6 - Enforcement › 11 AAC 93.280 - Emergency actions

Current through May 31, 2024
(a) If the commissioner finds that a person
				  is causing, engaging in, or maintaining a condition or activity that involves
				  the use of a water resource and that presents an imminent or present danger to
				  the health, safety, or welfare of the people of the state or the right of a
				  prior appropriator, or, with the exception of changes in water quality, to the
				  resource itself, the commissioner will, in his or her discretion
(1) order the person immediately to
				  discontinue, abate, or alleviate the condition or activity; or
(2) take any other action considered
				  necessary to alleviate the emergency.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 6 - Enforcement › 11 AAC 93.290 - Commissioner's orders

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 7 - Appeals › 11 AAC 93.300 - Appeals

Current through May 31, 2024
An eligible person affected by a decision issued under this
					 chapter may appeal that decision in accordance with 11 AAC 02.
Authority:
AS
						46.15.020
AS 46.15.070
AS 46.15.135
AS 46.15.180
AS
						44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 8 - Administrative Basin-wide Adjudication › 11 AAC 93.400 - Boundaries of the adjudication area

Current through May 31, 2024
(a) Before
				  initiating an adjudication under
				  AS
				  46.15.165, the commissioner will identify in
				  writing the geographic and hydrologic boundaries and the hydrologic resources
				  of the adjudication area. The written identification will
(1) describe the interaction and hydrologic
				  communication between the surface water drainage systems and the ground water
				  flow systems;
(2) identify the
				  surface water topographic drainage divide and the boundaries of ground water
				  aquifer systems on the most detailed United States Geological Survey map
				  available for the basin;
(3)
				  describe the geographic and hydrologic boundary and the area in square
				  miles;
(4) describe how the
				  boundary and area size were determined;
(5) collect and summarize available stream
				  discharge and ground water data and determine, where possible, mean monthly and
				  annual stream discharge, high and low flows, duration curves, current water
				  use, and the aquifer's yield; and
(6) summarize ongoing and planned hydrologic
				  or hydrogeologic investigations in the area.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 8 - Administrative Basin-wide Adjudication › 11 AAC 93.410 - Initiating an administrative basin-wide adjudication

Current through May 31, 2024
The commissioner will, in his or her discretion, initiate
					 an administrative basin-wide adjudication by issuing an order that will, in the
					 commissioner's discretion, contain some or all of the following
					 information:
(1) a written consent by
				  the federal government to participate in the administrative adjudication and to
				  have its claim to federal reserved water rights adjudicated in the
				  process;
(2) a reference to the
				  authorizing statute,
				  AS
				  46.15.165, and statement of intent to
				  adjudicate all water rights claims, including federal reserved water rights,
				  pending, permitted, or certified in the area;
(3) a description of the purpose of the
				  basin-wide adjudication;
(4) a
				  description of the geographic and hydrologic area under adjudication;
(5) a description of the surface water bodies
				  and ground water aquifer systems, including names if possible;
(6) a legal description of the adjudication
				  area, including meridian, township, range, section, and aliquot
				  parts;
(7) a notice that public and
				  private water utilities will represent water users purchasing water from the
				  utilities;
(8) a description of the
				  time period during which the federal government or any other person may file a
				  claim to have federal reserved water rights adjudicated;
(9) a notice that new water rights
				  applications in the adjudication area will be accepted and included in the
				  adjudication if filed within a stated period of time after the close of the
				  newspaper publication period;
(10)
				  a notice that the adjudication will not preclude the filing of future
				  applications for water rights under AS 46.15, but that such rights will be
				  junior in priority to those adjudicated under these proceedings; and
(11) the address and office location to
				  obtain further information.
Authority:
AS
						46.15.020
AS
						46.15.165
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 8 - Administrative Basin-wide Adjudication › 11 AAC 93.420 - Notice procedures

Current through May 31, 2024
(a) Notice of the adjudication will be served
				  on those persons listed in
				  AS
				  46.15.165(c) and in the
				  manner described in
				  AS
				  46.15.165(e).
(b) Notice to the agencies of the federal
				  government having management or trust responsibility over lands within the
				  adjudication area will be served on
(1) the
				  chief officer of the federal agency's Alaska regional office;
(2) the manager of the specific federal land
				  reservation, if any;
(3) the U.S.
				  Attorney General; and
(4) the U.S.
				  Attorney for the District of Alaska.