Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 2 - Appropriation and Use of Water › 11 AAC 93.040 - Application for a water right

Current through May 31, 2024
(a) A person may
				  not lawfully appropriate a significant amount of water of the state without
				  first obtaining a permit to appropriate, a certificate of appropriation, or a
				  temporary water use authorization under this chapter.
(b) An application for a water right must be
				  made on a form provided by the department. The form must be completed in
				  accordance with the instructions furnished to the applicant.
(c) An application must include the following
				  items:
(1) the applicable application fee
				  prescribed in 11 AAC 05.260;
(2)
				  evidence that the applicant has a present possessory interest in the property
				  where the water is to be beneficially used, as shown by a copy of the deed,
				  patent, license, leasehold agreement, mining location certificate, or other
				  instrument, or a copy of a completed application that has been filed with the
				  appropriate agency to acquire permission for the use of federal, state, or
				  municipal property;
(3) a map
				  identifying
(A) the section, township, range,
				  and meridian, and showing the property boundary, for the point of water
				  withdrawal, impoundment, or diversion;
(B) the route of water
				  transmission;
(C) the point of
				  water use; and
(D) if water is to
				  be returned to a stream or water body, the point of return flow;
(4) evidence that the applicant
				  has obtained or is in the process of obtaining a right of access to the
				  property where water is to be withdrawn, impounded, or diverted, and over which
				  water is to be transported both to the point of use and to the point of return
				  flow;
(5) repealed
				  8/20/2004;
(6) a legal description
				  of the point of withdrawal, diversion, or impoundment; the point of water use;
				  and, if water is to be returned to a stream or water body, the point of return
				  flow; the legal description must include meridian, township, range, section,
				  and aliquot parts, or the lot, block, and subdivision, or survey number, as
				  appropriate;
(7) a description of
				  the source as being either surface or ground water; the description must
				  identify the name of the surface water source or the supply well log or well
				  data for ground water, if available;
(8) a description of any impoundment,
				  diversion, or withdrawal structures, including dimensions, construction
				  materials, plans and specifications, and operation plans, and an application to
				  construct or modify a dam, as defined in
				  AS
				  46.17.900, if
				  11 AAC 93.171 requires an
				  application;
(9) a description of
				  the nature of the water use and times of the year during which water is to be
				  used;
(10) a statement of the dates
				  water use is expected to begin and when the maximum amount will be beneficially
				  used;
(11) a statement of
				  beneficial use, signed before a notary or postmaster, if water is already in
				  use at the time of application;
(12) an application for a right-of-way, filed
				  in accordance with
				  AS
				  38.05.850, if access to or across state land
				  is needed;
(13) a statement of the
				  quantity of water requested, with documentation and calculations justifying the
				  request if either the use or quantity is different from those listed in (d) of
				  this section; and
(14) for a water
				  use of more than 100,000 gpd (0.15 cfs) from a stream, a description of the
				  mean annual flow, or mean monthly flow if available, using the best available
				  data, or, if data are not available, an estimate of mean annual flow using
				  hydrologic methods that the department determines to be reasonably
				  accurate.
(15) Repealed
				  12/27/2012.