Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 10 - General Provisions › 11 AAC 93.930 - Procedure for the transfer and change of appropriations

Current through May 31, 2024
(a) A person with a
				  permit to appropriate or certificate of appropriation who intends to change the
				  location of the point of water withdrawal, diversion, or impoundment, depth of
				  taking, nature of use, point of retum flow, or place of use, or add points of
				  withdrawal, diversion, or impoundment, shall apply in writing for permission to
				  make the change and include the applicable fee prescribed in 11 AAC 05.260.
(b) In determining whether a
				  proposed change will be approved, the department will consider the effect of
				  the proposed change on the water rights of other persons and the public
				  interest. The department will provide for notice to water right holders of
				  record who may be adversely affected, and to the Department of Fish and Game
				  and the Department of Environmental Conservation, and post a notice on the
				  Alaska Online Public Notice System as required under
				  AS
				  44.62.175. However, the department will not
				  provide notice for a request to change use of less than 5,000 gpd unless the
				  department determines that providing notice is in the public interest or
				  required by law. The department will accept written comments, and may hold a
				  hearing, as provided in
				  11 AAC 93.080 -
				  11 AAC 93.110.
(c) If the department determines that the
				  proposed change will not adversely affect the water rights of other persons or
				  the public interest, and that the proposed change does not constitute a
				  significant change in beneficial use and is unlikely to adversely affect
				  existing water uses, fish and wildlife habitat, or water quality, the
				  department will amend and issue the permit to appropriate or certificate of
				  appropriation to include the change.
(d) If the department determines that the
				  proposed change will not adversely affect the water rights of other persons or
				  the public interest, but determines that the proposed change will constitute a
				  significant change in beneficial use, a new use, or that the proposed change
				  may adversely affect existing water uses, fish and wildlife habitat or water
				  quality, the department may issue a change permit for a period of time that
				  corresponds with the category of use and maximum period of time for issuance of
				  a permit to appropriate under
				  11 AAC 93.120(b).
(e) A change permit will not be issued, and a
				  permit to appropriate or certificate of appropriation will not be amended, if
				  it is proven to the satisfaction of the department that the change will
				  adversely affect the water rights of permit holders and certificate holders of
				  record, or if the department finds that the proposed change may adversely
				  affect or impair the public interest or that the appropriation proposed to be
				  changed has been abandoned or forfeited.
(f) The department may grant a proposed
				  change, or issue a change permit allowing the proposed use change, in whole or
				  part, subject to conditions that the department considers necessary in order to
				  avoid injury to the water rights of other persons or to the public
				  interest.
(g) If a change permittee
				  demonstrates that the change has been put into effect during the period of time
				  prescribed in
				  11 AAC 93.120(h),
				  the department will issue an amended certificate to reflect that the water
				  right has changed subject to the terms and conditions imposed by the
				  department.
(h) The department will
				  record any amended certificate in the appropriate recorder's office.
Authority:
AS
						46.15.020
AS
						46.15.160