(a) The commissioner shall issue a permit if the commissioner finds that

Terms Used In Alaska Statutes 46.15.080

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • appropriation: means the diversion, impounding, or withdrawal of a quantity of water from a source of water for a beneficial use or the reservation of water under Alaska Stat. See Alaska Statutes 46.15.260
  • commissioner: means the commissioner of natural resources. See Alaska Statutes 46.15.260
  • water: means all water of the state, surface and subsurface, occurring in a natural state, except mineral and medicinal water. See Alaska Statutes 46.15.260
(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.
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