(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.

Terms Used In Alaska Statutes 46.15.150

  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
(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.
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