(a) The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or is to be beneficially used, provided, that water supplied by one person to another person’s property is not appurtenant to the property unless the parties so intend. An appurtenant water right shall pass with a conveyance of the land, or transfer, or by operation of law unless specifically exempted from the conveyance.

Terms Used In Alaska Statutes 46.15.160

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: includes an individual, partnership, association, public or private corporation, state agency, political subdivision of the state, and the United States. See Alaska Statutes 46.15.260
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • 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) With the permission of the commissioner, all or any part of an appropriation may be severed from the land to which it is appurtenant, may be sold, leased or transferred for other purposes or to other land and be made appurtenant to other land. A permit or certificate or a deed, lease, contract, assignment of permit or other instrument transferring an appropriation must be filed in the office of the commissioner and a certified copy of the instrument must be recorded in the recorder’s office of the recording district in which the appropriation is located.
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