(a) The state may timely intervene as a party in a superior court action potentially involving a determination of the validity, quantity, use, reservation, or priority of water rights.

Terms Used In Alaska Statutes 46.15.168

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • commissioner: means the commissioner of natural resources. See Alaska Statutes 46.15.260
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. 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) The commissioner may accept a remand from a state or federal court of a water rights dispute and may administratively adjudicate the dispute under Alaska Stat. § 46.15.165.
(c) The commissioner may enter into arbitration to resolve a water rights dispute.
(d) The commissioner may incorporate and apply as binding upon the parties to an administrative adjudication under Alaska Stat. § 46.15.165 any court decree concerning the state hydrologic regime involved in the adjudication.
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