Terms Used In Alaska Statutes > Title 46 > Chapter 15 > Article 2 - Appropriation and Use of Water

• action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• appropriate: means to divert, impound, or withdraw a quantity of water from a source of water, for a beneficial use or to reserve water under Alaska Stat. See Alaska Statutes 46.15.260
• 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
• beneficial use: means a use of water for the benefit of the appropriator, other persons or the public, that is reasonable and consistent with the public interest, including, but not limited to, domestic, agricultural, irrigation, industrial, manufacturing, fish and shellfish processing, navigation and transportation, mining, power, public, sanitary, fish and wildlife, recreational uses, and maintenance of water quality. See Alaska Statutes 46.15.260
• commissioner: means the commissioner of natural resources. See Alaska Statutes 46.15.260
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• director: means the director of the division of lands, Department of Natural Resources. See Alaska Statutes 46.15.260
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• source of water: means a substantial quantity of water capable of being put to beneficial use. See Alaska Statutes 46.15.260
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Venue: The geographical location in which a case is tried.
• 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
• writing: includes printing. See Alaska Statutes 01.10.060