- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 15. Water Use Act
- Section 133. Notices; Objections.
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. [Renumbered as AS 46.15.050
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. [Renumbered as AS 46.15.065
AS 46.15.133. Notices; Objections.
- (a) If the commissioner proposes a sale of water or receives an application for appropriation or removal, the commissioner
shall prepare a notice containing the location and extent of the proposed sale, appropriation, or removal, the name and
address of the applicant, if applicable, and other information the commissioner considers pertinent. The notice shall
state that within 15 days of publication or service of notice, persons may file with the director written objections,
stating the name and address of the objector, and any facts tending to show that rights of the objector or the public
interest would be adversely affected by the proposed sale, appropriation, or removal.
- (b) The commissioner shall publish the notice in one issue of a newspaper of general distribution in the area of the state
in which the water is to be appropriated, removed, or sold. The commissioner shall also have notice served personally
or by certified mail upon an appropriator of water or applicant for or holder of a permit who, according to the records
of the division of lands, may be affected by the proposed sale, appropriation, or removal and may serve notice upon any
governmental agency, political subdivision, or person; notice shall also be served upon the Department of Fish and Game
and the Department of Environmental Conservation. An applicant for an appropriation or removal shall pay the
commissioner's costs in providing publication and notice under this subsection. The commissioner may require as a
condition of a sale of water under AS 46.15.037
, that a purchaser of water reimburse the department for the costs associated with providing notice of the proposed
- (c) Within 15 days of publication or service of notice, an interested person may file an objection. The commissioner may
hold hearings upon giving due notice and shall grant, deny, or condition the proposed sale or application for
appropriation or removal in whole or in part within 30 days of receipt of the last objection or, if the commissioner
elects to hold hearings, within 180 days of receipt of the last objection. Notice of the order or decision shall be
served personally or mailed to any person who has filed an objection.
- (d) If no objection is filed, the commissioner may proceed to make a determination upon the application for appropriation
or removal or the proposal for sale.
- (e) A person aggrieved by the action of the commissioner or by the failure of the commissioner to grant, deny, or
condition a proposed sale or an application for appropriation or removal in accordance with (c) of this section may
appeal to the superior court.
- (f) The commissioner may, by regulation, designate types of appropriations that are exempt from this section and provide
simplified procedures for ruling on the applications. The commissioner may not exempt under this subsection
appropriations for removal under AS 46.15.035,
appropriations by the state for sale or sales by the state under AS 46.15.037
, or removals of water under AS 46.15.035
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