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Title 11 . Natural Resources
Chapter 93 . (No Regulations Filed)
Section 10. "Existing rights" defined

11 AAC 93.010. "Existing rights" defined

Existing rights (also called "grandfather rights") are those water use rights established on or before July 1, 1966, by one of the following means:

(1) a lawful common law or customary appropriation or use of water, such as, but not limited by example, the use of water by the holder of a mining claim including within the claim boundaries both banks of the stream from which the water was taken, or the use of water following the posting of a notice of appropriation at the point of diversion, construction of a means of diversion, and recording of a notice of appropriation;

(2) beneficial use of water at any time during the period from July 1, 1961 - July 1, 1966; or

(3) construction of a means for appropriating water for a beneficial use if construction was in progress on July 1, 1966.

History: Eff. 2/8/67, Register 23; am 12/29/79, Register 72

Authority: AS 46.15.020

AS 46.15.060

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Last modified 7/05/2006