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Title 11 . Natural Resources
Chapter 93 . (No Regulations Filed)
Section 40. Application for a water right

11 AAC 93.040. Application for a water right

(a) A person may not lawfully appropriate a significant amount of water of the state without first obtaining a permit to appropriate, a certificate of appropriation, or a temporary water use authorization under this chapter.

(b) An application for a water right must be made on a form provided by the department. The form must be completed in accordance with the instructions furnished to the applicant.

(c) An application must include the following items:

(1) the applicable application fee prescribed in 11 AAC 05.010;

(2) evidence that the applicant has a present possessory interest in the property where the water is to be beneficially used, as shown by a copy of the deed, patent, license, leasehold agreement, mining location certificate, or other instrument, or a copy of a completed application that has been filed with the appropriate agency to acquire permission for the use of federal, state, or municipal property;

(3) a map identifying

(A) the section, township, range, and meridian, and showing the property boundary, for the point of water withdrawal, impoundment, or diversion;

(B) the route of water transmission;

(C) the point of water use; and

(D) if water is to be returned to a stream or water body, the point of return flow;

(4) evidence that the applicant has obtained or is in the process of obtaining a right of access to the property where water is to be withdrawn, impounded, or diverted, and over which water is to be transported both to the point of use and to the point of return flow;

(5) repealed 8/20/2004;

(6) a legal description of the point of withdrawal, diversion, or impoundment; the point of water use; and, if water is to be returned to a stream or water body, the point of return flow; the legal description must include meridian, township, range, section, and aliquot parts, or the lot, block, and subdivision, or survey number, as appropriate;

(7) a description of the source as being either surface or ground water; the description must identify the name of the surface water source or the supply well log or well data for ground water, if available;

(8) a description of any impoundment, diversion, or withdrawal structures, including dimensions, construction materials, plans and specifications, and operation plans, and an application to construct or modify a dam, as defined in AS 46.17.900 , if 11 AAC 93.171 requires an application;

(9) a description of the nature of the water use and times of the year during which water is to be used;

(10) a statement of the dates water use is expected to begin and when the maximum amount will be beneficially used;

(11) a statement of beneficial use, signed before a notary or postmaster, if water is already in use at the time of application;

(12) an application for a right-of-way, filed in accordance with AS 38.05.850 , if access to or across state land is needed;

(13) a statement of the quantity of water requested, with documentation and calculations justifying the request if either the use or quantity is different from those listed in (d) of this section;

(14) for a water use of more than 100,000 gpd (0.15 cfs) from a stream, a description of the mean annual flow, or mean monthly flow if available, using the best available data, or, if data are not available, an estimate of mean annual flow using hydrologic methods that the department determines to be reasonably accurate; and

(15) a completed coastal project questionnaire, required by 6 AAC 50, unless the water use is exempt from consistency review under 6 AAC 50.050.

(d) Standard water use quantities are

(1) single-family home, fully plumbed: 500 gpd;

(2) single-family home, partially plumbed: 250 gpd;

(3) single-family home, unplumbed: 75 gpd;

(4) duplex or triplex: 1,000 gpd;

(5) four-plex and larger housing: 250 gpd per unit;

(6) mobile home park: 250 gpd per trailer;

(7) motel or resort: 150 gpd per room;

(8) cattle, other than dairy cows: 12 gpd per animal;

(9) dairy cows: 35 gpd per animal;

(10) horses: 15 gpd per animal;

(11) sheep: 2 gpd per animal;

(12) goats: 3 gpd per animal;

(13) hogs: 4 gpd per animal;

(14) poultry or rabbits: 0.5 gpd per animal;

(15) dog (kennels): 1.0 gpd per animal; and

(16) commercial irrigation: 0.5 acre feet per year per acre.

History: Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 1/1/86, Register 96; am 11/7/90, Register 116; am 8/20/2004, Register 171

Authority: AS 46.15.020

AS 46.15.040

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Last modified 7/05/2006