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When a lessee of state land applies for a water right, water required for the use and enjoyment of the leasehold may be appropriated for the lessee's use. The lessee shall comply with the provisions of 11 AAC 93.040 - 11 AAC 93.140 in securing the appropriation. If the commissioner approves the appropriation, the appropriation will be granted to the lessee and will be for the benefit of the leased land. Upon an assignment of the lease, the water right remains for the benefit of the leased land. Upon termination of the lease or upon the expiration of the permit issued under 11 AAC 93.120, the water right is considered intentionally abandoned, unless the lessee exercises a preference right to purchase the land, or unless the commissioner grants an extension of the water right beyond the lease term for good cause shown or assigns the water right to a state agency. The water right thus granted must be consistent with the provisions of the lease itself, this chapter, and AS 46.15.
History: Eff. 12/29/79, Register 72; am 11/7/90, Register 116
Authority: AS 46.15.020
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Last modified 7/05/2006