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If a lessee of privately owned 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. The commissioner will give notice by certified mail to the lessor that a water right has been applied for on the lessor's land. The appropriation, if granted, will be issued to the lessee and will be for the benefit of the leased land. Upon termination of the lease and nonuse of water by the lessor or subsequent lessee for five years, or upon the expiration of the permit issued under 11 AAC 93.120, the water right is considered intentionally abandoned. The water right thus granted must be consistent with the provisions of the lease itself, this chapter, and AS 46.15.
History: Eff. 11/7/90, Register 116
Authority: AS 46.15.020
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Last modified 7/05/2006