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(a) The commissioner will review a reservation of water at least once each 10 years after the date of issuance of the certificate of reservation. The commissioner will, in his or her discretion, review a reservation of water in fewer than 10 years if circumstances warrant a review. These circumstances might include
(1) a condition on the certificate of reservation requiring an earlier review, under 11 AAC 93.146(d) (2);
(2) a significant change affecting the water resource;
(3) a subsequent applicant's protest of the justification for the reservation of water if water might be unavailable to both maintain the reservation of water and to grant the applicant's request; or
(4) a written request by the certificate holder to the department, seeking authority to abandon, convey, transfer, assign, or convert the certificate of reservation to another use; the fee required under 11 AAC 05.010 must accompany the request.
(b) Upon review of a reservation of water, the commissioner will determine
(1) if the purpose for the reservation still applies;
(2) if the need for the reservation still exists;
(3) the effects of the reservation on prior appropriators;
(4) the effects of the reservation on the public interest;
(5) repealed 11/7/90;
(6) if additional physical, biological, water chemistry, and socio-economic data or reports concerning the reservation are available;
(7) if the quantity or level of water reserved is adequate for the purposes of the reservation;
(8) if the daily duration and months of the year of the reservation still apply; and
(9) if additional research, data collection, and analysis should be conducted, or different methodologies employed for reviewing the reservation.
(c) The commissioner will, in his or her discretion, require that additional research, data collection, and analysis be conducted or different methods used for reviewing the reservation of water. Costs of conducting additional research, data collection, and analysis, and of using a different methodology will be borne by the protestant if a protest regarding the reservation has been filed with the department. In other cases, these costs will be borne by the state. If the certificate holder desires expedited review, the commissioner will, in his or her discretion, require the certificate holder to bear the costs.
(d) The commissioner will provide written notice, as provided in 11 AAC 93.145(a) , of a review of a reservation of water in order to solicit information that might be pertinent to the review. The commissioner will, in his or her discretion, hold a hearing on the review of a reservation of water.
(e) In accordance with the procedural requirements of 11 AAC 93.940, the commissioner will determine whether the purpose for the reservation of water, and his or her original findings of fact in granting the reservation, have been significantly altered by subsequent events. If the purpose of the reservation or all or part of the findings in granting the reservation no longer apply to the reservation, the commissioner will, in his or her discretion, amend the certificate of reservation or revoke all or part of it in accordance with AS 46.15.145 (f) and 11 AAC 93.940. The commissioner's final decision to amend or revoke all or part of a certificate of reservation will be summarized by written findings of fact and conclusions of law. The commissioner will record any amended certificate of reservation in the appropriate recorder's office.
History: Eff. 9/11/83, Register 87; am 11/7/90, Register 116; am 2/15/2006, Register 177
Authority: AS 46.15.020
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Last modified 7/05/2006