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(a) Except as provided in (f) of this section, if the commissioner has reason to believe that all or part of an appropriation has been abandoned or forfeited, the certificate holder will be notified that the commissioner intends to revoke the certificate for nonuse, to the extent of the nonuse. The revocation notice will be sent by certified mail, return receipt requested, to the last known address on record with the department.
(b) If the certificate holder desires to retain the appropriation, the certificate holder must file an objection within 30 days after receipt of the revocation notice. The certificate holder has 60 days after the date the objection is filed to submit proof that the appropriation has been neither abandoned nor forfeited. The proof must be in writing, and may include statements or affidavits, sworn testimony of witnesses, documents, and other relevant evidence. The commissioner will, in his or her discretion, hold a hearing in order to gather additional information, evidence, or testimony on the proposed revocation.
(c) If the proof substantiates that the appropriation has not been abandoned or forfeited, the commissioner will rescind the revocation notice. The holder will be notified of the decision by certified mail.
(d) If the proof does not substantiate that the appropriation has been neither abandoned nor forfeited, the commissioner will declare the appropriation abandoned or forfeited and revoke the certificate in whole or in part depending on the extent of nonuse. The commissioner will record the decision, and any amended certificate, in the appropriate recording office. In addition, the commissioner will, in his discretion, secure a court order for the removal of the works of appropriation.
(e) If necessary, the commissioner will, in his or her discretion, require a record of use to be submitted on a specified regular basis.
(f) If a certificate holder voluntarily relinquishes his or her water right by submitting a notice of relinquishment or a signed, notarized letter stating that all or part of the water right is being relinquished and stating the amount being relinquished, the notice requirement under (a) does not apply and the water right will be considered abandoned. The certificate will be revoked in whole or in part, and a copy of the revocation decision will be sent to the certificate holder. Any amended certificate will be recorded by the commissioner in the appropriate recorder's office.
History: Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116
Authority: AS 46.15.020
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Last modified 7/05/2006