SB 202: "An Act relating to the removal, appropriation, and purchase of state water by municipalities; and providing for an effective date."
00SENATE BILL NO. 202 01 "An Act relating to the removal, appropriation, and purchase of state water by 02 municipalities; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.15.035(a) is amended to read: 05 (a) Water may not be removed from the hydrologic unit from which it was 06 appropriated to another hydrologic unit, inside or outside the state, without being 07 returned to the hydrologic unit from which it was appropriated nor may water be 08 appropriated for removal from the hydrologic unit from which the appropriation is 09 sought to another hydrologic unit, inside or outside the state, without the water being 10 returned to the hydrologic unit from which it is to be appropriated, unless the 11 commissioner 12 (1) finds that the water to be removed or appropriated for removal is 13 surplus to needs within the hydrologic unit from which the water is to be removed or 14 appropriated for removal, including fishing, mining, timber, oil and gas, agriculture,
01 domestic water supply, and other needs as determined by the commissioner; 02 (2) finds that the application for removal or appropriation for removal 03 meets the requirements of AS 46.15.080; and 04 (3) assesses a water conservation fee under (b) of this section, except 05 that this paragraph does not apply if the water is being removed or appropriated 06 for removal by a municipality. 07 * Sec. 2. AS 46.15.035(b) is amended to read: 08 (b) The commissioner shall establish, by regulation, a water conservation fee 09 for a use of water in which the water is removed from the hydrologic unit from which 10 it was appropriated to another hydrologic unit inside or outside the state, without the 11 water being returned to the hydrologic unit from which it was appropriated. The fee 12 established under this subsection shall be graduated to encourage the conservation of 13 water. The commissioner may not charge a municipality the fee established under 14 this section. 15 * Sec. 3. AS 46.15.037(a) is amended to read: 16 (a) The commissioner may provide for the sale of water by the state if 17 (1) the water has first been appropriated to the state in accordance with 18 the requirements of this chapter; and 19 (2) the commissioner determines that 20 (A) the water is surplus to needs within the hydrologic unit 21 from which it was appropriated, including fishing, mining, timber, oil and gas, 22 agriculture, domestic water supply, and other needs as determined by the 23 commissioner; 24 (B) the proposed sale of the water meets the requirements of 25 AS 46.15.080; and 26 (C) the sale price of the water is based upon the fair market 27 value of the water; this subparagraph does not apply if the water is sold to 28 a municipality. 29 * Sec. 4. AS 46.15.037(c) is amended to read: 30 (c) If water to be sold by the state under (a) of this section, is to be removed 31 from the hydrologic unit from which it was appropriated to another hydrologic unit,
01 inside or outside the state, without being returned to the hydrologic unit from which 02 it was appropriated, the commissioner may not sell the water unless the sale meets the 03 requirements of (a)(2) of this section, a water conservation fee is assessed under 04 AS 46.15.035 except when the purchaser is a municipality, and, if the water to be 05 sold is from a lake, river, or stream that is used by fish for spawning, incubation, 06 rearing, or migration, or ground water that significantly influences the volume of water 07 in a lake, river, or stream that is used by fish for spawning, incubation, rearing, or 08 migration, the commissioner reserves a volume of water in the lake or an instream 09 flow in the river or stream for the use of fish and to maintain habitat for fish. The 10 commissioner may adjust the volume of water reserved under this subsection if the 11 commissioner, after public notice and opportunity to comment and with the 12 concurrence of the commissioner of fish and game, finds that the best interests of the 13 state are served by the adjustment. A reservation under this subsection 14 (1) of a volume of water or an instream flow for the use of fish and to 15 maintain habitat for fish that is reserved under this section is withdrawn from 16 appropriation; 17 (2) for fish from a lake, river, or stream, identified under AS 16.05.870 18 or identified in a Department of Fish and Game regional guide as being used by fish 19 for spawning, incubation, rearing, or migration on or before the effective date of this 20 section, has a priority date as of the effective date of this section; 21 (3) is not subject to AS 46.15.145; 22 (4) of water does not apply to appropriations under this section of 23 ground water of 5,000 gallons or less a day unless the commissioner, in consultation 24 with the Department of Fish and Game, determines that the appropriation may 25 adversely affect fish habitat in a lake, river, or stream; the commissioner shall consider 26 multiple appropriations of water for a single related use as a single appropriation for 27 the purposes of this subsection. 28 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).