HB 421: "An Act relating to water use and appropriation."
00 HOUSE BILL NO. 421 01 "An Act relating to water use and appropriation." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 46.15.020(b)(2) is amended to read: 04 (2) develop and maintain a standardized procedure for processing 05 applications and the issuance of authorizations, permits, and certifications under 06 this chapter; shall keep a public record of all applications for permits and certificates 07 and other documents filed in the commissioner's office; [AND] shall record all permits 08 and certificates and amendments and orders affecting them and shall index them in 09 accordance with the source of the water and the name of the applicant or appropriator; 10 and shall make the record of applications, authorizations, permits, certificates, 11 amendments, and orders affecting them available to the public on the Internet; 12 * Sec. 2. AS 46.15.035 is amended by adding a new subsection to read: 13 (f) A use of water in which water is removed from a water source within a 14 hydrologic unit and is returned to a water body into which that water source ultimately 15 discharges is not a removal of water under this section.
01 * Sec. 3. AS 46.15.080 is amended by adding a new subsection to read: 02 (c) Notwithstanding (b) of this section, the commissioner shall find that a 03 proposed use or appropriation of water is beneficial and in the public interest if 04 (1) the use or appropriation involves the transformation of the water 05 from a liquid state to a solid state and, after its use, the water is transformed back to a 06 liquid state and a substantial portion of the water then returns, whether by natural or 07 other means, to the hydrologic unit from which it was removed or to a water body into 08 which that hydrologic unit ultimately discharges; and 09 (2) the commissioner has consulted with the commissioners of fish and 10 game and environmental conservation concerning the use or appropriation. 11 * Sec. 4. AS 46.15.090 is amended to read: 12 Sec. 46.15.090. Preference in granting permits. When there are competing 13 applications for water from the same source [,] and the source is insufficient to supply 14 all applicants, the commissioner shall give preference first to public water supply, 15 then to uses that aid the development of natural resources for the economic 16 benefit of the state, and then to the use that, alone or in combination with other 17 foreseeable uses, will constitute the most beneficial use. 18 * Sec. 5. AS 46.15.133(a) is amended to read: 19 (a) If the commissioner proposes a sale of water under AS 46.15.037 or 20 receives an application for removal of water under AS 46.14.035 or appropriation of 21 water [OR REMOVAL], the commissioner shall prepare a notice containing the 22 location and extent of the proposed sale, appropriation, or removal, the name and 23 address of the applicant, if applicable, and other information the commissioner 24 considers pertinent. The notice shall state that, within 15 days of publication or 25 service of notice, persons may file with the director written objections, stating the 26 name and address of the objector, and any facts tending to show that rights of the 27 objector or the public interest would be adversely affected by the proposed sale, 28 appropriation, or removal. 29 * Sec. 6. AS 46.15.133(f) is amended to read: 30 (f) The commissioner may, by regulation, [DESIGNATE TYPES OF 31 APPROPRIATIONS THAT ARE EXEMPT FROM THIS SECTION AND] provide
01 simplified procedures for ruling on [THE] applications for uses or appropriations 02 described under AS 46.15.080(c) and for other applications for uses or 03 appropriations of water for preferred uses under AS 46.15.090. The 04 commissioner may not provide simplified procedures for [EXEMPT UNDER THIS 05 SUBSECTION] appropriations for removal under AS 46.15.035, appropriations by the 06 state for sale or sales by the state under AS 46.15.037, or removals of water under 07 AS 46.15.035 and 46.15.037. 08 * Sec. 7. AS 46.15.150(a) is amended to read: 09 (a) An applicant who asserts and proves a preferred use shall be granted a 10 permit and shall be granted preference over other appropriators. A preferred use of 11 water is for a public water supply or to facilitate the development of natural 12 resources for the economic benefit of the state. 13 * Sec. 8. AS 46.15.155(a) is amended to read: 14 (a) Notwithstanding any contrary provision of this chapter, the commissioner 15 may authorize the temporary use of a significant amount of water, as determined by 16 the department by regulation, for a period of time not to exceed five consecutive years, 17 if the water applied for has not been appropriated in accordance with this chapter and 18 the authorization for use does not involve the sale of water under AS 46.15.037 or 19 the removal of water under AS 46.15.035. 20 * Sec. 9. AS 46.15.155 is amended by adding a new subsection to read: 21 (j) The commissioner may authorize the emergency temporary use of water if 22 the commissioner finds that (1) the temporary use of water is needed immediately or 23 within one week of the application; (2) the temporary use of water will not continue 24 for more than one week following the authorization; (3) the need for the temporary use 25 of water was not reasonably foreseeable by the applicant; and (4) notice of the 26 temporary use of water is provided to the Department of Fish and Game and the 27 Department of Environmental Conservation before the beginning of the temporary use 28 of water.