00                            SENATE BILL NO. 68                                                                          
01 "An Act relating to public notice for a sale, appropriation, or removal of water, or for                                
02 filing a declaration of a right of water; and providing for an effective date."                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 46.15.065(b) is amended to read:                                                                   
05            (b)  The commissioner shall, as soon as practicable, determine the rights of                                 
06       persons owning existing appropriations. To accomplish this, the commissioner shall                                
07                 (1)  by order set a definite period for filing a declaration of                                         
08       appropriation within a specified area or from a specified source;                                                 
09                 (2)  publish notice of the order on the Alaska Online Public Notice                                 
10       System (AS 44.62.175) [ONCE A WEEK FOR] three weeks before the beginning of                                   
11       the period [IN A NEWSPAPER OF GENERAL CIRCULATION IN THE                                                          
12       AFFECTED AREA];                                                                                                   
13                 (3)  give notice of the order by certified mail to any appropriator within                              
14       the specified area or from the specified source who has requested mailed notice or of                             

01 whom the commissioner can readily obtain knowledge, including each owner of a                                       
02       recorded mining claim.                                                                                            
03    * Sec. 2. AS 46.15.133(b) is amended to read:                                                                      
04 (b)  The commissioner shall publish the notice on the Alaska Online Public                                          
05 Notice System (AS 44.62.175) [IN ONE ISSUE OF A NEWSPAPER OF GENERAL                                                
06 DISTRIBUTION IN THE AREA OF THE STATE IN WHICH THE WATER IS TO                                                          
07 BE APPROPRIATED, REMOVED, OR SOLD]. The commissioner shall also have                                                    
08 notice served personally or by certified mail on [UPON] an appropriator of water or                                 
09 applicant for or holder of a permit who, according to the records of the division of                                    
10 lands, may be affected by the proposed sale, appropriation, or removal and may serve                                    
11 notice on [UPON] any governmental agency, political subdivision, or person; notice                                  
12 shall also be served on [UPON] the Department of Fish and Game and the Department                                   
13 of Environmental Conservation. An applicant for an appropriation or removal shall                                       
14 pay the commissioner's costs in providing publication and notice under this                                             
15 subsection. The commissioner may require as a condition of a sale of water under                                        
16 AS 46.15.037 [,] that a purchaser of water reimburse the department for the costs                                       
17       associated with providing notice of the proposed sale.                                                            
18    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).