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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 11. Natural Resources. |
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Part 11.1. Office of the Commissioner. |
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Chapter 11.93. Water Management. |
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Article 11.93.1. Existing Rights. |
Section 11.93.010. "Existing rights" defined.
Latest version.
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Existing rights (also called "grandfather rights") are those water use rights established on or before July 1, 1966, by one of the following means: (1) a lawful common law or customary appropriation or use of water, such as, but not limited by example, the use of water by the holder of a mining claim including within the claim boundaries both banks of the stream from which the water was taken, or the use of water following the posting of a notice of appropriation at the point of diversion, construction of a means of diversion, and recording of a notice of appropriation; (2) beneficial use of water at any time during the period from July 1, 1961 - July 1, 1966; or (3) construction of a means for appropriating water for a beneficial use if construction was in progress on July 1, 1966.
Authorities
46.15.020;46.15.060