Section 11.93.930. Procedure for the transfer and change of appropriations.

	(a)  A person with a permit to appropriate or certificate of appropriation who intends to change the location of the point of water withdrawal, diversion, or impoundment, depth of taking, nature of use, point of return flow, or place of use, or add points of withdrawal, diversion, or impoundment, shall apply in writing for permission to make the change and include the applicable fee prescribed in 11 AAC 05.010.  
	(b)  In determining whether a proposed change will be approved, the department will consider the effect of the proposed change on the water rights of other persons and the public interest. The department will provide for notice to water right holders of record who may be adversely affected, and to the Department of Fish and Game and the Department of Environmental Conservation, and post a notice on the Alaska Online Public Notice System as required under AS 44.62.175. However, the department will not provide notice for a request to change use of less than 5,000 gpd unless the department determines that providing notice is in the public interest or required by law. The department will accept written comments, and may hold a hearing, as provided in 11 AAC 93.080 - 11 AAC 93.110.  
	(c)  If the department determines that the proposed change will not adversely affect the water rights of other persons or the public interest, and that the proposed change does not constitute a significant change in beneficial use and is unlikely to adversely affect existing water uses, fish and wildlife habitat, or water quality, the department will amend and issue the permit to appropriate or certificate of appropriation to include the change.  
	(d)  If the department determines that the proposed change will not adversely affect the water rights of other persons or the public interest, but determines that the proposed change will constitute a significant change in beneficial use, a new use, or that the proposed change may adversely affect existing water uses, fish and wildlife habitat or water quality, the department may issue a change permit for a period of time that corresponds with the category of use and maximum period of time for issuance of a permit to appropriate under 11 AAC 93.120(b).  
	(e)  A change permit will not be issued, and a permit to appropriate or certificate of appropriation will not be amended, if it is proven to the satisfaction of the department that the change will adversely affect the water rights of permit holders and certificate holders of record, or if the department finds that the proposed change may adversely affect or impair the public interest or that the appropriation proposed to be changed has been abandoned or forfeited.  
	(f)  The department may grant a proposed change, or issue a change permit allowing the proposed use change, in whole or part, subject to conditions that the department considers necessary in order to avoid injury to the water rights of other persons or to the public interest.  
	(g)  If a change permittee demonstrates that the change has been put into effect during the period of time prescribed in 11 AAC 93.120(h), the department will issue an amended certificate to reflect that the water right has changed subject to the terms and conditions imposed by the department.  
	(h)  The department will record any amended certificate in the appropriate recorder's office.  

Authorities

46.15.020;46.15.160

Notes

Authority

AS 46.15.020 AS 46.15.160

History

Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171