Difference between revisions of "RAPID/Roadmap/19-AK-b"

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|Flowchart=File:19AKBTemporaryUseOfWaterPermit.pdf
 
|Flowchart=File:19AKBTemporaryUseOfWaterPermit.pdf
 
|Technology=Geothermal
 
|Technology=Geothermal
|PermitOverview=In Alaska, water is declared a public resource belonging to the people of the state to be managed by the state for maximum benefit to the public.  All surface and subsurface waters on all lands in Alaska are reserved to the people for common use and are subject to appropriation in accordance with the [http://www.touchngo.com/lglcntr/akstats/Statutes/Title46/Chapter15.htm Alaska Water Use Act].  For more information on the water rights and water access process in Alaska, see the ML&W Fact Sheet: '''[http://dnr.alaska.gov/mlw/factsht/wtr_fs/wtr_rght.pdf Water Rights in Alaska]'''.
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|PermitOverview=In Alaska, water is declared a public resource belonging to the people of the state to be managed by the state for maximum benefit to the public.  All surface and subsurface waters on all lands in Alaska are reserved to the people for common use and are subject to appropriation in accordance with the [[Title 46 Alaska Statutes Chapter 15 Water Use Act|Alaska Water Use Act]].  For more information on the water rights and water access process in Alaska, see the [[Alaska Division of Mining Land and Water|Division of Mining Land and Water (DMLW)]] Fact Sheet: '''[http://dnr.alaska.gov/mlw/factsht/wtr_fs/wtr_rght.pdf Water Rights in Alaska]'''.
  
According to [http://www.legis.state.ak.us/basis/statutes.asp?title=41 AS 41.06.060], "geothermal fluid" means liquids and steam at temperatures greater than 120 degrees Celsius or any commercial use of liquids and steam naturally present in a geothermal system at temperatures less than 120 degrees Celsius.  Water at temperatures below 120 degrees Celsius must be acquired through appropriation.
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According to [[Title 41 Alaska Statutes Section 06.060 Geothermal Resources Definitions|Alaska Stat. § 41.06.060]], "geothermal fluid" means liquids and steam at temperatures greater than 120 degrees Celsius or any commercial use of liquids and steam naturally present in a geothermal system at temperatures less than 120 degrees Celsius.  Water at temperatures below 120 degrees Celsius must be acquired through appropriation.
 
|Description===19-AK-b.1 - Application for Temporary Use of Water==
 
|Description===19-AK-b.1 - Application for Temporary Use of Water==
  
A person must receive authorization from [[Alaska Division of Mining Land and Water | ML&W]] before temporary use of a significant amount of water under 11 AAC 93.035. The [http://dnr.alaska.gov/mlw/forms/water/twp_app.pdf Application for Temporary Use of Water] must be made on this form approved by the department and completed in accordance with the instructions in 11 AAC 93.220.
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A person must receive authorization from [[Alaska Division of Mining Land and Water | ML&W]] before temporary use of a significant amount of water under [[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, § 93.035]]. The [http://dnr.alaska.gov/mlw/forms/water/twp_app.pdf Application for Temporary Use of Water] must be made on this form approved by the department and completed in accordance with the instructions in [[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, § 93.220]].
  
[http://www.touchngo.com/lglcntr/akstats/aac/title11/chapter093/section035.htm 11 AAC 93.035]:
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[[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, § 93.035]]:
 
:(a) A significant amount of water is that amount of water for which an application for a water right or an application for a temporary water use authorization is required, as described in (b) of this section.
 
:(a) A significant amount of water is that amount of water for which an application for a water right or an application for a temporary water use authorization is required, as described in (b) of this section.
:(b) A person shall file an application for a water right under [http://www.touchngo.com/lglcntr/akstats/aac/title11/chapter093/section040.htm 11 AAC 93.040] or for a temporary water use authorization under [http://www.touchngo.com/lglcntr/akstats/aac/title11/chapter093/section220.htm 11 AAC 93.220] before
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:(b) A person shall file an application for a water right under [[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, § 93.040]] or for a temporary water use authorization under [[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, § 93.220]] before
 
::(1) the consumptive use of more than 5,000 gallons of water from a single source in a single day;
 
::(1) the consumptive use of more than 5,000 gallons of water from a single source in a single day;
 
::(2) the regular daily or recurring consumptive use of more than 500 gpd from a single source for more than 10 days per calendar year;
 
::(2) the regular daily or recurring consumptive use of more than 500 gpd from a single source for more than 10 days per calendar year;
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==19-AK-b.5 - Permit for Temporary Use of Water==
 
==19-AK-b.5 - Permit for Temporary Use of Water==
  
A permit to drill well or divert water under a temporary permit allows the permitee to use water for less than 5 years under the specific permit conditions.  A water right or priority is not established by a temporary water use authorization issued under 11 AAC 93.220.  Authorized temporary water use is subject to amendment, modification, or revocation by the department if the department determines that amendment, modification, or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest.
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A permit to drill well or divert water under a temporary permit allows the permitee to use water for less than 5 years under the specific permit conditions.  A water right or priority is not established by a temporary water use authorization issued under [[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, § 93.220]].  Authorized temporary water use is subject to amendment, modification, or revocation by the department if the department determines that amendment, modification, or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest.
  
  
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[http://dnr.alaska.gov/mlw/forms/water/twp_app.pdf Application for Temporary Use of Water];
 
[http://dnr.alaska.gov/mlw/forms/water/twp_app.pdf Application for Temporary Use of Water];
 
ML&W [http://dnr.alaska.gov/mlw/mapguide/wr_intro.cfm Water Maps and Data Reporting Program];
 
ML&W [http://dnr.alaska.gov/mlw/mapguide/wr_intro.cfm Water Maps and Data Reporting Program];
|Regulations=[http://www.touchngo.com/lglcntr/akstats/Statutes/Title46/Chapter15.htm Alaska Water Use Act];
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|Regulations=[[Title 46 Alaska Statutes Chapter 15 Water Use Act|Alaska Stat. § 46.15 - Alaska Water Use Act]];
 
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[[Title 41 Alaska Statutes Section 06.060 Geothermal Resources Definitions|Alaska Stat. § 41.06.060 - Geothermal Resources Definitions]];
[http://www.legis.state.ak.us/basis/folio.asp Alaska Statutes];
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[[Title 11 Alaska Administrative Code Chapter 93 Water Management|Alaska Admin. Code tit. 11, ch. 93 - Water Management]]
[http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac Alaska Administrative Code];
 
 
|ImportPrefix=19-AK-b
 
|ImportPrefix=19-AK-b
 
}}
 
}}
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|Agencies=
 
|Stati=
 
|Stati=
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|Pplant=
 
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|Impact=

Revision as of 14:48, 12 September 2014

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Alaska Temporary Use of Water Permit (19-AK-b)

In Alaska, water is declared a public resource belonging to the people of the state to be managed by the state for maximum benefit to the public. All surface and subsurface waters on all lands in Alaska are reserved to the people for common use and are subject to appropriation in accordance with the Alaska Water Use Act. For more information on the water rights and water access process in Alaska, see the Division of Mining Land and Water (DMLW) Fact Sheet: Water Rights in Alaska. According to Alaska Stat. § 41.06.060, "geothermal fluid" means liquids and steam at temperatures greater than 120 degrees Celsius or any commercial use of liquids and steam naturally present in a geothermal system at temperatures less than 120 degrees Celsius. Water at temperatures below 120 degrees Celsius must be acquired through appropriation.



Temporary Use of Water Permit Process


19-AK-b.1 - Application for Temporary Use of Water

A person must receive authorization from ML&W before temporary use of a significant amount of water under Alaska Admin. Code tit. 11, § 93.035. The Application for Temporary Use of Water must be made on this form approved by the department and completed in accordance with the instructions in Alaska Admin. Code tit. 11, § 93.220.

Alaska Admin. Code tit. 11, § 93.035:

(a) A significant amount of water is that amount of water for which an application for a water right or an application for a temporary water use authorization is required, as described in (b) of this section.
(b) A person shall file an application for a water right under Alaska Admin. Code tit. 11, § 93.040 or for a temporary water use authorization under Alaska Admin. Code tit. 11, § 93.220 before
(1) the consumptive use of more than 5,000 gallons of water from a single source in a single day;
(2) the regular daily or recurring consumptive use of more than 500 gpd from a single source for more than 10 days per calendar year;
(3) the non-consumptive use of more than 30,000 gpd (0.05 cubic feet per second) from a single source; or
(4) any water use that may adversely affect the water rights of other appropriators or the public interest.


19-AK-b.2 - Public Notice and Application Review

Alaska Division of Mining Land and Water may consider any pertinent information, in addition to that provided in the application, in deciding whether to authorize or deny temporary use of water. The reason for the decision will be furnished to a person who is denied a temporary water use authorization and to a person who has filed an objection.


19-AK-b.3 to 19-AK-b.4 - Is Application Consistent with 11 AAC Article 4

Alaska Division of Mining Land and Water will approve the temporary use of water if it is consistent with the provisions in 11 AAC, Article 4, which govern temporary uses of water in Alaska.


19-AK-b.5 - Permit for Temporary Use of Water

A permit to drill well or divert water under a temporary permit allows the permitee to use water for less than 5 years under the specific permit conditions. A water right or priority is not established by a temporary water use authorization issued under Alaska Admin. Code tit. 11, § 93.220. Authorized temporary water use is subject to amendment, modification, or revocation by the department if the department determines that amendment, modification, or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest.


19-AK-b.6 - Proceed with Temporary Water Use (Up to 5-Years)

Temporary water use is limited to 5-years use. However, upon the commissioner's receipt of a written request from the permittee, an authorization for temporary use of water will, in the commissioner's discretion, be extended one time for good cause for a period of time not to exceed five years.


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