Sec. 46.15.080. Criteria for issuance of permit.

170 words·~1 min read·/ak/title-46/chapter-15/46-15-080

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The commissioner shall issue a permit if the commissioner finds that

(1)rights of a prior appropriator will not be unduly affected;

(2)the proposed means of diversion or construction are adequate;

(3)the proposed use of water is beneficial; and

(4)the proposed appropriation is in the public interest.

(b)In determining the public interest, the commissioner shall consider

(1)the benefit to the applicant resulting from the proposed appropriation;

(2)the effect of the economic activity resulting from the proposed appropriation;

(3)the effect on fish and game resources and on public recreational opportunities;

(4)the effect on public health;

(5)the effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation;

(6)harm to other persons resulting from the proposed appropriation;

(7)the intent and ability of the applicant to complete the appropriation; and

(8)the effect upon access to navigable or public water.