A reservation of water for one use may also allow that
same water to be used or reserved for another purpose. For
example, a reservation for recreation may also benefit fish
spawning.
Like an out-of-stream water right, an instream reservation
of water is similar to a property right. It cannot be abandoned,
transferred, assigned, or converted to another use without
approval of the Department of Natural Resources.
Who can apply for a reservation of water?
Private individuals,
organizations, and government agencies may apply for a
reservation of
water for instream use.
Why should I apply for reservation of water?
You should apply if you want to ensure that
a lake level or stream flow will be available when and where
you and the public need it for specific instream uses, and
the water will not be appropriated or diverted for another
use.
If you have an instream water right, you have
priority use of that water over people who file later for
water rights. You can have legal standing in case of conflicting
uses of water by people without water rights.
How can I apply for reservation of water?
You can download an Application
for a Reservation of Water Form in Adobe Acrobat format
(pdf) or you can get an application for reservation of
water at any Department of Natural Resources, Water
Resources Section office. Your application must be submitted
to the office in the area where the proposed reservation
of water is to occur.
Before
submitting an application, you should talk with the office
staff about
the information needed in
your application, including the estimation of the amount
of instream water use. If your application is accepted, you
will have up to three years to complete the data collection
and analysis needed to justify the requested instream reservation.
When
your application is complete, it will be reviewed to determine
the need
for the reservation of
water and its impact on other water right holders and the
public interest. An assessment will be made to determine
if water is available for the reservation and if the information
in the application is accurate and adequate. Public notice
of the application must be given.
After this process, a certificate of reservation
may be issued to you. A certificate of Reservation must be
reviewed by the Department of Natural Resources every ten
years, but may be reviewed in less than ten years if necessary.
What costs are involved?
A
filing fee of $1,500 must accompany an application for reservation
of water.
You will also be required to pay
the cost of a legal advertisement to notify the public of
the proposed reservation of water. If a certificate is issued,
you may be required to install and maintain stream gages,
weirs, or staff gages, and to monitor and report on the reserved
instream flow or level of water. You may also be responsible
for additional data collection or analysis during the certificate’s
review.
What other water resources authorizations
are available from the Department of Natural Resources?
-
A
permit or certificate is required for diverting, impounding,
or withdrawing
a significant
amount of water for beneficial use from a surface or
ground water source. An application form and the fee
listed in 11 AAC 05 should be filed with the Department
of Natural Resources.
- Dam Safety: A certificate
of approval is required for constructing or modifying
a dam that impounds 50 acre-feet of water and is at least
10 feet high, or is a least 20 feet high, or poses a
threat to life and property. An application form and
the fee listed in 11 AAC 05 should be filed with the
Department of Natural Resources.
Where can I get more information?
More information
is available in the Department of Natural Resources’ fact
sheets on Water
Rights in Alaska, Dam Safety in
Alaska, Reserving Water
for Instream Use, Federal Reserved
Water Rights, Glacier Ice Harvesting
in Alaska, Alaska Water
Resources Board, and Alaska
Hydrologic Survey.
Further information
and application forms may be obtained from the following
offices, or download Forms and Fact
Sheets in Adobe Acrobat (pdf) format.
Division
of Mining, Land & Water
Water Resources Section
550 West 7th Avenue, Suite 1020
Anchorage, AK 99501-3562
Phone: 907-269-8588
Fax: 907-269-8947
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