(a) An applicant who asserts and proves a preferred use shall be granted a permit and shall be granted preference over other appropriators. A preferred use of water is for a public water supply.
(b) To be entitled to a preference an applicant must show that the applicant's use will be prevented or substantially interfered with by a prior appropriation; the use is a preferred use; the applicant agrees to compensate a permit or certificate holder for the prior appropriation for any damages sustained by the preferred use; and other information that the commissioner requires by regulation.
Structure Alaska Statutes
Title 46. Water, Air, Energy, and Environmental Conservation
Article 2. Appropriation and Use of Water.
Sec. 46.15.030. Water reserved to the people.
Sec. 46.15.037. Sale of water by the state.
Sec. 46.15.040. Right to appropriate.
Sec. 46.15.060. Existing rights.
Sec. 46.15.065. Determination of existing rights.
Sec. 46.15.080. Criteria for issuance of permit.
Sec. 46.15.090. Preference in granting permits.
Sec. 46.15.100. Terms of permit.
Sec. 46.15.110. Time for construction and completion.
Sec. 46.15.133. Notices; objections.
Sec. 46.15.140. Abandonment, forfeiture, and reversion of appropriations.
Sec. 46.15.145. Reservation of water.
Sec. 46.15.150. Preferred use.
Sec. 46.15.155. Authorization for temporary use of water.
Sec. 46.15.160. Transfer and change of appropriations.
Sec. 46.15.165. Administrative adjudications.
Sec. 46.15.166. Judicial adjudications.
Sec. 46.15.167. Effect of decision.
Sec. 46.15.168. Other actions.
Sec. 46.15.169. Federal reserved water rights.
Sec. 46.15.170. Effect of recording.