Alaska Statutes

Alaska Stat. § 46.15.050 (2026)

Priority

✓ current as of July 2026
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Sec. 46.15.050. Priority.
 (a) Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence, such as the increase or decrease of stream flow, or the lowering of a water table, artesian pressure, or water level, by later appropriators, if the prior appropriator can reasonably acquire the appropriator's water under the changed conditions.

 (b) Priority of appropriation made under this chapter dates from the filing of an application with the commissioner.

 (c) Priority of appropriation perfected before July 1, 1966, shall be determined as provided in AS 46.15.065.




Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995).
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “AS 46.15.050(b); AS 46.15.140(c). C. Whether DNR Acted Outside Its Authority By Extending the Water Rights Permits? When DNR extended the permits, it reasoned that “extension of the permits .”
— Alaska Stat. § 46.15.050(b) — 1 case
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “AS 46.15.050(b); AS 46.15.140(c). C. Whether DNR Acted Outside Its Authority By Extending the Water Rights Permits? When DNR extended the permits, it reasoned that “extension of the permits .”
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