Alaska Statutes
Alaska Stat. § 46.15.060 (2026)
Existing rights
✓ current as of July 2026
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Sec. 46.15.060. Existing rights.
A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five years before July 1, 1966, or made in conjunction with works under construction on July 1, 1966, under a lawful common law or customary appropriation or use, is a lawful appropriation under this chapter. The appropriation is subject to applicable provisions of this chapter and regulations adopted under this chapter.
A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five years before July 1, 1966, or made in conjunction with works under construction on July 1, 1966, under a lawful common law or customary appropriation or use, is a lawful appropriation under this chapter. The appropriation is subject to applicable provisions of this chapter and regulations adopted under this chapter.
Notes of Decisions
Cited in 2
cases, 1980–1989 · leading case: Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980).
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). “Alaska's water use act contains such a provision in AS 46.15.060. Other Alaska statutes and rules recognize prior "uses" when imposing new conditions on a particular activity.”
Doyle v. Peabody, 781 P.2d 957 (Alaska 1989). “Peabody argues that even if Doyle had a valid appropriation in 1965 under AS 46.15.060, 2 that appropriation was extinguished on July 31, 1967, by operation of 11 AAC 93.”
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