Alaska Statutes
Alaska Stat. § 46.15.080 (2026)
Criteria for issuance of permit
✓ current as of July 2026
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Sec. 46.15.080. Criteria for issuance of permit.
(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.
(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.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1985–2025 · leading case: State, Dep't of Nat. Resources v. Greenpeace, Inc., 96 P.3d 1056 (Alaska 2004).
State, Dep't of Nat. Resources v. Greenpeace, Inc., 96 P.3d 1056 (Alaska 2004). “Greenpeace claimed, among other things, that in lifting the stay DNR had denied Greenpeace due process and improperly failed to apply the criteria of AS 46.15.080. On May 4 BPXA notified the division director and the commissioner that it would no longer need the permit after May…”
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “After providing notice and an opportunity for others to file objections, DNR will issue a permit to appropriate water if issuance meets the requirements of AS 46.15.080. 10 AS 46.15.133; 11 AAC 93.”
Pyramid Lake Paiute Tribe of Indians v. Washoe Cnty., 918 P.2d 697 (Nev. 1996). “3 (citing Alaska Stat. § 46.15.080 ). [4] Despite appellants' assertions regarding the definition of the public interest by the Idaho Court, we can find no indication that Nevada's legislature intended that the State Engineer determine public policy in Nevada by incorporating…”
Shokal v. Dunn, 707 P.2d 441 (Idaho 1985). “Alaska Stat. § 46.15.080 provides: (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…”
Orutsararmiut Native Council, Chevak Native Vill., Native Vill. of Eek, Native Vill. of Kwigillingok, & Cook Inletkeeper v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp., Orutsararmiut Native Council & Native Vill. of Eek v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Alaska Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp. (Alaska 2025). “Under AS 46.15.080(a), the Commissioner shall issue a permit for the proposed appropriation 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…”
— Alaska Stat. § 46.15.080(a) — 1 case
Orutsararmiut Native Council, Chevak Native Vill., Native Vill. of Eek, Native Vill. of Kwigillingok, & Cook Inletkeeper v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp., Orutsararmiut Native Council & Native Vill. of Eek v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Alaska Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp. (Alaska 2025). “Under AS 46.15.080(a), the Commissioner shall issue a permit for the proposed appropriation 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…”
— Alaska Stat. § 46.15.080(a)(4) — 2 cases
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “After providing notice and an opportunity for others to file objections, DNR will issue a permit to appropriate water if issuance meets the requirements of AS 46.15.080. 10 AS 46.15.133; 11 AAC 93.”
Orutsararmiut Native Council, Chevak Native Vill., Native Vill. of Eek, Native Vill. of Kwigillingok, & Cook Inletkeeper v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp., Orutsararmiut Native Council & Native Vill. of Eek v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Alaska Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp. (Alaska 2025). “Under AS 46.15.080(a), the Commissioner shall issue a permit for the proposed appropriation 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…”
— Alaska Stat. § 46.15.080(b) — 3 cases
State, Dep't of Nat. Resources v. Greenpeace, Inc., 96 P.3d 1056 (Alaska 2004). “Greenpeace claimed, among other things, that in lifting the stay DNR had denied Greenpeace due process and improperly failed to apply the criteria of AS 46.15.080. On May 4 BPXA notified the division director and the commissioner that it would no longer need the permit after May…”
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “After providing notice and an opportunity for others to file objections, DNR will issue a permit to appropriate water if issuance meets the requirements of AS 46.15.080. 10 AS 46.15.133; 11 AAC 93.”
Orutsararmiut Native Council, Chevak Native Vill., Native Vill. of Eek, Native Vill. of Kwigillingok, & Cook Inletkeeper v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp., Orutsararmiut Native Council & Native Vill. of Eek v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Alaska Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp. (Alaska 2025). “Under AS 46.15.080(a), the Commissioner shall issue a permit for the proposed appropriation 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…”
— Alaska Stat. § 46.15.080(b)(3) — 1 case
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “After providing notice and an opportunity for others to file objections, DNR will issue a permit to appropriate water if issuance meets the requirements of AS 46.15.080. 10 AS 46.15.133; 11 AAC 93.”
— Alaska Stat. § 46.15.080(b)(5) — 1 case
Orutsararmiut Native Council, Chevak Native Vill., Native Vill. of Eek, Native Vill. of Kwigillingok, & Cook Inletkeeper v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp., Orutsararmiut Native Council & Native Vill. of Eek v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Alaska Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp. (Alaska 2025). “Under AS 46.15.080(a), the Commissioner shall issue a permit for the proposed appropriation 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…”
— Alaska Stat. § 46.15.080(b)(6) — 1 case
Orutsararmiut Native Council, Chevak Native Vill., Native Vill. of Eek, Native Vill. of Kwigillingok, & Cook Inletkeeper v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp., Orutsararmiut Native Council & Native Vill. of Eek v. John Boyle in his Off. Capacity as Comm'r of the Dep't of Nat. Resources, Alaska Dep't of Nat. Resources, Donlin Gold, LLC, & Calista Corp. (Alaska 2025). “Under AS 46.15.080(a), the Commissioner shall issue a permit for the proposed appropriation 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…”
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