Alaska Statutes
Alaska Stat. § 46.15.260 (2026)
Definitions
✓ current as of July 2026
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Sec. 46.15.260. Definitions.
In this chapter, unless the context otherwise requires,
(1) “appropriate” means to divert, impound, or withdraw a quantity of water from a source of water, for a beneficial use or to reserve water under AS 46.15.145;
(2) “appropriation” means the diversion, impounding, or withdrawal of a quantity of water from a source of water for a beneficial use or the reservation of water under AS 46.15.145;
(3) “beneficial use” means a use of water for the benefit of the appropriator, other persons or the public, that is reasonable and consistent with the public interest, including, but not limited to, domestic, agricultural, irrigation, industrial, manufacturing, fish and shellfish processing, navigation and transportation, mining, power, public, sanitary, fish and wildlife, recreational uses, and maintenance of water quality;
(4) “commissioner” means the commissioner of natural resources;
(5) “director” means the director of the division of lands, Department of Natural Resources;
(6) “mineral and medicinal water” means
(A) water of a hot spring or spring with curative properties which has been reserved by the federal government under Public Land Order No. 399; and
(B) geothermal fluid, as defined in AS 41.06.060;
(7) “person” includes an individual, partnership, association, public or private corporation, state agency, political subdivision of the state, and the United States;
(8) “source of water” means a substantial quantity of water capable of being put to beneficial use;
(9) “water” means all water of the state, surface and subsurface, occurring in a natural state, except mineral and medicinal water.
In this chapter, unless the context otherwise requires,
(1) “appropriate” means to divert, impound, or withdraw a quantity of water from a source of water, for a beneficial use or to reserve water under AS 46.15.145;
(2) “appropriation” means the diversion, impounding, or withdrawal of a quantity of water from a source of water for a beneficial use or the reservation of water under AS 46.15.145;
(3) “beneficial use” means a use of water for the benefit of the appropriator, other persons or the public, that is reasonable and consistent with the public interest, including, but not limited to, domestic, agricultural, irrigation, industrial, manufacturing, fish and shellfish processing, navigation and transportation, mining, power, public, sanitary, fish and wildlife, recreational uses, and maintenance of water quality;
(4) “commissioner” means the commissioner of natural resources;
(5) “director” means the director of the division of lands, Department of Natural Resources;
(6) “mineral and medicinal water” means
(A) water of a hot spring or spring with curative properties which has been reserved by the federal government under Public Land Order No. 399; and
(B) geothermal fluid, as defined in AS 41.06.060;
(7) “person” includes an individual, partnership, association, public or private corporation, state agency, political subdivision of the state, and the United States;
(8) “source of water” means a substantial quantity of water capable of being put to beneficial use;
(9) “water” means all water of the state, surface and subsurface, occurring in a natural state, except mineral and medicinal water.
Notes of Decisions
Cited in 2
cases, 1989–1995 · 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 46.15.260(1). 9 . DNR made numerous changes to the pertinent regulations effective November 7, 1990: DNR amended 11 AAC 93.”
Doyle v. Peabody, 781 P.2d 957 (Alaska 1989). “” AS 46.15.260(2). Doyle argues that he had an existing water appropriation which Peabody unlawfully terminated on July 24, 1986.”
— Alaska Stat. § 46.15.260(1) — 1 case
Tulkisarmute Native Cmty. Council v. Heinze, 898 P.2d 935 (Alaska 1995). “" AS 46.15.260(1). 9 . DNR made numerous changes to the pertinent regulations effective November 7, 1990: DNR amended 11 AAC 93.”
— Alaska Stat. § 46.15.260(2) — 1 case
Doyle v. Peabody, 781 P.2d 957 (Alaska 1989). “” AS 46.15.260(2). Doyle argues that he had an existing water appropriation which Peabody unlawfully terminated on July 24, 1986.”
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