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Show ALASKA 89 control over the appropriation, adjudication, and distribution of water rights. While Alaska has had a water quality control act since 1947, in 1971 it repealed the existing statute and reenacted a more compre- hensive environmental control act, setting up a department of en- vironmental conservation for both air and water quality control and regulation.11 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights A. GENERAL ADMINISTRATIVE RESPONSIBILITIES The water use act of 1966 vested the general administrative con- trol of Alaska's water resources in the commissioner of the depart- ment of natural resources. The act authorized the commissioner to establish a division of water within the department of natural re- sources and assign to that division the responsibility of carrying out the provisions of the act.12 In order to carry out his duties and responsibilities, the commis- sioner may adopt procedural and substantive regulations, and is to keep a public record of all applications for permits and certificates.13 He may coordinate State plans relating to the appropriation, use, conservation, quality, or control of the waters of the State with Fed- eral, State, and local agencies. The commissioner may also accept and administer grants or loans from the Federal Government or from private sources.14 B. APPROPRIATION Consistent with the constitutional reservation15 of the unallocated waters of the State to the public, the water code also specifies that the unappropriated water, both surface and underground, is re- served to the people and subject to appropriation and beneficial use as provided in the act.16 The only water excepted from the operation of the act is mineral and medicinal water. The specific procedure which must be followed to initiate and perfect a valid appropriation is discussed in section 3.1 infra. C. ADJUDICATION AND DISTRIBUTION The water code provides that: "The Department of Natural Re- sources shall determine and adjudicate rights in the water of the State, and its appropriation and distribution." 17 The procedure which the commissioner must follow in the statutory adjudication of rights is set forth in section 2.£ infra. 11 Sees. 46.03.010 to .900. 12 Sec. 46.15.020. 16 Alaska Const., art. VIII, sec. 13. " Sec. 46.15.030. 17 Sec. 46.15.010. |