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90 ALASKA With respect to the distribution of waters, there are no detailed statutory provisions which authorize the commissioner to set up distribution systems and appoint water commissioners as exists in many Western States. Rather, there is simply the broad directive set forth above for the commissioner to distribute the waters to those entitled to its use. However, the enforcement section of the act provides that it is a misdemeanor for anyone to use water contrary to an order of the commissioner apportioning water among users en- titled to its use, or to refuse to install and maintain adequate measuring devices and control structures.18 2.2 Resolution of Water Use Conflicts Like most other Western States, Alaska has a statutory procedure for the adjudication of rights to the use of water among users claim- ing rights from the same source. The commissioner is delegated the responsibility for carrying out this program. The claimant of an existing right is required to file a declaration of appropriation with the commissioner, which is considered correct until a certificate of appropriation is issued or denied. The statute provides that the pri- ority of such rights date from the day the work was begun on the appropriation if due diligence was used in completing the work. Otherwise, priority dates from the day the water was applied to beneficial use.19 The commissioner initiates the adjudication proceedings by issu- ing an order setting a definite period within which to file water user's claims from the source or area being adjudicated. Notice is given of the action by publication in a newspaper of general cir- culation in the affected area, and by certified mail to appropriators who have requested notice, and any other users known to the com- missioner, including owners of recorded mining claims.20 The commissioner conducts such investigations as he considers necessary to determine the nature and extent of each existing use. When this is completed, he mails a summary of his determination to each of the users. Any person adversely affected by this determi- nation may request a hearing. After the hearing, or if a hearing is not requested, the commissioner issues the user a certificate of ap- propriation in accordance with his findings. Any person aggrieved by an action of the commissioner may appeal to the superior court.21 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL In 1971, Alaska repealed its existing water quality control act and enacted a comprehensive act designed to conserve, improve, and pro- tect the State's natural resources and environment, and to control water, land, and air pollution. Further, the purpose of the act is to coordinate the State's programs and functions in this area with re- m Sec. 46.15.ISO. *> Sec. 46.15.135. ™Id. » Sec. 46.15.135. |
