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Show 456 ADJUDICATION OF WATER RIGHTS IN WATERCOURSES The first section of Alaska's 1966 Water Use Act provides that "The Department of Natural Resources shall determine and adjudicate rights in the waters of the state, and in its appropriation and distribution."79 Procedures somewhat similar to those in Wyoming are provided by which the commis- sioner shall determine "existing rights," as of the act's effective date, and issue certificates of appropriation therefor.80 While the first section of the act perhaps contemplates the determination and adjudication of other water rights in addition to such "existing rights," no specific procedure for the determina- tion and adjudication of such other rights is included in the act. The commissioner possibly could formulate such procedure under the act's general provision that he "shall adopt procedural and substantive regulations to carry out the provisions" of the act,81 and he might draw upon the statutory procedure provided for the determination of "existing rights." However, the relevant administrative regulations promulgated under the act in 1967 pertain only to the determination of such "existing rights."82 The 1966 Alaska act requires that a claimant of an existing right shall file a declaration of appropriation with the commissioner. If the claimant who has received notice does not file such a declaration, there is no provision similar to that in Wyoming declaring that the claimant shall be thereafter barred and estopped from asserting the right and shall be held to have forfeited the right.83 However, the penalty provision of the act provides that any "person who constructs works for an appropriation, or diverts, impounds, withdraws or uses a significant amount of water from any source without a permit or certificate of appropriation * * * is guilty of a misdemeanor."84 The Oregon System The Oregon water code of 1909 created a third major system of adjudication of water rights.85 It comprises features of both Colorado and 79 Alaska Laws 1966, ch. 50, Stat. § 46.15.010 (Supp. 1966). 80 Alaska Stat. § 46.15.135 (Supp. 1966). The section entitled "Existing Rights" states that "a water right acquired by law before the effective date of this [act] or a beneficial use of water on the effective date of this [act], or made within five years before the effective date, or made in conjunction with works under construction on the effective date, under a lawful common law or customary appropriation or use, is a lawful appropriation under this [act]."/c?. § 46.15.060. 81 Id. § 46.15.020(b)(l). "See Alaska Regs. § 11-1.801.03 (Reg. 23, March 1967). The 1966 Water Use Act apparently has not yet been construed by the Alaska Supreme Court. 83 Nor is there a provision similar to the Wyoming provision that final orders or decrees by the board are conclusive as to all prior appropriations and existing claimants as to the waters involved, subject to rehearings, reopenings, and appeals. 84 Alaska Stat. § 46.15.180 (Supp. 1966). Emphasis added. 8SOreg. Laws 1909, ch. 216, § § 11-35, Rev. Stat. ch. 539 (Supp. 1955). This chapter of the Oregon statutes is entitled "Determination of Water Rights Initiated Before |