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Show 88 ALASKA there are times when areas of the State experience water shortages, not only because of uneven precipitation patterns but also because of Alaska's unique climatic conditions. As pointed out in 1960 by the Senate Select Committee on National Water Kesources: In general, there is an abundance of water, but during parts of each year it may become almost unavailable. The reason for the temporary shortage varies with location. In the southeastern region where stream flow is the only feasible source of water supply, a short drought may result in the drying up of streams not receiving lake outflows because there is such a lack of alluvium for natural storage. In the interior during the long cold winters small streams and shallow lakes freeze solid, and water is made available only by melting snow or ice over a fire. Because the portion of the year with temperatures below freezing is longer and more severe [in the coastal region than in the southeast] the decline in stream flow during the winter and the increase in flow during the period of melt-runoff makes a wider variation in surface water supplies.3 Thus, water use conflicts have arisen in the past between competing uses of the available water supply, and these have accelerated as de- velopment has continued and competition for water increased. To resolve water use conflicts and allocate water among existing users, the early territorial decisions adopted and applied the doctrine of prior appropriation.4 The principles of the appropriation system were carried forward in the State constitution5 and the water rights code which was adopted in 1966.6 The State constitution reflects the concern which the State has for all of its natural resources. A full 18 sections of the Alaska constitution are devoted to the natural re- sources and many of these relate to the State's water resources. The principle constitutional provisions dealing with the State's water resources provide that: All surface and subsurface waters reserved to the people for common use, ex- cept mineral and medicinal waters, are subject to appropriation. Priority of appropriation shall give prior right. Except for public water supply, an appro- priation of water shall be limited to stated purposes and subject to preferences among beneficial uses, concurrent or otherwise, as prescribed by law, and to the general reservation of fish and wildlife.7 Other sections preserve and protect public access and use of the navigable waters of the State;8 provide that existing rights can only be divested for a superior beneficial use or public purpose and then only upon payment of just compensation;9 and specify that eminent domain proceedings may be undertaken by individuals for private rights-of-way to allow for the utilization of the State's resources.10 Within 8 years after achieving statehood, Alaska adopted a com- prehensive water code to guide and control the future development and utilization of its water resources. The Alaska water code, which was adopted in 1966, provides a comprehensive program for State administration of water rights, including State regulation and 3 Senate Select Committee on Natural Water Resources, 86th Cong., 2d sess., Water Resources of Alaska (committee print No. 19, 1960). * McFarland v. Alaska Perseverance Mining Co., 3 Alaska 308 (1907) ; Miocene Ditch Co. v. Campion Mining d Trading Co., 3 Alaska 572 (1908) ; Hoogendorn v. Nelson Gulch Mining Co., 4 Alaska 216 (1910). 5 Alaska Const., art. VIII, sec. 13. 8 Alaska statutes, sec. 46.15.030. For convenience, the Alaska statutes will hereafter be cited simply by section numbers. 7 Alaska Const., art. VIII, sec. 13. 8 Alaska Const., art. VIII, sec. 14. 8 Alaska Const., art. VIII, sec. 16. 10 Alaska Const., art. VIII, sec. 18. |
