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Show 94 ALASKA ing this commission provides that it is to serve until July 1, 1973, when it must submit its final report to the legislature and the Governor.55 F. DIVISION OP GEOLOGICAL AND GEOPHYSICAL SURVEY Among its other duties, this division is authorized to study the na- ture and location of ground water supplies within the State.56 G. DEPARTMENT OF NATURAL RESOURCES The general administrative supervision of the various divisions which control and regulate the natural resources in Alaska is accom- plished through the department of natural resources. The executive officer of this department is the commissioner of natural resources.57 It is the responsibility of this department to administer the State's program for the conservation and development of the natural resources of the State.58 H. MUNICIPAL CORPORATIONS At the local level of government, municipal corporations are authorized to construct and operate public water supply systems for their inhabitants.69 Appropriation of water for a public water supply has preference over competing appropriation from the same source of water.60 Also, municipal corporations are granted the power of eminent domain for flood control purposes and to make channel, river, and harbor improvements.61 3. Surface Waters As already noted, the right to the use of water from a watercourse in Alaska is governed by the principles of the appropriation doctrine. A watercourse consists of a well-defined bed with a definite channel, and water flowing in it for a substantial portion of the year rather than only being present for infrequent periods.62 Since the adoption of the water code in 1966, a water right from a stream can only be initiated by filing an application for a permit with the Commissioner. Prior to that time there was no statutory procedure governing the acquisition of rights, and rights were estab- lished primarily by custom and use. Therefore, it is necessary to ex- amine both the past and the present appropriation procedures in order to understand the water right situation in Alaska today. 3.1 Method of Acquiring Rights A. PRESTATUTORY PROCEDURE While the statutory procedure for appropriating water is of greater current interest because it now offers the exclusive method K Sees. 46.26.010 and .100. m Sees. 41.08.010 to .040. « Sees. 44.37.010 and .020. »8 Sec. 44.37.020. «• Sec. 29.10.135. «° Sec. 46.15.090. « Sees. 29.50.090 and .100. «a Weiriberg v. northern Alaska Development Co., 384 P. 2d 450 (Alaska 1963). |
