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Show 96 ALASKA propriated. The commissioner is also to notify, either personally or by certified mail, any appropriator who his records show may be af- fected by the proposed appropriation. Notice must also be served upon the department of fish and game and the department of environmental conservation. Objections to the proposed appropria- tion may be filed and a hearing held by the commissioner.72 The commissioner grants the permit if he finds that (1) prior rights will not be unduly affected, (2) the proposed means of di- version is adequate, (3) the proposed use of water is beneficial, and (4) the proposed appropriation is in the public interest.73 Most other Western States which have a provision requiring that the public interest be considered in acting upon an application do not spell out the factors to be considered in evaluating the public in- terest. However, Alaska has gone beyond the mere statement that the application must be found to be in the public interest and has provided that: (b) In determining the public interest, the Commissioner shall consider (1) the benefit to the applicant resulting from the proposed appropriation; (2) the effect of the economic activity resulting from the proposed appro- priation ; (3) the effect on fish and game resources and on public recreational opportunities; (4) the effect on public health; (5) the effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropria- tion; (6) harm to other persons resulting from the proposed appropriation; (7) the intent and ability of the applicant to complete the appropriation; and (8) the effect upon access to navigable or public waters.74 When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, pref- erence is to be given to applications for public water supply and then to the use which alone or in combination with other foreseeable uses will constitute the most beneficial use of the water.75 Another statute provides that an applicant who proves a preferred use for a public water supply will be granted a permit. To be entitled this prefer- ence it must be shown that preferred use will be prevented by a prior appropriation and the applicant must agree to compensate any prior permit or certificate holder for any damages sustained as a result of the preferred use.76 The commissioner may issue a permit for less than the amount of water requested, but in no case can he issue a permit for more water than can be beneficially used. Further, he may issue a permit subject to such terms, conditions, restrictions, and limitations as he may consider necessary to protect rights of others and the public interest.77 « Sec. 46.15.070. ™ Sec. 46.15.080. « Sec. 46.15.090. ™ Sec. 46.15.150. " Sec. 46.15.100. |