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Show ALASKA 99 3.4 Loss of Rights Alaska apparently recognizes the loss of water rights by both the concepts 01 abandonment and forfeiture. The water code provides that the commissioner may declare an appropriation to be wholly or partially abandoned and revoke the certificate of appropriation if the appropriator, with an intent to abandon, does not make bene- ficial use of all or part of his appropriated water. The water which is abandoned reverts to the State and becomes unappropriated water.95 This statute also specifies that the commissioner may declare an appropriation to be wholly or partially forfeited and may revoke the certificate to appropriate if the appropriator voluntarily fails or neglects to make use of his appropriated water for a period of 5 successive years without sufficient cause.96 It appears that the legislative attempt was to recognize both forfeiture and abandonment in this legislation, although the two are separate and distinct legal concepts. Abandonment requires the intent to abandon as well as the nonuse of the water, while a for- feiture is caused by the mere nonuse of the water for the statutory period and the intent of the appropriator is immaterial. The loss of a water right by one party to another user pursuant to the doctrine of adverse use is not recognized in Alaska. The water code provides that, "No right to the use of water, either appropriated or unappropriated, shall be acquired by adverse use or possession.97 3.5 Storage Waters, Artificial Lakes, and Ponds Water may be appropriated for storage and use. The water code defines appropriation as an activity which involves the "diversion, impounding, or withdrawal of a substantial quantity of water from a source of water for a beneficial use."9S The procedure for the appro- priation of water for storage and beneficial use is initiated by the filing of an application with the commissioner in the same manner as other appropriations. The protection afforded the fisheries of the State by way of requiring fishways where dams are constructed is discussed in section 2.3, supra. Another matter which relates to the potential storage of water in the State involved the Yukon Basin. For some time Alaska has been attempting to secure the construction of the Rampart Dam on the Yukon River and seeking Federal assistance for this project. In order to further this development, a Rampart Dam Development Committee has been created. This committee has the responsibility of informing Congress and the public of the benefits which would result from the construction of this project and to otherwise assist in encouraging this development.99 95 Sec. 46.15.140. « Sec. 46.15.040. « Sec. 4S.15.260. 89 Sees. 44.45.180 to .220. 499-242-73- |
