Public Questions and Agency Responses                                                                   
Regarding Proposed Water Reservation Regulations

Division of Mining, Land and Water

Department of Natural Resources

June 5, 2026 as of 11:00 AM

Question 1: Barry Santana (via Water Reg Email) - Why are you sending these changes?

Response: You have received this notice of proposed regulation changes because you were involved previously in the water regulations process or asked to receive information related to the regulation process.

Question 2: Barry Santana (via Water Reg Email) - Does this mean that I have to change my existing water reservation?

Response: Upon review, you have a water right associated with a private well on your property. These regulations do not impact water rights such as yours under AS 46.15.040.

Question 3: Jay Armstrong (via Water Reg Email) - Does the Department interpret Article VIII’s reservation of waters to the people for common use as extending equally to corporations and other artificial entities, or does the Department distinguish between constitutional common use rights held by Alaska residents and permits, privileges, or discretionary approvals granted to corporations?

Response: This question is outside the scope of the current regulation process. However, “person” is defined under the Water Use Act under AS 46.15.260(7).

Question 4: Jay Armstrong (via Water Reg Email) - If the Department makes no distinction, please explain what legal authority supports treating corporations the same as Alaska residents for purposes of common use. If the Department does make a distinction, please identify the constitutional, statutory, or regulatory authority for doing so, and explain whether the Department intends to treat corporate use as a privilege subject to greater cost, conditions, or denial than resident common use.

Response: This question is outside the scope of the current regulation process.