An applicant for preferred use status shall submit the applicable fee prescribed in 11 AAC 05.260 and provide the department written evidence that establishes, to the satisfaction of the department, that

1. (1) the use of water is for a public water utility that serves the general public as defined by AS 42.05.990(4) and (5);
2. (2) the available water supply is or will be inadequate in quantity to satisfy the needs of the applicant; and
3. (3) water conservation measures are or will be employed to minimize damages to prior appropriators as a result of preferred use status.

(Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018, Register 227)