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<br />The Department of Water Resources adopted rules in 1986 applying tbe court's <br />public interest criteria, Several applications for water transfers have been denied based on <br />those rules, Despite the court's guidance, the department acknowledges that it has been <br />difficult when conducting hearings on transfer applications to define who the "public" is; to <br />give adequate notice to affected interests that a hearing will be held and to efficiently <br />manage a cumbersome hearing process; and to determine which party bears the burden of <br />proof.15 <br /> <br />There are state statutes, many of which apply to original appropriations rather than <br />transfers to other uses, that define the public interest in terms similar to the Idaho court. <br />Alaska's appropriation law often is cited as providing the most explicit criteria. It requires <br />the commissioner of the Department of Natural Resources to consider: <br />(1) the benefit to the applicant resulting from the proposed <br />appropriation; <br />(2) the effect of the economic activity resulting from the proposed <br />appropriation; <br />(3) the effect on fish and game resources and on public recreational <br /> <br />opportunities; <br /> <br />(4) the effect on public health; <br />(5) the effect of loss of alternate uses of water that might be made within <br />a reasonable time if not precluded or hindered by the proposed <br />appropriation; <br />(6) barm to other persons resulting from the proposed appropriation; <br />(7) the intent and ability of the applicant to complete the appropriation; <br />and <br /> <br />10 <br />