Hawaii Administrative Code

If water service is turned off because of failure to pay a bill or violation of any of these rules or for other reasons, all outstanding accounts against the consumer shall be paid or satisfactorily secured before water service shall be restored. Notes Haw. Code R. § 4-157-13 [Ef…

All equipment belonging to the department and installed upon the consumer's premises for measurement, test, check, or other purpose, shall continue to be the property of the department and may be repaired, replaced, or removed by the department at any time without the consent of …

(a) Any damage to water mains, service connections, valves, standpipes, or other property of the department shall be paid for by the person or organization responsible for the damage. (b) The consumer shall be liable for any damage to a meter or other equipment or property of the…

Any officer, employee, or designee of the department shall have the right of ingress to and egress from the consumer's premises at all reasonable hours for any purpose reasonably connected with the furnishing of water or other service to the premises, and the exercise of any and …

(a) The consumer shall, at the consumer's own risk and expense, furnish, install, and keep in good and safe condition all equipment that may be required for receiving, controlling, applying, and utilizing water and the board shall not be responsible for any loss or damage caused …

(a) No person or entity shall be permitted to draw water from any part of the system without the written consent of the administrator-chief engineer. No approval shall be granted in cases where, in the opinion of the administrator-chief engineer, the drawing of water may adversel…

(a) No cross-connections shall be made without the written consent of the department (b) The department requires the installation of a mechanical or any other methods or devices on the consumer's side of the meter to prevent backflow on all new services at the sole cost and expen…

As used in this chapter unless otherwise provided: "Acreage assessment" means any levy imposed pursuant to this chapter on the agricultural land and pastureland within an irrigation project and any amount charged by the State for the purpose of acquiring, establishing, or maintai…

Unless specifically agreed upon by the board, the consumer shall not resell any water received from the board. Notes Haw. Code R. § 4-157-20 [Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

The irrigation system rates and charges established by the board are as follows: (1) Water tolls, fees, and charges are set at the following rates: (A) Effective October 1, 2005, the irrigation system rates, fees, and charges established by the board shall be as provided in the t…

(a) The board may allow the formation of a voluntary advisory board ("advisory board") of water users and community-based organizations in accordance with the federal assisted watershed project for the Honokaa-Paauilo Irrigation System only. This advisory board shall include the …

This chapter shall be deemed to be severable, and in the event a section of this chapter is determined to be invalid, such invalidity shall affect that section only and shall not invalidate this chapter in its entirety. Notes Haw. Code R. § 4-157-23 [Eff MAR 17 2006] (Auth: HRS §…

(a) Boundaries for a temporary irrigation district to be served by new infrastructure shall be defined and set by the administrator-chief engineer. These boundaries will change as necessary, until the temporary irrigation system has been completed and the irrigation district is a…

(a) Upon proper application, a prospective consumer whose premises are within the service limits established by the board for a specific irrigation system and whose premises are adjacent to the distribution main, where pressure conditions permit, may obtain irrigation water servi…

(a) The department shall exercise reasonable diligence and care to deliver an adequate supply of water to the consumer and to avoid shortage or interruptions in water service, whenever possible, but shall not be liable for any interruption, shortage, insufficiency of supply, or a…

(a) The department shall make every effort to maintain pressure but shall not be responsible for maintaining pressure in its water main. (b) Where property is situated at an elevation higher than the irrigation system, the consumer, in consideration of a connection with the depar…

(a) Each prospective consumer shall be required to sign the standard application form for the water service desired. A nonrefundable filing fee shall be required with each water service application. This application fee shall be in accordance with the amount established by the bo…

(a) The application for a new service connection is subject to approval by the department. After approval, the connection shall be installed by the department or its designee at the expense of the applicant and thereafter shall become the property of the department and maintained…

(a) Meters or water flow measuring instruments are read and bills are rendered monthly. Special readings will be made when necessary for closing of accounts or when otherwise required. Consumers using the system to water animals or herds of livestock shall be billed in the same m…

(a) All bills shall be due and payable when the department deposits the bill in the United States mail, or upon presentation to the consumer, whichever is earlier. Payment shall be made at the office of the irrigation district manager or at the department's option, to duly author…

As used in this chapter: "Abandoned property" means any and all property, unless the context clearly indicates otherwise, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended on land owned or controlled by …

(a) Terms of extension shall not be for a longer term period than sixty-five years, that includes the aggregate of the existing term period with the extension term period cumulatively summed. (b) All extensions shall require the determination of the base rent and additional rents…

(a) The existing agricultural activity or farming operation shall meet at least three of the following criteria to qualify for extensions under this section: (1) Conforms with provisions of the Hawaii State Plan or the State Functional Plan for Agriculture; (2) Supports enhanceme…

The board may impose the following restrictions on any lease extensions: (1) No aggregate term period shall be less than fifteen years nor exceed sixty-five years; (2) The purpose of the extension shall be for a specific agricultural activity(ies) and may include waste or unusabl…

(a) The division from time to time shall: (1) Reassess the non-agricultural park lands program and define new directions and priorities for the program; (2) Identify and analyze potential non-agricultural park lands required to support the development of agricultural industries i…

The division shall cause non-agricultural park lands infrastructure improvements approved by the board to be established, improved, operated, and maintained. Notes Haw. Code R. § 4-158-14 [Eff DEC 06 2007] (Auth: HRS §§ 141-1, 166E-6) (Imp: HRS § 166E-6; §§ 166E-9, 166E-10)…

Any non-agricultural park lands developed by the department in partnership with a federal agency, a county, or a private party shall be subject to a partnership agreement approved by the board of agriculture, which agreement shall provide, at a minimum: (1) A determination by the…

(a) Prior to entering into a partnership agreement, the board shall: (1) Determine: (A) Whether the lands shall be developed by-disposition or contract; (B) The location, area, and size of the lands to be developed; (C) The use or uses to which the lands shall be put; (D) The est…

Any partnership agreement for a joint venture shall be approved by the board and shall be in conformity with section 4-158-15. The terms of a partnership agreement for joint venture shall include the following, wherever appropriate: (1) The development and subdivision shall compl…

Every lease issued by the board shall contain: (1) The specific use or uses to which the land is to be employed, provided that the use or uses shall be for agricultural or aquacultural activities only; (2) The improvements required, provided that a minimum reasonable time shall b…

(a) Except as otherwise provided, the following restrictions shall apply to all leases: (1) No lease shall be for a term of less than fifteen years nor more than sixty-five V years, including any extension granted for mortgage lending or guarantee purposes; (2) No lease shall be …

(a) In addition to the powers and function granted to the board under chapter 26, HRS, the board shall have the power to:(1) Prescribe forms of instruments and documents; (2) Establish restrictions, requirements, or conditions, not inconsistent with those prescribed in chapter 16…

(a) The lessee, within a-reasonable period of time and in accordance with the plan of development and utilization provided for in subsection (d), shall derive the major portion of the lessee's annual income from the production of livestock, poultry, crops or products for which th…

(a) Public auction. The appraisal of lands for the determination of the upset lease rental at public auction may be made by an employee of the department qualified to appraise lands, or by one but not more than three disinterested appraisers contracted for by the administrator; p…

(a) A lease of non-agricultural park lands may be disposed of through negotiation upon a finding by the board that the public interest demands the disposition as provided by section 171-18, HRS. (b) After a determination is made, to negotiate the disposition of a lease, the admin…

When the board determines that non-agricultural park lands are to be leased by drawing, the administrator shall give public notice inviting applications for the drawing as provided in section 4-158-29, with such details concerning the drawing as it deems necessary and desirable. …

(a) Disposition of non-agricultural park lands may be made at public auction after public notice as provided in section 4-158-29. All public auctions shall be held at the department or at any other convenient place in the district in which the land is located, and shall be conduc…

(a) Qualified applicants shall be present in person or shall be represented by an agent with appropriate credentials authorizing representation. Applicants who are not present or arrive late at the drawing shall be disqualified. (b) All qualified applicants shall be placed in the…

The department may sell, donate, or otherwise dispose of property abandoned or seized on public land upon compliance with the requirements of section 171-31.5, HRS. Notes Haw. Code R. § 4-158-26 [Eff DEC 06 2007] (Auth: HRS § 171-31.5) (Imp: HRS § 166E-6)

(a) An applicant shall meet one or more of the following qualifications: (1) Qualifications as a bona fide farmer pursuant to section 4-158-1; (2) Qualifications as new farmer pursuant to section 4-158-1; (3) The person meets such other qualifications as the board may prescribe p…

(a) Any person otherwise qualified to take a lot shall have preference in any disposition by drawing of lots if the person: (1) Is a veteran who served in the military forces of the United States and who was honorably discharged therefrom; (2) Is a displaced farmer who within a f…

(a) Any disposition of public lands shall require public notices as prescribed in the following paragraphs. In addition to giving public notice, any public notice required under this section shall also be posted on the Internet in an easily-located manner, or on the department's …

Fees for the processing of lease or permit documents and records shall be charged as follows: (1) Lease, permit, assignment of lease, sublease, consent to mortgage, collateral agreement, and all other documents: $30/document (2) Copy of document: $.50/page The cost of appraisals,…

(a) No person shall be eligible to lease public lands who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof. (b) No person sha…

Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prio…

(a) Whenever under this chapter or under any lease, license, permit, or other instrument issued by the board, consent of the board is required' as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson of the board may, up…

Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any lease or patent heretofore or hereafter issued under this chapter, the administrator shall deliver a written notice of the breach…