Hawaii Administrative Code

The Interim Instream Flow Standard for all streams on Molokai, as adopted by the commission on water resource management on June 15, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout t…

The Interim Instream Flow Standard for all streams on West Maui, as adopted by the commission on water resource management on October 19, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary through…

The Interim Instream Flow Standard for all streams on Leeward Oahu, as adopted by the commission on water resource management on October 19, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary thro…

(a) Stream channels shall be protected from alteration whenever practicable to provide for fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses. No stream channel shall be altered until an application for a permit to undertake the work has been f…

(a) A person desiring a stream channel alteration shall file an application with the commission. No alteration work shall be undertaken by the applicant until a permit is issued by the commission. (b) Each application for a permit shall be made on forms furnished by the departmen…

(a) The commission shall act upon an application within ninety calendar days after acceptance of the application. (b) Based upon the findings of fact concerning an application for a stream channel alteration permit, the commission shall either approve in whole, approve in part, a…

(a) Every permit approved and issued by the commission shall be for a specified period, not to exceed two years, unless otherwise specified in the permit. (b)Every permit approved and issued by the commission shall contain the commencement and completion dates for the permitted a…

(a) A permit may be revoked in whole or in part for any:(1) Material false statement in the application or in any report or statement of fact required pursuant to this chapter; (2) Violation of this chapter relative to the permit; or (3) Violation of the conditions of the permit.…

(a) When emergency channel alteration is necessary to prevent or minimize loss of life or damage to property, including the repair or restoration of structures damaged by a sudden and unforeseen event, a person may proceed to effect the channel alteration without a permit. (b) In…

As used in this chapter, unless the context otherwise requires: "Authorized planned use" means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. "Chairperson" means the …

(a) The commission shall formulate an integrated program for the protection, conservation, and management of the waters of the state. This program, with such amendments, supplements, and additions as may be necessary, shall be known as the Hawaii water plan. The Hawaii Water Plan…

The contents of the water resource protection plan shall include, but not be limited to, the following: (1) Designation of hydrologic units statewide and their characteristics; (2) A master inventory describing the nature and location of water resources in the state by hydrologic…

(a) In preparation of the inventories identified above and the designation of hydrologic units statewide, the commission shall consult with the appropriate county, state, and federal agencies. (b) The commission shall study the means and methods of conserving and augmenting the s…

The general administration of this chapter shall rest with the commission. In addition to its other powers and duties, the commission: (1) Shall give careful consideration to the requirements of public recreation, the protection of the environment, and the procreation of aquatic …

A water use and development plan shall be prepared by each separate county and adopted by ordinance, setting forth the allocation of water to land use in that county. Notes Haw. Code R. § 13-170-30 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 174C-5, 174C-31)

Each county water use and development plan shall include, but not be limited to: (1) Status of county water and related land development including an inventory of existing water uses for domestic, municipal, and industrial users, agriculture, aquaculture, hydropower development, …

(a) In preparing the water use and development plan and for purposes of consistency, the counties shall utilize information from the master water resource inventory identified within the water resource protection plan. The counties shall also utilize the hydrologic units designat…

(a) The commission may add to the Hawaii water plan any other information, directions, or objectives it feels necessary or desirable for the guidance of the counties in the administration and enforcement of this chapter. (b) The commission shall not adopt, approve, or modify any …

A state water projects plan shall be prepared by the agency which has jurisdiction over such projects in conjunction with other state agencies. Notes Haw. Code R. § 13-170-40 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 174C-5, 174C-31)

The state water projects plan shall include, but not be limited to: (1) Status of state water and land developments and their existing water use requirements for domestic, industry, agriculture, aquaculture, hydropower, water reclamation, and recharge; (2) Future land uses and re…

(a) In preparing the state water projects plan and for purposes of consistency, the agency shall utilize information from the master water inventory identified within the water resource protection plan. The plan shall also utilize the hydrologic units designated statewide by the …

(a) The department of health shall formulate a state water quality plan for all existing and potential sources of drinking water. Requirements for the plan shall be governed by chapters 340E and 342, Hawaii Revised Statutes. (b) The department of health shall exercise the powers …

(a) The department of health shall submit to the commission such information as the commission shall require as prescribed in its rules, provided it does not jeopardize any pending or ongoing enforcement action. (b) The commission shall submit to the department of health such inf…

The department of health shall formulate a state water quality plan for all existing and potential sources of drinking water and that plan shall become part of the Hawaii water plan as described in this chapter. Requirements for the plan shall be governed by chapters 340E and 342…

The state water quality plan shall be periodically reviewed and revised by the department of health as needed. Notes Haw. Code R. § 13-170-53 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 174C-5, 174C-31, 174C-68)

(a) In formulating or revising the state water quality plan, the department of health shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies, particularly county water supply agencies. (b) In preparation of the plan, the depa…

The water quality plan upon its completion shall be submitted to the commission by the department of health for incorporation into the Hawaii water plan. Notes Haw. Code R. § 13-170-55 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 174C-5, 174C- 31, 174C-32, 174C-68)…

(a) Integration of the Hawaii water plan is dependent on the creation of a master water resource inventory, designation of hydrologic units as identified in section 13-170-20, and formulation of water quality criteria as described in section 13-170-52. (b) The water resource prot…

The purpose of this chapter is to provide for the designation and regulation of hydrologic areas where water resources are being threatened by existing or proposed withdrawals or diversions of water, water quality problems, or serious disputes. It shall be the duty of the commiss…

The modification of the boundaries or the rescinding of existing water management areas by the commission may be initiated by the chairperson or by a petition to the commission by any person with proper standing. The procedure for modifying the boundaries of an existing water man…

(a) No person shall make any withdrawal, diversion, impoundment, or consumptive use of water in any designated water management area without first obtaining a permit from the commission. However, no permit shall be required for domestic consumption of water by individual users, a…

(a) A person shall file an application with the commission to use water within a designated water management area. No withdrawal, diversion, impoundment, or consumptive use of water shall be made by the applicant until receipt of a permit issued by the commission, provided that, …

(a) To obtain a permit pursuant to this part, the applicant shall establish that the proposed use of water: (1) Can be accommodated with the available water source; (2) Is a reasonable-beneficial use as defined in section 13-171-2; (3) Will not interfere with any existing legal u…

(a) All existing uses of water in a designated water management area, except those exempted from regulation by this chapter, may be continued after July 1, 1987, only with a permit issued in accordance with sections 13-171-12, 13-171-13, 13-171-15, and 13-171-17 through 13-171-21…

An application for a permit to continue an existing use must be made within a period of one year from the date of designation. Except for appurtenant rights, failure to apply within this period creates a presumption of abandonment of the use, and the user, if the user desires to …

If two or more applications which otherwise comply with section 13-171-13 are pending for a quantity of water that is inadequate for both or all, or which for any other reason are in conflict, the commission shall first, seek to allocate water in such a manner as to accommodate b…

(a) Upon receipt of the application, the commission shall cause a notice thereof to be published in a newspaper having general circulation within the affected area. The notice shall be published at least once a week for two consecutive weeks. In addition, the commission shall cau…

(a) Within ten working days after the last public notice of the pending permit application, a party may file with the commission, written objections to the proposed permit and a brief in support of such objections. Such party shall serve copies of the objections and brief upon th…

(a) In the event no statement of objections is filed, the commission may proceed to approve or reject the permit application. (b) Upon the filing of any objections and briefs together with the briefs in support, the commission may render its decision or request further informatio…

As used in this chapter, unless the context otherwise requires: "Authorized planned use" means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. "Board" means the board …

(a) After a notice of permit application for an existing use has been published as provided in section 13-171-17, the commission shall issue an interim permit for the continuation of an existing use in effect on July 1, 1987, if the criteria set forth in section 13-171-14 are met…

(a) An interim permit is valid for such time period as prescribed by the commission and as specified on the permit therein. If an interim permit is issued pending verification of the actual quantity of water being consumed under the existing use, a final determination of that qua…

(a) The commission shall retain and continue to have jurisdiction for the purpose of reviewing and modifying every permit as may be necessary in fulfillment of its duties and obligations under this code. (b) At least once every twenty years, the commission shall conduct a compreh…

(a) A permittee may seek modification of any term of a permit. A permittee who seeks to change the use of water subject to the permit, whether or not such change in use is of a material nature, or to change the place of use of the water or to use a greater quantity of water than …

After a hearing, the commission may suspend or revoke a permit for: (1) Any materially false statement in the application for the water use permit, a modification of a permit term, or any materially false statement in any report or statement of fact required of the user pursuant …

A permit may be transferred in whole or in part from the permittee to another if: (1) The conditions of use of the permit including, but not limited to place, quantity, and purpose of the use remain the same; and (2) The commission is informed of the transfer within ninety days. …

Chapter 91, HRS shall apply except where it conflicts with this chapter. In such a case, this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, HRS, any contested case hearing under this section shall be appealed upon the record directly to…