Hawaii Administrative Code

(a) The commission shall formulate a plan for implementation during periods of water shortage. As a part of the plan, the commission shall adopt a reasonable system of permit classification according to source of water supply, method of extraction or diversion, use of water, or a…

A water shortage declaration shall be made by the commission within all or part of a water management area which the commission has found and publicly declared that it is necessary to regulate the uses of water because in its opinion that usage has caused or may cause within the …

(a) The commission shall formulate a plan for implementation during periods of water shortage. As a part of the plan, the commission shall adopt a reasonable system of permit classification according to source of water supply, method of extraction or diversion, use of water, or a…

(a) When a water shortage is declared, the commission shall cause a notice thereof to be published in a prominent place in a newspaper of general circulation throughout the area. The notice shall be published each day for the first week of the shortage and once a week thereafter …

A declaration of water shortage and any measure adopted pursuant thereto may be rescinded by the commission when conditions no longer require a temporary reduction in total water use within a designated water management area. Notes Haw. Code R. § 13-171-44 [Eff. MAY 27, 1988] (Au…

(a) When a recommendation for designation of a water management area has been accepted, the commission shall hold a public hearing at a location in the vicinity of the area proposed for designation and publish a notice of the hearing setting forth: (1) A description of the land a…

If an emergency condition arises due to a water shortage within any area, whether within or outside of a water management area, and if the commission finds that the restrictions imposed under section 13-171-42 are not sufficient to protect the public health, safety, or welfare, o…

(a) When a water emergency is declared, the commission shall publish notice thereof in a newspaper of general circulation throughout the area. The notice shall be published each day for the first week of the emergency and once a week thereafter until the emergency is rescinded. (…

Any party to whom an emergency order is directed may challenge such an order but shall immediately comply with the order, pending disposition of the party's challenge. The commission shall give precedence to a hearing on such challenge over all other pending matters. Notes Haw. C…

A declaration of water emergency and any measure ordered pursuant thereto may be rescinded by the commission when conditions no longer require a temporary reduction in total water use within the emergency area. Notes Haw. Code R. § 13-171-53 [Eff. MAY 27, 1988] (Auth: HRS § 174C-…

(a) Before any proposed water management area is designated by the commission, the chairperson may conduct, cooperate with the appropriate federal or county water agencies to conduct or administer contracts to conduct, any scientific investigation or study deemed necessary for th…

(a) As provided in HRS § 174C-49(d), the commission, by rule, may reserve water in such locations and quantities and for such seasons of the year as in its judgment may be necessary. (b) The commission shall adopt within this subchapter specific reservations of water in water man…

The commission hereby reserves 1.724 million gallons per day of ground water from state lands in the Waipahu-Waiawa aquifer system for use in the Papakolea, Nanakuli, and Waianae-Lualualei Hawaiian homestead areas. This amount shall be in excess of the existing uses of water on H…

The commission hereby reserves 0.124 million gallons per day of ground water from state lands in the Waimanalo aquifer system for use in the Waimanalo Hawaiian homestead area. This amount shall be in excess of the existing uses of water on Hawaiian home lands as of the effective …

The commission hereby reserves 2.905 million gallons per day of ground water from state lands in the Kualapuu aquifer system for use on Hawaiian home lands on Molokai. This amount shall be in excess of the existing uses of water on Hawaiian home lands as of the effective date of …

In designating an area for ground water use regulation, the commission shall consider the following: (1) Whether an increase in water use or authorized planned use may cause the maximum rate of withdrawal from the ground water source to reach ninety percent of the sustainable yie…

In designating an area for surface water use regulation, the commission shall consider the following: (1) Whether regulation is necessary to preserve the diminishing surface water supply for future needs, as evidenced by excessively declining surface water levels, not related to …

After public hearing and any investigations deemed necessary have been completed, the chairperson, after consultation with the appropriate county council and county water board, shall make a recommendation to the commission for decision. If the commission decides to designate a w…

(a) The purpose of these rules is to provide for: (1) The leasing of geothermal resources on state or reserved lands; and (2) The regulation of all drilling of geothermal resources in Hawaii. (b) The rules contained in subchapters 2 through 7 shall regulate the exploration, devel…

The number of permits shall be in accordance with and as provided in § 182-8 Hawaii Revised Statutes. Notes Haw. Code R. § 13-183-10 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS § 182-8)

All applications shall be subject to the approval of and the terms and conditions set by the board. Any application for a geothermal exploration permit not approved within sixty calendar days after the date of receipt of the application shall be resubmitted unless the same has be…

Geothermal exploration permits under this subchapter allow only non-exclusive access to state or reserved lands for geothermal exploration activity prescribed in § 13-183-7 and do not provide any preference rights to a mining lease of the lands explored by the permits. In the eve…

Exploration permits shall be valid for a period of one year from date of issuance, but may be renewed for an additional period of time at the discretion of the board. Notes Haw. Code R. § 13-183-13 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS § 182-6)

Within sixty days after the termination date of an exploration permit, the permittee shall submit the results of the exploration to the chairperson of the board, which result shall be kept confidential by the board. If the permittee makes an application for a geothermal mining le…

The department may conduct scheduled and unscheduled inspections and investigations of operations conducted under geothermal exploration permits. Notes Haw. Code R. § 13-183-15 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS §§ 177-5, 199-3)

The chairperson may issue an order immediately suspending operations conducted under a geothermal exploration permit if the permittee is in violation of any terms or conditions of the permit or, in the judgment of the chairperson, the operations jeopardize the health, safety, and…

The board may cancel an exploration permit if it finds, after notice to the permittee and allowance for an opportunity for hearing and compliance with the requirements of the permit, that permit requirements are not being observed. Notes Haw. Code R. § 13-183-17 [Eff. JUN 22 1981…

The permittee shall be required to comply with the requirements of all federal, state, and applicable county laws, rules, and regulations. Notes Haw. Code R. § 13-183-18 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS § 182-14)

The board may, in accordance with these rules grant mining leases conveying to the lessee the exclusive rights to drill, discover, develop, operate, utilize, and sell geothermal resources on state and reserved lands, subject, however, to the board's right to issue exploration per…

These rules are promulgated pursuant to the jurisdiction and authority of the board of land and natural resources as provided in chapters 177, 178 and 182, Hawaii Revised Statutes. Notes Haw. Code R. § 13-183-2 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS § 183-14)

All state and reserved lands shall, at the discretion of the board, be considered available for geothermal mining leases. Notes Haw. Code R. § 13-183-20 [Eff. JUN 22 1981] (Auth: HRS: § 182-14) (Imp: HRS 182-4)

Any person as defined in § 13-183-3 of these rules shall be eligible to lease geothermal resources in state or reserved lands or take or hold an interest therein, unless the person is in arrears in the payment of taxes, rents or other obligations owing the State or any of its pol…

Mining leases on state lands shall be granted only on a competitive bid basis at public auction as provided in subchapter 4. Notes Haw. Code R. § 13-183-22 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS § 182-4)

Mining leases on reserved lands may be granted on a competitive bid basis by public auction or without public auction to the occupier or to his assignee of the rights to obtain a mining lease, upon the vote of two-thirds of the board members, pursuant to § 182-5, Hawaii Revised S…

Unless otherwise approved by the board a geothermal mining lease shall not embrace an area of more than 5,000 acres of contiguous land. No lease shall grant and include an area of more than 2,560 acres of contiguous land if that area's longest dimension is six times greater than …

(a) Any transfer of a mining lease, which includes the assignment or sublease thereof, shall be subject to the approval of the board. No transfer of a mining lease to a minor shall be approved except to a permittee's heir or devisee. All applications for approval of transfers sha…

(a) A mining lease may be revoked by the board if the lessee fails to pay rentals or royalties when due or fails to comply with any of the other terms of the lease, law, or rules, or if the lessee wholly ceases all mining operations for a period of one year without the written co…

Any lessee of a mining lease, who has complied fully with all the terms, covenants, and conditions of an existing lease and provisions of these rules, may with the consent of and under the terms and conditions set by the board surrender at any time and from time to time all or an…

(a) There shall be no limit on the number of geothermal mining leases that may be granted to a person undertaking any geothermal mining operation or production, unless otherwise authorized by law. (b) No person shall, unless it is a charitable trust existing in the State of Hawai…

(a) The term of all mining leases shall consist of a primary ten-year period and continuation periods which shall be as provided herein, except that the sum of primary and all continuation periods of the leases shall not exceed sixty-five years from the effective date of the init…

As used herein unless otherwise provided: "Board" means the board of land and natural resources. "Chairperson" means the chairperson of the board of land and natural resources or the designated representative. "Commercial quantities" means quantities sufficient to provide a retur…

(a) The lessee of a mining lease shall pay to the State in advance each year the annual rental specified for each acre or fraction thereof under the lease. The annual rental for the first year of the lease shall be due and payable and shall be received in the office of the depart…

(a) The rate of the royalty to be paid to the State for the production of geothermal resources shall be determined by the board prior to the bidding for or granting of a mining lease, but the rate shall not be less than ten percent nor more than twenty percent of the gross amount…

Lessee shall have the right, at its election prior to sale, to commingle geothermal resources produced from the leased land with that produced from other leases held by lessee or by other lessees as specified in the lessee's approved plan of operation for the lease. Prior to comm…

(a) For the purpose of more properly conserving the natural resources of any geothermal pool, field, or like area, lessees under leases issued by the board, may, with the written consent of the board, utilize the state lands under a unit, cooperative, or other plan of development…

Every lessee of a mining lease or transferee thereof shall file with the board, a bond in the amount of $10,000 in a form approved by the board and made payable to the State, conditioned upon faithful performance of all requirements of chapter 182, Hawaii Revised Statutes, of the…

(a) Prior to entry upon the leased lands, lessee or lessee's assignee, sublessee, or transferee shall cause to be secured and to be thereafter maintained in force during the term of the lease, public liability and property damage insurance from an insurance company licensed to do…