PART III. HAWAII WATER PLAN
§174C-31 Hawaii water plan. (a) The Hawaii water plan shall consist of four parts:
(b) All water use and development plans shall be prepared in a manner consistent with the following conditions:
(c) To prepare the water resource protection and water quality plans, the commission shall:
(d) The water resource protection plan shall include but not be limited to:
Thereafter, the commission, in coordination with the counties and the department of health, shall formulate an integrated coordinated program for the protection, conservation, and management of the waters in each county based on the above studies. This program, with such amendments, supplements, and additions as may be necessary, shall be known as the water resource protection and water quality plans.
Thereafter, each county shall prepare a water use and development plan and the appropriate state agency shall prepare the state water projects plan.
(e) The department of agriculture and biosecurity shall prepare a state agricultural water use and development plan for agricultural uses in the State in accordance with chapter 167 and this chapter, and subsequently modify and update the plan as necessary. The state agricultural water use and development plan shall include but not be limited to a master irrigation inventory plan that shall:
The commission shall coordinate the incorporation of the state agricultural water use and development plan into the state water projects plan.
(f) Each county water use and development plan shall include but not be limited to:
(g) The Hawaii water plan shall be directed toward the achievement of the following objectives:
(h) The Hawaii water plan shall divide each county into sections which shall each conform as nearly as practicable to a hydrologic unit. The commission shall describe and inventory:
(i) Within each hydrologic unit the commission shall establish the following:
(j) The commission shall condition permits under part IV of this chapter in such a manner as to protect instream flows and maintain sustainable yields of ground water established under this section.
(k) The commission shall give careful consideration to the requirements of public recreation, the protection of the environment, and the procreation of fish and wildlife. The commission may prohibit or restrict other future uses on certain designated streams which may be inconsistent with these objectives.
(l) The commission may designate certain uses in connection with a particular source of supply which, because of the nature of the activity or the amount of water required, would constitute an undesirable use for which the commission may deny a permit under the provisions of part IV.
(m) The commission may also designate certain uses in connection with a particular source of supply which, because of the nature of the activity or amount of water required, would result in an enhancement or improvement of the water resources of the area. Such uses shall be preferred over other uses in any action pursuant to sections 174C-50(h) and 174C-54.
(n) 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.
(o) In formulating or revising the plans, each county and the commission shall consult with and carefully evaluate the recommendations of concerned federal, state, and county agencies.
(p) The commission shall not adopt, approve, or modify any portion of the Hawaii water plan which affects a county or any portion thereof without first holding a public hearing on the matter on the island on which the water resources are located. At least ninety days in advance of such hearing, the commission shall notify the affected county and shall give notice of such hearing by publication within the affected region and statewide.
(q) In formulating or revising each county's water use and development plan, the state water projects plan, the water resource protection plan and the water quality plan, each county and the commission shall incorporate the current and foreseeable development and use needs of the department of Hawaiian home lands for water as provided in section 221 of the Hawaiian Homes Commission Act.
Each county shall update and modify its water use and development plans as necessary to maintain consistency with its zoning and land use policies. [L 1987, c 45, pt of §2; am L 1988, c 276, §1; am L 1991, c 325, §6; am L 1998, c 101, §1; am L 1999, c 197, §2; am L 2008, c 233, §10; am L 2016, c 170, §1; am L 2017, c 5, §1; am L 2025, c 236, §17]