Chapter 174C — Chapter 174C

PART IX. NATIVE HAWAIIAN WATER RIGHTS §174C-101 Native Hawaiian water rights. (a) Provisions of this chapter shall not be construed to amend or modify rights or entitlements to water as provided for by the Hawaiian Homes Commission Act, 1920, as amended, and by chapters 167 and 1…

§174C-12 Judicial review of rules and orders of the commission concerning the water code. Except as otherwise provided in this chapter, judicial review of rules and orders of the commission under this chapter shall be governed by chapter 91. Trial de novo is not allowed on review…

[§174C-12.5 Contested cases; appeals.] (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, a…

§174C-15 Penalties and common law remedies. (a) The commission may enforce its rules and orders adopted pursuant to this chapter by suit for injunction or for damages or both. (b) Any person who violates any provision of this chapter, or any rule adopted pursuant to this chapter,…

§174C-2 Declaration of policy. (a) It is recognized that the waters of the State are held for the benefit of the citizens of the State. It is declared that the people of the State are beneficiaries and have a right to have the waters protected for their use. (b) There is a need f…

PART II. REPORTS OF WATER USE §174C-26 Filing of declaration. (a) Any person making a use of water in any area of the State shall file a declaration of the person's use with the commission within one year from the effective date of rules adopted to implement this chapter. (b) Whe…

§174C-3 Definitions. As used in this chapter, unless the context otherwise requires: "Agricultural use" means the use of water for the growing, processing, and treating of crops, livestock, aquatic plants and animals, and ornamental flowers and similar foliage. "Authorized planne…

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 qu…

§174C-32 Coordination. (a) Respective portions of the water resource protection and water quality plans, and the water use and development plans of each county, shall be developed together to achieve maximum coordination. (b) The development of the Hawaii water plan or any portio…

PART IV. REGULATION OF WATER USE §174C-41 Designation of water management area. (a) When it can be reasonably determined, after conducting scientific investigations and research, that the water resources in an area may be threatened by existing or proposed withdrawals or diversio…

§174C-42 Notice; public hearing required. 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 give public notice of the hearing settin…

§174C-43 Investigations required. Before any proposed water management area is designated by the commission, the chairperson may conduct, cooperate with the appropriate federal or county water agency in conducting, or administer contracts for the conduct of, any scientific invest…

§174C-44 Ground water criteria for designation. In designating an area for water use regulation, the commission shall consider the following: Notwithstanding an imminent designation of a ground water management area conditioned on a rise in the rate of ground water withdrawal to …

§174C-46 Findings of fact; decision of commission. After public hearing and any investigations deemed necessary have been completed, the chairperson, after consultation with the appropriate county council, county mayor, and county water board, shall make a recommendation to the c…

§174C-49 Conditions for a permit. (a) To obtain a permit pursuant to this part, the applicant shall establish that the proposed use of water: (b) Within sixty days after receipt of a notice of a permit application, the county shall inform the commission if the proposed use is inc…

§174C-5 General powers and duties. The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission:

§174C-50 Existing uses. (a) All existing uses of water in a designated water management area, except those exempted from regulation by this chapter, may be continued after the effective date of designation only with a permit issued in accordance with sections 174C-51, 174C-52, an…

§174C-59 Transfer of permit. A permit may be transferred, in whole or in part, from the permittee to another, if: Failure to inform the commission of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer which involves a change in…

§174C-6 Deputy to the chairperson of the commission on water resource management. (a) There shall be a first deputy to the chairperson of the commission on water resource management ("deputy for water resource management") who shall be in addition to any other first deputy to the…

§174C-63 Appurtenant rights. Appurtenant rights are preserved. Nothing in this part shall be construed to deny the exercise of an appurtenant right, including access by the holder thereof to conduct activities necessary to assure the use, delivery, and quality of water including …

§174C-67 Exchange of information. (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…

§174C-68 Water quality plan. (a) 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 described in part III. Requirements for the plan shall be governe…

§174C-7 Commission on water resource management. (a) There is established within the department a commission on water resource management consisting of seven members which shall have exclusive jurisdiction and final authority in all matters relating to implementation and administ…

PART VI. INSTREAM USES OF WATER §174C-71 Protection of instream uses. The commission shall establish and administer a statewide instream use protection program. In carrying out this part, the commission shall cooperate with the United States government or any of its agencies, oth…

PART VII. WELLS §174C-81 Definitions. As used in this part, unless the context otherwise requires, the terms: "Abandoned well" means any well: "Installation of pumps and pumping equipment" means the procedure employed in the placement and preparation for operation of pumps and pu…

§174C-87 Sealing of abandoned wells. (a) When a well is abandoned, the owner shall seal the abandoned well in a manner approved by the commission. Before sealing, the owner shall file with the commission an application for a well sealing permit signed by a driller licensed to do …