Chapter 54 — Water

PART I. GENERALLY §54-1 Improvement by assessment. Any other law to the contrary notwithstanding, any county may construct water systems by use of the improvement by assessment method, provided that nothing herein shall be construed to prevent any county or board of water supply …

PART II. COUNTY BOARDS OF WATER SUPPLY §54-11 Definitions. As used in this chapter: "Board" means the board of water supply of each county; "Council" means the council of each county; "County" means a county or city and county of the State; "County attorney" means the legal advis…

§54-12 Board of water supply. If a county does not have an existing board of water supply, there shall be a board of water supply for each county consisting of seven members of whom five shall be nominated, and by and with the advice and consent of the council, appointed by the m…

§54-13 Organization and meetings. The members of the board of water supply shall select their own chairperson and other officers. If the chairperson is absent, the members of the board shall select an acting chairperson. The board shall hold at least one regular meeting each mont…

§54-14 Staff. The board of water supply shall appoint an engineer duly registered under chapter 464 to serve as the administrative officer of the board. The engineer shall be known as the manager and chief engineer of the board and shall be subject to chapter 77. The manager-engi…

§54-15 Powers and duties of board. The board of water supply shall manage, control, and operate the waterworks of the county and all property thereof, for the purpose of supplying water to the public in the county, and shall collect, receive, expend, and account for all sums of m…

§54-16 Legal department. The county attorney shall be the legal advisor of the board of water supply and shall prosecute and defend, as the board may require, any and all actions and proceedings involving matters under its jurisdiction. The county attorney may, with the prior app…

§54-17 Outstanding obligations. All outstanding obligations in connection with the operation of the waterworks shall be paid by the board of water supply out of waterworks funds. [L 1961, c 155, pt of §1; Supp, §145A-7; HRS §54-17]

§54-18 Purchase and sale of waterworks property; contracts. The board of water supply may contract for work, and purchase supplies, materials, or equipment, when the cost of the same can be met from the revenues or reserves of the waterworks, or from the proceeds of bonds authori…

§54-19 Construction, additions, extensions, increases, betterments, and improvements. The board of water supply shall locate and determine the character and type of all construction and additions, extensions, increases, betterments, and improvements to the waterworks, and shall d…

§54-20 Accounts, revenues and expenditures. The board of water supply shall maintain proper accounts in such manner as to show the true and complete financial status and the results of management and operation. The accounts and financial status of the board shall be examined annu…

§54-21 Reserve fund. The board of water supply may provide for the accumulation of a fund for the purpose of financing major replacements, or extensions and additions, the average estimated annual increment to which, for a period of ten years, shall not exceed fifteen per cent of…

§54-22 Revenue bond sales. The county treasurer shall, when so directed by the board of water supply, sell such bonds as may be authorized for the acquisition, construction, replacement, extension, or completion of the waterworks; provided that the sale shall otherwise be conduct…

§54-23 Provisions for payment of bonds, etc. Whenever there are outstanding any bonds of the county representing moneys heretofore or hereafter expended upon the waterworks system, the funds in the county treasury to the credit of the board of water supply shall be drawn upon by …

§54-24 Operating expenses, reserves, and appropriations. All receipts of the board of water supply other than from the sale of bonds shall be deposited daily in a bank by the board and the sums so deposited shall be accounted for and be paid into the county treasury at the end of…

§54-25 Disbursement of fund. The county treasurer shall disburse all moneys of the board only upon warrants issued by the county auditor or other county authorized signatory on accounts payable vouchers signed by the chairperson or the acting chairperson of the board, except as p…

§54-26 Rates. The board of water supply may fix and adjust rates and charges for the furnishing of water and for water service; provided no rates or charges shall be fixed or adjusted prior to the holding by the board of a public hearing, public notice of which shall be given not…

§54-27 Acquisition of lands. The board of water supply may, in the name of the county, acquire and take by purchase, lease, or otherwise, all property situated within the limits of the county that it may determine necessary for the construction, maintenance, extension, or operati…

§54-28 Agreement for joint use of utilities. The board of water supply may enter into such arrangements and agreements as it deems proper for the joint use with any other person owning the same, or having jurisdiction of the same, of poles, conduits, towers, stations, aqueducts, …

§54-29 Pensions. All officers and employees of the board of water supply shall be entitled to the benefits of part II of chapter 88. The employer's contribution to the retirement fund, as provided thereunder, shall be paid from the funds under the control of the board. [L 1961, c…

§54-30 Deposit of money in banks. All moneys deposited in the office of the county treasurer belonging to the board of water supply shall be deposited in such manner and upon such provisions and requirements, as provided by chapter 38. The county treasurer and the chairperson of …

§54-31 Name and service of process; claims against the board. The board of water supply created herein shall be known as the board of water supply of the county in which it is created, and may sue and be sued under this name. Service of process in all matters affecting the board,…

§54-32 Office and base yard facilities. The council shall provide necessary office and base yard space and facilities for the use and occupancy of the board of water supply. [L 1961, c 155, pt of §1; Supp, §145A-22; HRS §54-32]

§54-33 Rules and regulations. The board of water supply may make and from time to time alter, amend, and repeal rules and regulations relating to the management, control, operation, preservation, and protection of the waterworks of the county. The rules and regulations shall have…

§54-34 Penalties. Any person who violates any rule or regulation made and promulgated by the board of water supply pursuant to section 54-33 shall be fined not more than $500, except that in cases where the offense shall be of a continuing nature each day's continuance of the sam…

PART III. HAWAII COUNTY BOARD OF WATER SUPPLY §54-51 Board of water supply. There shall be a board of water supply of the county of Hawaii, to consist of nine members, of whom eight shall be appointive members and be appointed as hereinafter provided, and of whom the ninth member…

§54-52 Appointment. The eight appointive members of the board of water supply shall be appointed by the chairperson of the council of the county, with the approval of the council. The chairperson shall likewise designate the chairperson of the board of water supply from among the…

§54-53 Organization and meetings. As soon as may be after January 1 of each year, the board of water supply shall meet for the purpose of organization. The board shall thereafter hold regular public meetings at a designated time and place. The board may adopt such rules and regul…

§54-55 Legal department. The county attorney shall be the legal adviser of the board of water supply and shall prosecute and defend, as the board may require, any and all actions and proceedings involving matters under its jurisdiction. The county attorney may, with the prior app…

§54-56 Purchases and contracts. The board of water supply may contract for work, supplies, materials, or equipment when the cost of these can be met from the revenues or reserves of the waterworks or water systems, or from the proceeds of bonds authorized for the waterworks and w…

§54-57 Construction, additions, extensions, increases, betterments, and improvements. The board of water supply shall locate and determine the character and type of all construction and additions, extensions, increases, betterments, and improvements to waterworks and water system…

§54-58 Accounts, revenues, and expenditures. The board of water supply shall maintain proper accounts in such manner as to show the true and complete financial status and the results of management and operation. The accounts shall be kept so as to show all costs of maintenance, e…

§54-59 Audits. The auditor of the county shall make an annual audit of the accounts and financial status of the board of water supply and shall file a copy of the audit report with the council of the county. The board may, whenever necessary in connection with the issuance of any…

§54-60 Reserve fund. The board of water supply may provide for the accumulation of a fund for the purpose of financing major replacements, or extensions and additions, the average estimated annual increments to which, for a period of ten years from July 1, 1959, shall not exceed …

§54-61 Bond sales. The sale of bonds for purposes of the board of water supply shall be subject to the approval of the council of the county; when approved by the council, the treasurer of the county shall sell any bonds that are authorized for the acquisition, construction, repl…

§54-62 Disbursement of funds. All moneys expended by the board of water supply pursuant to this part shall be disbursed by the county treasurer on vouchers signed by the chairperson or acting chairperson of the board. [L 1949, c 86, §12; RL 1955, §146-111; HRS §54-62; gen ch 1993…

§54-63 Rates. The board of water supply may fix and adjust rates and charges for the furnishing of water and for water services so that the revenues derived therefrom shall be sufficient to make the waterworks and water systems self-supporting and to meet all expenditures authori…

§54-64 Acquisition of lands. The board of water supply may, in the name of the county, subject to the approval of the council of the county, acquire and take by purchase, lease, or otherwise, all property situated within the limits of the county that it may determine necessary fo…

§54-65 Agreements for joint use of utilities. The board of water supply may enter into such arrangements and agreements as it deems proper for the joint use with any other person, firm, or corporation owning the same or having jurisdiction of the same, of poles, conduits, towers,…

§54-66 Agreements for joint services of employees. The board of water supply may enter into such arrangements and agreements as it deems proper, under which employees of the department of public works of the county may divide their time between performance of services on behalf o…

§54-67 Service of process; claims. Except as otherwise provided by the county charter, section 54-31 shall apply. [L 1949, c 86, §18; RL 1955, §146-116; HRS §54-67; am L 1973, c 134, §4]