Title 12, Conservation And Resources

§174-7 Issuance of revenue bonds. The board of land and natural resources shall have the power to issue revenue bonds, as provided by part III of chapter 39 to finance in whole or in part, the cost of construction, acquisition, or maintenance of any facility or project hereunder,…

§174-8 Investment of funds. The director of finance may authorize the investment of any funds held in reserves, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. [L 1961, c 166…

§174-9 Security for funds deposited by board. The board of land and natural resources may by resolution provide that all moneys deposited by it shall be secured: (1) By any securities by which funds deposited by the director of finance of the State may be legally secured, as prov…

PART I. ADMINISTRATIVE STRUCTURE [§174C-1] Short title. This chapter shall be known and may be cited as the State Water Code. [L 1987, c 45, pt of §2]

[§174C-10] Dispute resolution. The commission shall have jurisdiction statewide to hear any dispute regarding water resource protection, water permits, or constitutionally protected water interests, or where there is insufficient water to meet competing needs for water, whether o…

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-11] Hearings officers. (a) The chairperson may appoint hearings officers, not subject to chapter 76, to hear and reach a preliminary decision on any matter concerning the implementation or administration of the state water code which the commission may refer to the hearing…

§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-13] Citizen complaints. The commission shall adopt, pursuant to chapter 91, procedural rules for the processing of citizen complaints including the right of appeal to the commission. If any person files a complaint with the commission that any other person is wasting or po…

[§174C-14] Acquisition of real property. (a) The legislature declares it to be necessary for the public health and welfare that water and water related resources be conserved and protected. The acquisition of real property for this objective shall constitute a public purpose for …

§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-15.5] Administrative violation system. With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever th…

[§174C-16] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, this invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or applicati…

§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-27] Issuance of certificate. (a) When a declaration has been filed in accordance with this section and the commission has determined that the use declared is a reasonable, beneficial use, the commission shall issue a certificate describing the use. The certificate shall be…

§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: (1) A water resource protection plan which shall be prepared by the commission; (2) Water use and development plans for each county which shall be prepared by each separ…

§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…

[§174C-4] Scope. (a) All waters of the State are subject to regulation under the provisions of this chapter unless specifically exempted. No provision of this chapter shall apply to coastal waters. Nothing in this chapter to the contrary shall restrict the planning or zoning powe…

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: (1) Whether an increase in water use or authorized planned use may cause the maximum rate of withdrawal from the ground water source to re…

[§174C-45] Surface water criteria for designation. In designating an area for 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 decl…

§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-47] Modifying and rescinding designated areas. 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…

[§174C-48] Permits required. (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…

§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: (1) Can be accommodated with the available water source; (2) Is a reasonable-beneficial use as defined in section 174C-3; (3) Will not int…

§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: (1) Shall carry out topographic surveys, research, and investigations int…

[§174C-5.5] Water resource management fund. (a) There is established in the department a special fund to be designated as the water resource management fund. The fund shall be administered by the commission. The water resource management fund shall be used for the following: (1) …

§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-51] Application for a permit. All permit applications filed under this part shall contain the following: (1) The name and address of the applicant and landowner; provided that: (A) In the event the applicant is an association, organization, partnership, trust, corporation,…

[§174C-51.5] Dual line water supply systems; installation in new industrial and commercial developments located in designated water management areas. (a) The commission, as a condition for issuing permits pursuant to this part, may require the use of dual line water supply system…

[§174C-52] Notice. (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 c…

[§174C-53] Permit issuance. (a) The commission shall determine, after a hearing, if required, whether the conditions set forth in section 174C-49(a) have been established; provided that the commission may make such determination without a hearing if the quantity of water applied …

[§174C-54] Competing applications. If two or more applications which otherwise comply with section 174C-49 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 …

[§174C-55] Duration of permits. Each permit for water use in a designated water management area shall be valid until the designation of the water management area is rescinded, unless revoked as provided in section 174C-58 or modified as provided in section 174C-57. [L 1987, c 45,…

[§174C-56] Review of permits. At least once every twenty years, the commission shall conduct a comprehensive study of all permits issued under this chapter to determine whether the conditions on such permits are being complied with. The commission shall prepare a formal report to…

[§174C-57] Modification of permit terms. (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…

[§174C-58] Revocation of permits. After a hearing, the commission may suspend or revoke a permit for: (1) Any materially false statement in the application for the water permit, a modification of a permit term, or any materially false statement in any report or statement of fact …

§174C-59 Transfer of permit. 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 o…

§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-60] Contested cases. Chapter 91 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, any contested case hearing under this section shall be appealed upon the …

[§174C-61] Fees. The commission shall promulgate a schedule of application and permit fees. The fees shall be used to defray the administrative costs of the permit systems established under this chapter. A public agency shall not be subject to the payment of any fees. [L 1987, c …