Title 12, Conservation And Resources

§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…

[§174C-8] Adoption of rules concerning water resources by the commission. The commission shall adopt and enforce such rules as may be necessary or convenient to administer this chapter. The initial set of rules, subject to later amendment, revisions, or additions, shall be adopte…

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-82] Powers and duties of the commission. In addition to its other powers and duties, the commission shall:

[§174C-83] Registration of all existing wells. Any person owning or operating any well shall register the well with the commission. Registration shall be on the forms provided by the commission. The registration report shall include such information as prescribed by the commissio…

[§174C-84] Permits for well construction and pump installation. (a) No well construction and no installation of pumps and pumping equipment shall commence without appropriate permit from the commission. An application for a permit for well construction shall be required for all a…

[§174C-85] Well completion report. Within thirty days after the completion of the well, the well driller and pump installation contractor shall file with the commission a written report containing such information prescribed by the commission, including, as appropriate: the depth…

[§174C-86] Well construction and pump installation standards. (a) The commission shall adopt minimum standards for the construction of wells and the installation of pumps and pumping equipment. The standards shall be such as to ensure the safe and sanitary maintenance and operati…

§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 …

[§174C-9] Proceedings before the commission concerning water resources. All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permi…

PART VIII. STREAM DIVERSION WORKS [§174C-91] Definition. In this part: "Stream diversion works" means any artificial or natural structure emplaced within the stream for the purpose of diverting stream water. [L 1987, c 45, pt of §2]

[§174C-92] Registration of existing stream diversion works. Any person owning or operating a stream diversion works within or outside of a water management area shall register such work with the commission. Registration shall be on the forms provided by the commission. Reporting …

[§174C-93] Permits for construction or alteration. No person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a permit from the commission. The commission may impose such reasonable conditions as are necess…

[§174C-94] Completion report. Within thirty days after the completion of construction or alteration of any stream diversion work, the permittee shall file a written statement of completion with the commission. The commission shall designate the form of such statement and such inf…

[§174C-95] Abandonment. Any owner of any stream diversion work wishing to abandon or remove such work shall first obtain a permit to do so from the commission. [L 1987, c 45, pt of §2]

[§174E-1] Definitions. As used in this chapter, unless a different meaning is plainly required by the context: "Board" means the board of land and natural resources. "Chairperson" means the chairperson of the board of land and natural resources. "Department" means the department …

[§174E-2] Policy lead and coordination. (a) The department shall serve as the State's policy lead on WAI initiatives through the position of the WAI policy coordinator, to be placed in the office of the chairperson. The WAI policy coordinator shall work with respective state and …

[§174E-3] Red Hill remediation special fund. (a) There is established in the state treasury the Red Hill remediation special fund, into which shall be deposited the following moneys: (b) The special fund shall be administered by the WAI policy coordinator. (c) The moneys in the s…

[§174E-4] Cooperation by state and county agencies. All state and county agencies shall provide all information and data requested by the WAI policy coordinator within thirty calendar days; provided that the WAI policy coordinator may, in the coordinator's discretion, set a longe…

[§174E-5] Report. The WAI policy coordinator shall submit a report of the coordinator's activities and expenditures to the legislature, governor, and mayor and city council of the city and county of Honolulu no later than December 1 of each year, beginning in 2025. [L 2025, c 197…

§179-1 Declaration of purpose. It is declared:

§179-2 Definitions. The following terms, whenever used and referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears in the context: "Abnormal tidal action" includes high seas or surf, hurricane floods, and tsunami or se…

§179-3 Statewide flood control agency and program. (a) The board of land and natural resources, whose functions include under the existing laws of Hawaii, the management and administration of water resources of the State, is hereby designated as the state agency responsible for t…

§179-4 Powers, duties, and jurisdiction of the board. In addition to those powers and responsibilities of the board of land and natural resources established by existing law, the board is authorized to implement the declared purposes of this chapter with regard to flood control a…

PART I. GENERAL PROVISIONS §179D-1 Short title. This chapter shall be known and may be cited as the "Hawaii Dam and Reservoir Safety Act of 2007". [L 1987, c 199, pt of §1; am L 2007, c 262, §3]

§179D-2 Declaration of purpose. The purpose of this chapter is to provide for the inspection and regulation of construction, enlargement, repair, alteration, maintenance, operation, and removal of all dams or reservoirs to protect the health, safety, and welfare of the citizens o…

PART II. DAM AND RESERVOIR SAFETY [§179D-21] Certificate of approval to impound. No owner of a dam or reservoir shall impound water without a valid certificate of approval to impound water at the dam or reservoir. [L 2007, c 262, pt of §1]

[§179D-22] Entry upon property. (a) The department shall have the right to direct and conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this part. For this purpose, the agents or employees of the department or any authorized repre…

[§179D-23] Injunctive relief. Whenever in the judgment of the department any person has engaged in or is about to engage in any act or practice that constitutes or will constitute an unlawful action under this chapter, the department may apply to the circuit environmental court o…

[§179D-24] Emergency actions. (a) If, in the opinion of the department, conditions of any dam or reservoir are so dangerous to the health and safety of life or property as to not permit time for issuance and enforcement of an order relative to construction, modification, maintena…

[§179D-25] Establishment of dam and reservoir safety special fund. (a) There is established in the department a special fund, to be designated the dam and reservoir safety special fund. The fund shall be administered by the board. The following shall be deposited into the dam and…

[§179D-26] Liens. (a) Costs of construction, enlargement, repair, alteration, or removal work done to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, the lien shall …

[§179D-27] Dams and reservoirs completed prior to July 6, 2007. (a) Every owner of a dam or reservoir that falls within the definition of a dam or reservoir in this chapter and was completed prior to July 6, 2007 shall file with the board a separate application for a certificate …

[§179D-28] Dams and reservoirs under construction, enlargement, repair, alteration, or removal before July 6, 2007. (a) Any dam or reservoir that falls within the definitions of a dam or reservoir in this chapter and which the board finds was under construction, enlargement, repa…

[§179D-29] Annual report. The department shall submit an annual report to the governor and the legislature by January 5 of each year concerning the activities of the department relating to this chapter for the preceding fiscal year. The report shall include but not be limited to …

§179D-3 Definitions. The following terms, whenever used and referred to in this chapter, shall have the following meanings, unless a different meaning clearly appears in the context: "Application approval" means authorization in writing issued by the board to an owner who has app…

§179D-30 Dam and reservoir owners; general requirements and responsibilities. Dam and reservoir owners subject to regulation under this chapter shall, among other general requirements and responsibilities:

§179D-31 Dam and appurtenance improvement or removal grant program; special fund; established. (a) There is established a dam and appurtenance improvement or removal grant program, to be developed and administered by the department for the improvement or removal of deficient dams…

§179D-4 Liability for damages. (a) Nothing contained in this chapter shall be construed to constitute a waiver of any immunity of the State and no action or failure to act under this chapter shall be construed to create any liability in the State, board, department, or its office…

§179D-6 General powers and duties of the board of land and natural resources. (a) All dams or reservoirs in the State shall be under the jurisdiction of the board until the board declares which dams or reservoirs are to be removed from its jurisdiction. (b) The board shall admini…

§179D-7 Administrative and judicial review. (a) The findings and order of the board, and the board's approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or othe…

§179D-8 Violations; penalties. (a) Except as otherwise provided by law, the board may set, charge, and collect administrative penalties and recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative penalties, fees,…

§179D-9 Enactment of rules. The department shall adopt the necessary rules not later than one and one-half years after July 1, 2007. [L 1987, c 199, pt of §1; am L 2007, c 262, §10]

§180-1 Definitions. Whenever used in this chapter: "Director" means a member of the governing body of a district. "District" or "soil and water conservation district" means a governmental subdivision of this State, and a public body corporate and politic, organized in accordance …