reglab/housing_qa huggingface dataset:
HI Rev Stat § 174-19 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174. Water and Land Development|174-19 Administration of project; acreage assessments; liens.

  §174-19 Administration of project; acreage assessments; liens. All projects established pursuant to this chapter shall be administered by the board of land and natural resources. In making the final determination to establish a project, the board shall determine the proportion of acreage assessments to be borne by the land within the project. The board shall determine and certify to the director of taxation on or before March 31 of each year (1) the amount of acreage assessments necessary in that calendar year for acquisition, construction, and maintenance of facilities for each project, and (2) the acreage of each land occupier within the project.  Upon the certification the director of taxation or the director's properly authorized deputies or other assistants, shall determine the acreage assessment to be levied against the property of each land occupier by determining the amount of acreage assessments to be borne by the land within the project according to the proportion previously certified to the director by the board. The acreage assessments shall be collected by the director of taxation in the same manner as state taxes. Except in the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall be a paramount lien against the entire tract, including improvements, of the land occupier of which the assessed land, or both, of the land occupier included within the projects forms a part. The lien may be foreclosed in the same manner as liens for state taxes and in accordance with sections 231-61 to 231-68. In case of the foreclosure of any homestead land pursuant to such sections the foreclosure sale shall be subject to chapter 171. In the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall not constitute a lien on the property involved and notice of any delinquent acreage assessment shall be served upon the board of land and natural resources or the Hawaiian homes commission, as the case may be, for payment.  Acreage assessments shall be deemed revenues within the meaning of part III of chapter 39 and shall be used for the payment of the principal and interest of any revenue bonds issued hereunder.  Water tolls fixed by the board for each project under this chapter shall be collected by the board under such reasonable rules and procedures as it may establish and may modify from time to time.  All water tolls, acreage assessments, and receipts from properties sold by way of foreclosure for failure to pay acreage assessments shall be realizations of the board. [L 1961, c 166, pt of §3; Supp, §86-18; HRS §174-19; gen ch 1985; am L 1987, c 306, §12; am L 1989, c 14, §3] Cross References  Conditions in land patents, see §171-25.
HI Rev Stat § 174-20 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174. Water and Land Development|174-20 Furnishing domestic water.

  §174-20 Furnishing domestic water. In conjunction with any project which it has established, and subject to pertinent provisions of law governing the supply, the board of land and natural resources may establish a system for and supply water for domestic purposes to residents within and in close proximity to the project. The system shall be established only if (1) the board determines that it would be advisable and in the public interest to provide the domestic supply; (2) its construction and operation by the board has been consented to by the board of water supply of the county in which the project is situated, and by a majority of the land occupiers within the project; and (3) if under normal conditions of water availability, the operation of the system will not prejudice or interfere with the supply of water to the land occupiers within the project. The board may also subject to the limitations previously set forth in this section, take over, improve, and operate any existing system for the supply of domestic water if requested so to do by the owners and operators of the system. [L 1961, c 166, pt of §3; am L 1963, c 193, §27; Supp, §86-19; HRS §174-20; am L 1987, c 306, §13] Case Notes  Contract in which board rented excess transmission capacity in Molokai irrigation system without consent of homesteaders does not violate this section. 62 H. 546, 617 P.2d 1208.
HI Rev Stat § 174-21 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174. Water and Land Development|174-21 Repayment of certain state advances.

  §174-21 Repayment of certain state advances. Whenever under legislative authorization, past, present or future, general obligation bonds of the State are issued or the proceeds of general obligation bonds of the State are used, by way of advancement, for the establishment and construction of any specific project under the jurisdiction of the board of land and natural resources in its water program, the board may repay the same to the director of finance, upon the expiration of ten years from the time of initial service to the project, which ten-year term shall be the development period, as repayment on account of the advancement. Such payments shall be made over the period of the next succeeding forty years after the termination of the development period, the total of which payments shall be sufficient to reimburse the State for redemption of the bonds together with interest paid by the State in respect of the same.  The foregoing method of repayment of advances shall be effective for each phase of any multi-phase project, the amortization period for the advancement commencing ten years from the time that facilities to provide service for each new project phase are put into operation.  In the event that changing use of the land in a project substantially increases revenues, or other circumstances make it reasonably possible or desirable for the board to accelerate the amortization of advances it shall be permitted to do so. [L 1961, c 166, pt of §3; am L 1963, c 114, §1; Supp, §86-20; HRS §174-21; am L 1987, c 306, §14]
HI Rev Stat § 174-22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174. Water and Land Development|174-22 Land and water development projects; source of funds; disposition of receipts.

  §174-22 Land and water development projects; source of funds; disposition of receipts. All moneys necessary for administrative costs, engineering surveys, economic studies, plans, maps, and for other water projects or purposes of the board of land and natural resources shall be allocated by the legislature out of appropriations made from the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to carry out the purposes of this chapter. In the event any moneys are expended for engineering surveys, economic studies, plans, and other expenses directly attributable to any land or water project, or for the establishment of any land or water project, the amount of the expenditures shall be reimbursed to the state general fund from any funds received by the board for and on account of the project. [L 1961, c 166, pt of §3; Supp, §86-21; HRS §174-22; am L 1987, c 306, §15; am L 1993, c 280, §49]
HI Rev Stat § 174C-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-1 Short title.

  §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]
HI Rev Stat § 174C-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-2 Declaration of policy.

  §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 for a program of comprehensive water resources planning to address the problems of supply and conservation of water. The Hawaii water plan, with such future amendments, supplements, and additions as may be necessary, is accepted as the guide for developing and implementing this policy.  (c) The state water code shall be liberally interpreted to obtain maximum beneficial use of the waters of the State for purposes such as domestic uses, aquaculture uses, irrigation and other agricultural uses, power development, and commercial and industrial uses. However, adequate provision shall be made for the protection of traditional and customary Hawaiian rights, the protection and procreation of fish and wildlife, the maintenance of proper ecological balance and scenic beauty, and the preservation and enhancement of waters of the State for municipal uses, public recreation, public water supply, agriculture, and navigation. Such objectives are declared to be in the public interest.  (d) The state water code shall be liberally interpreted to protect and improve the quality of waters of the State and to provide that no substance be discharged into such waters without first receiving the necessary treatment or other corrective action. The people of Hawaii have a substantial interest in the prevention, abatement, and control of both new and existing water pollution and in the maintenance of high standards of water quality.  (e) The state water code shall be liberally interpreted and applied in a manner which conforms with intentions and plans of the counties in terms of land use planning. [L 1987, c 45, pt of §2; am L 1999, c 197, §1] Case Notes  As water code expressly reserves the counties' authority with respect to land use planning and policy, commission allegedly imposing a "directive" on the counties to designate priorities among proposed uses did not usurp counties' land use planning and zoning authority. 94 H. 97, 9 P.3d 409.  Commission did not err in excluding golf course irrigation from the category of "agricultural use". 94 H. 97, 9 P.3d 409.  Commission on water resource management's conclusion that "no evidence was presented" to suggest that the rights of native Hawaiians would be adversely affected by permit applicant's proposed use erroneously shifted the burden of proof to complainants; thus, commission failed to adhere to the proper burden of proof standard to maintain the protection of native Hawaiians' traditional and customary gathering rights in discharging its public trust obligations. 116 H. 481, 174 P.3d 320. Law Journals and Reviews  Where Justice Flows Like Water: The Moon Court's Role in Illuminating Hawai`i Water Law. 33 UH L. Rev. 537 (2011).
HI Rev Stat § 174C-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-4 Scope.

  §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 power of any county under chapter 46.  (b) No state or county government agency may enforce any statute, rule, or order affecting the waters of the State controlled under the provisions of this chapter, whether enacted or promulgated before or after July 1, 1987, inconsistent with the provisions of this chapter. Nothing in this chapter to the contrary shall restrict the power of any county to plan or zone as provided in chapter 46.  (c) No state or county government agency or other person having the power of eminent domain or condemnation under the laws of the State, may exercise the power with respect to condemning property if the condemnation will materially affect water resources in the State, without the written permission of the commission.  (d) No right, title, or interest in the use of any water resources of the State can be acquired by prescription. [L 1987, c 45, pt of §2] Note  Interpretation of county function. L 1987, c 45, §6. Revision Note  "July 1, 1987" substituted for "the effective date of this chapter". Case Notes  As water code expressly reserves the counties' authority with respect to land use planning and policy, commission allegedly imposing a "directive" on the counties to designate priorities among proposed uses did not usurp counties' land use planning and zoning authority. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-5.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-5.5 Water resource management fund.

  §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) Monitoring programs and activities concerning water resource quality, protection, and management;  (2) Research programs and activities concerning water conservation and investigation of alternative sources of water;  (3) Preparation and dissemination of information to the public concerning activities authorized under this chapter;  (4) Data collection, development, and updating of long-range planning documents authorized under this chapter; and  (5) Any other protection, management, operational, or maintenance functions authorized and deemed necessary by the commission, including but not limited to funding permanent or temporary staff positions.  (b) The following shall be deposited into the water resource management fund:  (1) Appropriations by the legislature to the water resource management fund;  (2) All fees and administrative charges collected under this chapter or any rule adopted thereunder;  (3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;  (4) Moneys derived from public and private sources to benefit water resource protection and management;  (5) Any moneys collected from the sale of retail items by the department related to water resources;  (6) Any other moneys collected pursuant to chapter 174C; and  (7) Moneys derived from interest, dividend, or other income from the above sources. [L 2000, c 204, §1]
HI Rev Stat § 174C-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-6 Deputy to the chairperson of the commission on water resource management.

  §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 chairperson as the chairperson of the board of land and natural resources. The deputy shall have experience in the area of water resources and shall be appointed by the chairperson with the approval of a majority of the commission.  (b) The duties of the deputy for water resource management shall be to administer and implement, under the direction of the commission, the state water code and all rules, and other directives promulgated in accordance therewith by the commission. Nothing in this provision shall be construed as limiting the authority of the commission as to matters regarding water resources.  (c) The position of deputy for water resource management is not subject to chapter 76.  (d) The salary of the deputy for water resource management shall be as provided in section 26-53 for first deputies or first assistants to the head of any department. [L 1987, c 45, pt of §2; am L 1992, c 87, §5; am L 2000, c 253, §150]
HI Rev Stat § 174C-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-8 Adoption of rules concerning water resources by the commission.

  §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 adopted no later than two years after July 1, 1987. Rules shall be adopted in conformity with chapter 91. [L 1987, c 45, pt of §2] Revision Note  "July 1, 1987" substituted for "the effective date of this chapter".
HI Rev Stat § 174C-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-9 Proceedings before the commission concerning water resources.

  §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 permit or license under this code by the commission, shall be conducted in accordance with chapter 91. Hearings regarding particular water resources shall be conducted on the island where those water resources are located. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-10 Dispute resolution.

  §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 or not the area involved has been designated as a water management area under this chapter. The final decision on any matter shall be made by the commission. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-11 Hearings officers.

  §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 hearings officers by rule or otherwise.  (b) In assigning matters to hearings officers, the chairperson shall make the assignments in a manner which ensures that hearings officers will develop familiarity and expertise with given geographic areas.  (c) In conducting a hearing on any matter referred by the commission, a hearings officer shall solicit and consider the views of the appropriate county officials responsible for planning, economic development, and resource management and such other county officials and others as the commission shall direct. Any affected county agency shall be admitted as a party upon request.  (d) Each hearings officer is deemed to be an agent of the commission with all powers associated with such designation.  (e) In order to facilitate dispute resolution, the commission may employ mediation methods where practicable including the use of masters.  (f) The commission shall adjudicate disputes where there is insufficient water to meet competing needs. [L 1987, c 45, pt of §2; am L 2000, c 253, §150]
HI Rev Stat § 174C-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-12 Judicial review of rules and orders of the commission concerning the water code.

  §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 of commission actions under this chapter. [L 1987, c 45, pt of §2; am L 2016, c 48, § §6, 14; am L 2019, c 213, §1]
HI Rev Stat § 174C-12.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-12.5 Contested cases; appeals.

  §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, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.  (b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, § §1, 14; am L 2019, c 213, §1] Cross References  Contested cases, see §174C-60.
HI Rev Stat § 174C-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-13 Citizen complaints.

  §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 polluting water or is making a diversion, withdrawal, impoundment, consumptive use of waters or any other activity occurring within or outside of a water management area, not expressly exempted under this code, without a permit where one is required, the commission shall cause an investigation to be made, take appropriate action, and notify the complainant thereof. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-14 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-14 Acquisition of real property.

  §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 which public funds may be expended.  (b) The commission may acquire real property and easements by purchase, gift, devise, lease, eminent domain, or otherwise for flood control, water management, or water and water-related resource conservation.  (c) Land, water areas, and related resources which may be acquired for this purpose include, but are not limited to, streams and other watercourses, parks and recreation areas, beaches, submerged lands, and other open areas, as well as necessary access sites and rights-of-way.  (d) This section does not limit the exercise of similar powers delegated by statute to any state or local government agency. This section is not intended to limit, in any way, the powers of the commission in regards to the acquisition of real property under any other statute. [L 1987, c 45, pt of §2]