reglab/housing_qa huggingface dataset:
HI Rev Stat § 174C-15 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-15 Penalties and common law remedies.

  §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, may be subject to a fine imposed by the commission. Such fine shall not exceed $5,000. For a continuing offense, each day during which the offense is committed is a separate violation.  (c) No provision of this chapter shall bar the right of any injured person to seek other legal or equitable relief against a violator of this chapter.  (d) Except as otherwise provided by law, the commission or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. [L 1987, c 45, pt of §2; am L 2004, c 142, §6] Case Notes  Discussed: 782 F. Supp. 2d 1114 (2011).
HI Rev Stat § 174C-15.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-15.5 Administrative violation system.

  §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 the board is authorized to act, to process violations of chapter 174C or any rules adopted thereunder. [L 2004, c 142, §5] Cross References  Civil natural resource violations act, see chapter 199D.
HI Rev Stat § 174C-16 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-16 Severability.

  §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 application, and to this end the provisions of this chapter are severable. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-26 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-26 Filing of declaration.

  §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) When the commission requires filing of declarations by rules, it shall cause public notice of the rule to be given statewide for filings in the city and county of Honolulu and areawide or countywide and statewide for filings in counties other than the city and county of Honolulu. The commission shall also cause notice of the rules to be given by mail to any person required to file of whom the commission has or could readily obtain knowledge or who has requested mailed notice to be given when the commission adopts rules requiring the filing of declarations.  (c) The declarations shall be in such form and contain such information as the commission by rule prescribes, including the quantity of water used, the purpose or manner of the use, the time of taking the water, and the point of withdrawal or diversion of the water. Each declaration shall contain a statement, signed and sworn to by the person required to file the declaration, or by some other person duly authorized in the person's behalf, to the effect that the contents thereof are true to the best of the person's knowledge and belief.  (d) If no declaration is filed, the commission, in its discretion, may conclusively determine the extent of the uses required of declaration.  (e) The commission shall act upon a declaration within six months after its filing. [L 1987, c 45, pt of §2; am L 1998, c 2, §42]
HI Rev Stat § 174C-27 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-27 Issuance of certificate.

  §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 deemed to constitute a description of the use declared. With respect to certificates for water use, the confirmed usage shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.  (b) The commission shall hold a hearing upon the request of any person adversely affected by the certification or the refusal to certify any water use.  (c) Whenever a certified use of water is terminated, the owner of the certificate shall file a report with the commission, providing all information prescribed in the rules of the commission. [L 1987, c 45, pt of §2] Case Notes  The rule of correlative rights applies to all ground waters of the State. 94 H. 97, 9 P.3d 409.  Where petitioners did not establish any "existing" correlative uses, under the controlling water code permitting provisions, they had no superior "right" to a permit. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-32 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-32 Coordination.

  §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 portion thereof shall proceed in coordination with and with attention to the Hawaii state plan described in chapter 226.  (c) The Hawaii water plan and its constituent parts, except for the water quality plan, shall be adopted by the commission not later than three years from July 1, 1987. The commission shall receive the water quality plan from the department of health and incorporate this part in the Hawaii water plan. [L 1987, c 45, pt of §2; am L 1999, c 197, §3] Revision Note  "July 1, 1987" substituted for "the effective date of this chapter".
HI Rev Stat § 174C-41 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-41 Designation of water management area.

Case Notes A water management area designation may not be challenged in an original action pursuant to §91-7. 83 H. 484, 927 P.2d 1367.  §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 diversions of water, the commission shall designate the area for the purpose of establishing administrative control over the withdrawals and diversions of ground and surface waters in the area to ensure reasonable-beneficial use of the water resources in the public interest.  (b) The designation of a water management area by the commission may be initiated upon recommendation by the chairperson or by written petition. It shall be the duty of the chairperson to make recommendations when it is desirable or necessary to designate an area and there is factual data for a decision by the commission. The chairperson, after consultation with the appropriate county council, county mayor, and county water board, shall act upon the petition by making a recommendation for or against the proposed designation to the commission within sixty days after receipt of the petition or such additional time as may be reasonably necessary to determine that there is factual data to warrant the proposed designation.  (c) Designated ground water areas established under chapter 177, the Ground-Water Use Act, and remaining in effect on July 1, 1987, shall continue as water management areas. [L 1987, c 45, pt of §2; am L 1999, c 197, §4] Note  Chapter 177 referred to in text is repealed.  Standardized water audits of public water systems; reports. L 2016, c 169. Revision Note  "On July 1, 1987" substituted for "at the effective date of this chapter".
HI Rev Stat § 174C-42 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-42 Notice; public hearing required.

  §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 setting forth:  (1) A description of the land area proposed to be designated in terms of appropriate legal subdivisions and tax map keys;  (2) The purpose of the public hearing; and  (3) The time, date, and place of the public hearing where written or oral testimony may be submitted and heard. The notice shall be given once each week for three successive weeks in the appropriate county and the last notice shall be not less than ten days nor more than thirty days before the date set for the hearing. The notice of public hearing shall be considered as sufficient notice to all landowners and water users who might be affected by the proposed designation. [L 1987, c 45, pt of §2; am L 1998, c 2, §43]
HI Rev Stat § 174C-43 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-43 Investigations required.

  §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 investigation or study deemed necessary for the commission to make a decision to designate a water management area. In connection with such investigation or study, the chairperson from time to time may require reports from water users as to the amount of water being withdrawn and as to the manner and extent of the beneficial use. Such reports shall be made on forms furnished by the commission. [L 1987, c 45, pt of §2; am L 1999, c 197, §5]
HI Rev Stat § 174C-44 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-44 Ground water criteria for designation.

  §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 reach ninety per cent of the sustainable yield of the proposed ground water management area;  (2) There is an actual or threatened water quality degradation as determined by the department of health;  (3) Whether regulation is necessary to preserve the diminishing ground water supply for future needs, as evidenced by excessively declining ground water levels;  (4) Whether the rates, times, spatial patterns, or depths of existing withdrawals of ground water are endangering the stability or optimum development of the ground water body due to upconing or encroachment of salt water;  (5) Whether the chloride contents of existing wells are increasing to levels which materially reduce the value of their existing uses;  (6) Whether excessive preventable waste of ground water is occurring;  (7) Serious disputes respecting the use of ground water resources are occurring; or  (8) Whether water development projects that have received any federal, state, or county approval may result, in the opinion of the commission, in one of the above conditions.  Notwithstanding an imminent designation of a ground water management area conditioned on a rise in the rate of ground water withdrawal to a level of ninety per cent of the area's sustainable yield, the commission, when such level reaches the eighty per cent level of the sustainable yield, may invite the participation of water users in the affected area to an informational hearing for the purposes of assessing the ground water situation and devising mitigative measures. [L 1987, c 45, pt of §2; am L 1999, c 197, §6] Case Notes  Commission did not err in regulating the Waiahole Ditch infrastructure as a unified system as independent designation of water management areas does not preclude consolidated regulation where a water delivery system draws water from several different water management areas and the consolidated regulation of a single diversion works comports entirely with the commission's function of comprehensive water planning and management. 94 H. 97, 9 P.3d 409.  Given the undisputed direct interrelationship between the surface and ground waters in the Waiahole Ditch case, the designation of Windward Oahu as a ground water management area subjects both ground and surface water diversions from the designated area to the statutory permit requirement. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-45 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-45 Surface water criteria for designation.

  §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 declining surface water levels, not related to rainfall variations, or increasing or proposed diversions of surface waters to levels which may detrimentally affect existing instream uses or prior existing off stream uses;  (2) Whether the diversions of stream waters are reducing the capacity of the stream to assimilate pollutants to an extent which adversely affects public health or existing instream uses; or  (3) Serious disputes respecting the use of surface water resources are occurring. [L 1987, c 45, pt of §2] Case Notes  Commission did not err in regulating the Waiahole Ditch infrastructure as a unified system as independent designation of water management areas does not preclude consolidated regulation where a water delivery system draws water from several different water management areas and the consolidated regulation of a single diversion works comports entirely with the commission's function of comprehensive water planning and management. 94 H. 97, 9 P.3d 409.  Given the undisputed direct interrelationship between the surface and ground waters in the Waiahole Ditch case, the designation of Windward Oahu as a ground water management area subjects both ground and surface water diversions from the designated area to the statutory permit requirement. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-46 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-46 Findings of fact; decision of commission.

  §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 commission for decision. The commission shall render its decision within ninety days after the chairperson's recommendation to the commission. If the commission decides to designate a water management area, it shall cause a public notice of its decision to be given in the appropriate county and when so given, its decision shall be final unless judicially appealed. [L 1987, c 45, pt of §2; am L 1998, c 2, §44 and c 101, §3; am L 1999, c 197, §7]
HI Rev Stat § 174C-47 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-47 Modifying and rescinding designated areas.

  §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 for modifying the boundaries of an existing water management area or for rescinding an existing water management area shall be substantially similar to that for the designation of a water management area. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-48 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-48 Permits required.

  §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 water by individual users, and no permit shall be required for the use of a catchment system to gather water. An existing use in newly designated areas may be continued until such time as the commission has acted upon the application subject to compliance with section 174C-51.  (b) In its regulation of water resources in designated water management areas, the commission shall delegate to the county boards of water supply the authority to allocate the use of water for municipal purposes, subject to the limits of water supply allocated to the county boards of water supply in their role as water purveyors. [L 1987, c 45, pt of §2] Case Notes  Given the undisputed direct interrelationship between the surface and ground waters in the Waiahole Ditch case, the designation of Windward Oahu as a ground water management area subjects both ground and surface water diversions from the designated area to the statutory permit requirement. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-51 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-51 Application for a permit.

  §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, or any other legal entity doing business in Hawaii, the address of its principal place of business shall be stated in the application; and  (B) In the event a lessee, licensee, developer, or any other person with a terminable interest or estate in the land, which is the water source of the permitted water, applies for a water permit, the landowner shall also be stated as a joint applicant for the water permit;  (2) The date of application;  (3) The water source of the water supply;  (4) The quantity of water requested;  (5) The use of the water and any limitations thereon;  (6) The location of the use of water;  (7) The location of the well or point of diversion; and  (8) Such other relevant information that the commission may request from time to time. The commission in its discretion may allow a person to apply for several related withdrawals in the same application for a water permit. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-51.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-51.5 Dual line water supply systems; installation in new industrial and commercial developments located in designated water management areas.

  §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 systems in new industrial and commercial developments located in designated water management areas. The commission shall not require the use of dual line water supply systems if:  (1) There is a threat to existing water quality or to public health and safety, as determined by the department of health;  (2) A source of nonpotable water will not be reasonably available in the near future as determined by the commission; or  (3) There is a serious threat to permitted ground or surface water uses within a designated water management area as determined by the commission.  (b) The county boards of water supply, in consultation with the department of health, shall adopt standards for nonpotable water distributed through dual line water supply systems, and rules regarding the use of nonpotable water. The standards and rules shall be adopted in accordance with chapter 91 and shall protect existing water quality and the health and safety of the public.  (c) For the purposes of this section, the term:  "Developments" means one or more commercial or industrial subdivisions approved after May 30, 2000. It shall not apply to any modification, addition to, or replacement of, any commercial or industrial subdivision in existence prior to May 30, 2000.  "Dual line water supply system" means a supply system that distributes potable and nonpotable water through parallel but separate distribution lines. [L 2000, c 144, §2] Revision Note  "May 30, 2000" substituted for "the effective date of this Act".
HI Rev Stat § 174C-52 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-52 Notice.

  §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 commission shall cause a copy of such notice to be sent to any person who has filed a written request for notification of any pending applications affecting a particular designated area and to the mayor and the water board of the affected county. This notification shall be sent by regular mail before the date of last publication. The commission shall also make available to the public, upon request, a monthly bulletin of all pending applications.  (b) The notice and the monthly bulletin shall contain the name and address of the applicant; the date of filing; the date set for a hearing, if any; the source of the water supply; the quantity of water applied for; the use to be made of the water and any limitations thereon; the place of the use; and the location of the well point or diversion.  (c) The notice shall state that written objections to the proposed permit may be filed with the commission by a specified date. The commission shall establish by rules the time limits within which objections must be filed. The commission, at its discretion, may request further information from either applicant or objectors, and a reasonable time shall be allowed for such responses. Each applicant shall be notified by the commission of the objections filed to an application. [L 1987, c 45, pt of §2]