reglab/housing_qa huggingface dataset:
HI Rev Stat § 174C-53 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-53 Permit issuance.

  §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 for does not exceed an average amount per month to be established by rule or if the quantity of water applied for exceeds an average amount per month to be established by rule, but no objection to the application is filed by any person having standing to file an objection.  (b) In acting upon any application, the commission need consider only those objections filed by a person who has some property interest in any land within the hydrologic unit from which the water sought by the applicant is to be drawn or who will be directly and immediately affected by the water use proposed in the application. The commission shall adopt rules governing the filing of objections and the persons having standing to file objections.  (c) An application shall be acted upon within ninety calendar days of an application not requiring a hearing, or within one hundred eighty calendar days of an application requiring a hearing. The time periods prescribed in this section shall not be deemed to run for any period in which an application is not complete in all material respects, in the judgment of the commission.  (d) As a condition for the issuance of a permit the commission may require the permittee to install meters, gauges, or other appropriate measuring devices. [L 1987, c 45, pt of §2] Case Notes  Section allows for the consolidated regulation of a single diversion works such as the Waiahole Ditch System. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-54 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-54 Competing applications.

  §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 such a manner as to accommodate both applications if possible; second, if mutual sharing is not possible, then the commission shall approve that application which best serves the public interest. [L 1987, c 45, pt of §2] Case Notes  Petitions for interim instream flow standard amendments are not among the water use permit applications "competing" under this section; the statute relating to instream use protection, §174C-71, operates independently of the procedures for water use regulation outlined in this part. 94 H. 97, 9 P.3d 409.
HI Rev Stat § 174C-55 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-55 Duration of permits.

  §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, pt of §2]
HI Rev Stat § 174C-56 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-56 Review of permits.

  §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 the legislature which shall be available to the public. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-57 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-57 Modification of permit terms.

  §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 to use a greater quantity of water than allowed under the permit or to make any change in respect to the water which may have a material effect upon any person or upon the water resource, shall make application pursuant to section 174C-51 in respect to such a change. Modification of one aspect or condition of a permit may be conditioned on the permittee's acceptance of changes in other aspects of the permit.  (b) All permit modification applications shall be treated as initial permit applications and be subject to sections 174C-51 to 174C-56; except that if the proposed modification involves an increase in the quantity of water not exceeding an average amount per month to be established by rule, the commission, at its discretion, may approve the proposed modification without a hearing provided that the permittee establishes that:  (1) A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee's needs; or  (2) The proposed modification would result in a more efficient utilization of water than is possible under the existing permit.  (c) County agencies are exempt from the requirements of this section except where the modification involves a change in the quantity of water to be used or where the new use would adversely affect the quality of the water or quantity of use of another permittee. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-58 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-58 Revocation of permits.

  §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 required of the user pursuant to this part.  (2) Any wilful violation of any condition of the permit.  (3) Any violation of any provision of this chapter.  (4) Partial or total nonuse, for reasons other than conservation, of the water allowed by the permit for a period of four continuous years or more. The commission may permanently revoke the permit as to the amount of water not in use unless the user can prove that the user's nonuse was due to extreme hardship caused by factors beyond the user's control. The commission and the permittee may enter into a written agreement that, for reasons satisfactory to the commission, any period of nonuse may not apply towards the four-year revocation period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section 174C-62 shall not apply towards the four-year period of forfeiture. The commission may cancel a permit, permanently and in whole, with the written consent of the permittee. [L 1987, c 45, pt of §2] Case Notes  The state water code both expressly and impliedly authorizes the commission to issue a water use permit that allocates water in excess of a four-year time frame; paragraph (4) is an enforcement mechanism by which the commission may suspend or revoke a water use permit upon knowledge that a permitted allocation of water, which the commission has expected to be used within a four-year time frame, has not been utilized. 103 H. 401, 83 P.3d 664.  Where it could not be said that closure of hotel and golf course would have no impact on applicant's proposed uses in light of commission on water resource management's findings and conclusions pursuant to the "reasonable-beneficial use" standard set forth in §174C-49 and defined in §174C-3, commission's reliance on paragraph (4), allowing applicant four years to fulfill its proposed uses before the commission may suspend or revoke a permit, was misplaced; as commission failed to consider the impact the closures may have on applicant's proposed uses when it made its proposed use allocation decision, proposed use permit vacated. 116 H. 481, 174 P.3d 320.
HI Rev Stat § 174C-59 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-59 Transfer of permit.

  §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 of the transfer within ninety days.  Failure to inform the commission of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer which involves a change in any condition of the permit, including a change in use covered in section 174C-57, is also invalid and constitutes a ground for revocation. [L 1987, c 45, pt of §2; am L 1999, c 197, §9] Case Notes  Where conditions of the permit remained unchanged upon transfer and the parties notified the commission of the transfer, the parties complied with the plain language of this section and, thus, the transfer was valid. 105 H. 1, 93 P.3d 643.
HI Rev Stat § 174C-60 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-60 Contested cases.

  §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 record directly to the supreme court for final decision. [L 1987, c 45, pt of §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section. Cross References  Contested cases; appeals, see §174C-12.5. Case Notes  A water management area designation is not the product of a contested case hearing, under chapter 91, from which a direct appeal to the supreme court may be brought under this section. 83 H. 484, 927 P.2d 1367.  This section is inconsistent with and cannot stand together with § §602-5 and 602-57, as amended by Act 202, L 2004, and was deemed amended by implication, effective July 1, 2006, to authorize appeals from the water commission to the intermediate appellate court, not to the supreme court. 113 H. 52, 147 P.3d 836.
HI Rev Stat § 174C-61 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-61 Fees.

  §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 45, pt of §2]
HI Rev Stat § 174C-62 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-62 Declaration of water shortage.

  §174C-62 Declaration of water shortage. (a) The commission shall formulate a plan for implementation during periods of water shortage. As a part of the plan, the commission shall adopt a reasonable system of permit classification according to source of water supply, method of extraction or diversion, use of water, or a combination thereof.  (b) The commission, by rule, may declare that a water shortage exists within all or part of an area when insufficient water is available to meet the requirements of the permit system or when conditions are such as to require a temporary reduction in total water use within the area to protect water resources from serious harm. The commission shall publish a set of criteria for determining when a water shortage exists.  (c) In accordance with the plan adopted under subsection (a), the commission may impose such restrictions on one or more classes of permits as may be necessary to protect the water resources of the area from serious harm and to restore them to their previous condition.  (d) A declaration of water shortage and any measures adopted pursuant thereto may be rescinded by rule by the commission.  (e) When a water shortage is declared, the commission shall cause a notice thereof to be published in a prominent place in a newspaper of general circulation throughout the area. The notice shall be published each day for the first week of the shortage and once a week thereafter until the declaration is rescinded. Publication of such notice shall serve as notice to all water users in the area of the condition of water shortage.  (f) The commission shall cause each permittee in the area to be notified by regular mail of any change in the conditions of the permittee's permit, any suspension thereof, or of any other restriction on the use of water for the duration of the water shortage.  (g) If an emergency condition arises due to a water shortage within any area, whether within or outside of a water management area, and if the commission finds that the restrictions imposed under subsection (c) are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, municipal, agricultural, or other reasonable uses, the commission may issue orders reciting the existence of such an emergency and requiring that such actions as the commission deems necessary to meet the emergency be taken, including but not limited to apportioning, rotating, limiting, or prohibiting the use of the water resources of the area. Any party to whom an emergency order is directed may challenge such an order but shall immediately comply with the order, pending disposition of the party's challenge. The commission shall give precedence to a hearing on such challenge over all other pending matters. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-63 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-63 Appurtenant rights.

  §174C-63 Appurtenant rights. Appurtenant rights are preserved. Nothing in this part shall be construed to deny the exercise of an appurtenant right by the holder thereof at any time. A permit for water use based on an existing appurtenant right shall be issued upon application. Such permit shall be subject to sections 174C-26 and 174C-27 and 174C-58 to 174C-62. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-66 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-66 Jurisdiction over water quality.

  §174C-66 Jurisdiction over water quality. The department of health shall exercise the powers and duties vested in it for the administration of the State's water quality control program as provided by law. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-67 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-67 Exchange of information.

  §174C-67 Exchange of information. (a) The department of health shall submit to the commission such information as the commission shall require as prescribed in its rules, provided it does not jeopardize any pending or ongoing enforcement action.  (b) The commission shall submit to the department of health such information as the department of health shall require, for the performance of its water quality functions. [L 1987, c 45, pt of §2; am L 1999, c 197, §10]
HI Rev Stat § 174C-68 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-68 Water quality plan.

  §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 governed by chapters 340E and 342. The state water quality plan shall include water quality criteria for the designation of ground water management areas and surface water management areas pursuant to section 174C-44 and 174C-45.  (b) The state water quality plan shall be periodically reviewed and revised by the department of health as needed.  (c) In formulating or revising the state water quality plan, the department of health shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies, particularly county water supply agencies.  (d) The department of health may ban the importation into this State of any substances which the department of health reasonably believes may present a danger to the water quality of this State. [L 1987, c 45, pt of §2; am L 1999, c 197, §11] Note  Chapter 342 referred to in text is repealed. Cross References  Water pollution, see chapter 342D.
HI Rev Stat § 174C-81 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-81 Definitions.

  §174C-81 Definitions. As used in this part, unless the context otherwise requires, the terms:  "Abandoned well" means any well that has been permanently discontinued. Any well shall be deemed abandoned which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical.  "Installation of pumps and pumping equipment" means the procedure employed in the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well, and establishing seals and repairs to existing installations.  "Pump installation contractor" means any person, firm, or corporation which is in the business of installing or repairing pumps and pumping equipment.  "Pumps and pumping equipment" means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water. It includes seals, tanks, fittings, and controls.  "Repairs" means any change, replacement, or other alteration of any well, pump, or pumping equipment which requires a breaking or opening of the well seal.  "Well" shall be as defined in section 174C-3.  "Well construction" means the producing of any well, including the construction, alteration, or repair thereof, but excluding the installation of pumps and pumping equipment.  "Well driller" means any person, firm, or corporation which constructs, alters, or repairs wells.  "Well seal" means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the other terminal. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-82 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-82 Powers and duties of the commission.

  §174C-82 Powers and duties of the commission. In addition to its other powers and duties, the commission shall:  (1) Require registration of all existing wells, as provided in section 174C-83;  (2) Require permits for well construction and for installation of pumps and pumping equipment as provided in section 174C-84;  (3) Require well completion reports, as provided in section 174C-85;  (4) Develop well construction and installation standards for pumps and pumping equipment, as provided in section 174C-86; and  (5) Adopt, modify, and enforce all rules and orders necessary to carry out this part. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-83 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-83 Registration of all existing wells.

  §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 commission, including the water use permit number; the location of the well; the diameter of the well; the maximum capacity of the well; the name of the well driller who constructed the well; and the name of the pump installation contractor who installed the pump and pumping equipment.  The commission may deny the issuance of a water use permit under part IV, until such time as the applicant registers all wells which the applicant owns or operates. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-85 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-85 Well completion report.

  §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, thickness, and character of the different strata penetrated and the location of water-bearing strata; the date of completion of the well; the length, size, and weight of the casing and a description of the placement of the casing; the size of the drilled hole; where the well is sealed off; the type of seal; the number of cubic feet per second or gallons per minute of flow from the well; the pressure in pounds per square inch, if a flowing well, and the static water level and water temperature, if a nonflowing well; and a chemical analysis of a water sample drawn from the well. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-86 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-86 Well construction and pump installation standards.

  §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 operation of wells, the prevention of waste, and the prevention of contamination of the waters. The minimum standards for well construction shall include the criteria for well location and the procedures for grouting, sealing, capping, and plugging wells. They shall also provide for the installation of devices to measure the amount of ground water being withdrawn from the wells. The minimum standards for the installation of pumps and pumping equipment shall include the required equipment characteristics and construction.  (b) If any well construction or pump installation standard is violated and as a consequence ground water is wasted or any well is contaminated, the commission, after giving notice of the defect to the owner of the land on which the well is located and giving such owner a reasonable time to correct the defect, may itself correct the defect and charge the landowner for the cost of such correction. Such cost constitutes a lien on the land until paid. The lien may be foreclosed in any court of competent jurisdiction, and in such foreclosure suit, the court shall allow the commission reasonable attorney's fees. [L 1987, c 45, pt of §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 174C-87 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-87 Abandonment of wells.

  §174C-87 Abandonment of wells. When a well is abandoned, the owner shall fill and seal the well in a manner approved by the commission. Before abandonment, the owner shall file with the commission a report showing the owner's name and address; the water use permit number, if any; the name and address of the well driller who will be employed to perform the work required for abandonment; the reason for abandonment; a description of the work to be performed to effect the abandonment; and such other information as the commission may require. [L 1987, c 45, pt of §2; am L 1999, c 197, §12]
HI Rev Stat § 174C-91 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-91 Definition.

  §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]