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2023 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]
2023 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".
2023 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]
2023 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 (2000).
2023 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 (2000).
2023 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]
2023 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]
2023 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]
2023 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 (2004).
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 (2007).
2023 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 (2004).
2023 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 (1996).
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 (2006).
2023 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]
2023 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]
2023 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, including access by the holder thereof to conduct activities necessary to assure the use, delivery, and quality of water including temperature and turbidity, that shall not be unreasonably withheld. A permit for water use based on an existing appurtenant right shall be issued upon application. The permit shall be subject to sections 174C-26 and 174C-27 and 174C-58 to 174C-62. [L 1987, c 45, pt of §2; am L 2022, c 27, §4]
2023 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]
2023 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.
2023 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:
(1) The purpose or use of which has been permanently discontinued;
(2) That has served its purpose;
(3) That is not properly maintained;
(4) The physical condition of which is causing a waste of ground water or is impairing or threatens to impair the quality of the ground water resources; or
(5) That is in such a state of disrepair that its continued use is impractical or poses a hazard to public health or safety.
"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; am L 2022, c 213, §2]
2023 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]
2023 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]
2023 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]
2023 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.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-87 Sealing of abandoned wells.

§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 the work and other information required by the commission.
(b) The owner of an abandoned well shall repair or seal the well at the owner's expense, as provided by the well construction and pump installation standards.
(c) Notwithstanding any other law to the contrary, if the owner of real property that includes an abandoned well transfers ownership of the real property, the owner shall notify the commission on water resource management of that transfer upon opening of escrow; provided that the presence or existence of the abandoned well is:
(1) Within the knowledge of the owner; or
(2) Visible from an accessible area. [L 1987, c 45, pt of §2; am L 1999, c 197, §12; am L 2022, c 213, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-92 Registration of existing stream diversion works.

§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 requirements on the registration forms shall be reasonable. [L 1987, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-93 Permits for construction or alteration.

§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 necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the general plan and land use policies of the State and the affected county. Nothing in this section shall be construed to be inconsistent with part IV.
A person proposing to construct or alter a stream diversion work shall apply to the commission for a permit authorizing such construction or alteration. The application shall contain the following:
(1) Name and address of the applicant;
(2) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land;
(3) Location of the work;
(4) Engineering drawings showing the detailed plans of construction;
(5) Detailed specifications of construction;
(6) Name and address of the person who prepared the plans and specifications for construction;
(7) Name and address of the person who will construct the proposed work;
(8) General purpose of the proposed work; and
(9) Such other information as the commission may require. [L 1987, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-94 Completion report.

§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 information as it shall require. [L 1987, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179. Flood Control and Flood Water Conservation › 179-1 Declaration of purpose.

§179-1 Declaration of purpose.
It is declared:
(1) That floods caused by heavy rainstorms and abnormal tidal action are detrimental to the health, safety, and general welfare of the people of the State, resulting in jeopardy to and the loss of life and property, disruption of commerce, and interruption of transportation and communications; that the reduction of flood damage is therefore of primary importance to the people of the State; and the conservation and beneficial use of flood water is an essential adjunct to rainfall drainage and flood control.
(2) It is the purpose of this chapter to provide for the coordination by the State of all federal and state flood control projects undertaken in Hawaii and for such technical or financial assistance to its political subdivisions as may be desirable or necessary to assure maximum benefits to the people of the State from the expenditure of state funds for flood control purposes.
(3) Nothing in this chapter shall prevent any political subdivision through its proper officials from requesting federal aid on its own initiative and at its own expense without having to secure state approval. [L 1961, c 34, §1; am L 1963, c 148, pt of §1; Supp, §87C-1; HRS §179-1]
Cross References
Participation in federal flood insurance program, see chapter 126. For county provisions, see §46-11.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179. Flood Control and Flood Water Conservation › 179-3 Statewide flood control agency and program.

§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 the accomplishment of the purposes of this chapter.
(b) All flood control and flood water conservation and related activities, and any attendant powers and duties, heretofore assigned to other state departments or agencies, but not including flood disaster operations, shall be transferred to the board upon the enactment of this law.
(c) It is declared that the general flood control plan is to be regarded as a general guide for the orderly and coordinated implementation of the statewide flood control program and the specific existing and planned flood control programs comprising the plan to be financed by state funds. This declaration is not to be construed so as to constitute approval of the specific flood control programs included in the plan. Nor shall this declaration be construed so as to prohibit the development of lands bordering watercourses or standing bodies of water. The board may, from time to time, modify the plan to the extent that it finds such to be necessary or desirable. [L 1961, c 34, §3; am L 1963, c 148, pt of §1; Supp, §87C-3; HRS §179-3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-1 Short title.

Note
Sections 179D-1 to 179D-9 designated as Part I by L 2007, c 262, §2.
§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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-2 Declaration of purpose.

§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 of the State by reducing the risk of failure of the dams or reservoirs. The legislature finds and declares that the inspection and regulation of all dams or reservoirs are properly a matter of regulation under the police powers of the State, unless specifically exempted.
The board shall have jurisdiction of all dams and reservoirs until the department has completed its statewide inspections and has established and implemented rules and criteria for a five year dams and reservoirs inspection and classification processes and the board declares which dams or reservoirs are to be removed from its jurisdiction. [L 1987, c 199, pt of §1; am L 2007, c 262, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-4 Liability for damages.

§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 officers or employees, for the recovery of damages caused by the action or failure to act.
(b) Nothing in this chapter and no order, action, or advice of the State, board, department, or any representative thereof, shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of a dam or reservoir; provided that an owner or operator of a dam or reservoir shall not be liable for damages as a result of only natural causes such as earthquakes of an average recurrence interval of one thousand years, hurricanes, or extraordinary rains of an average recurrence interval in excess of two hundred fifty years.
(c) The State assumes no ownership obligations, responsibilities, or liability for any action pursuant to section 179D-24. [L 1987, c 199, pt of §1; am L 2007, c 262, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-7 Administrative and judicial review.

§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 otherwise, as to the safety of design, construction, enlargement, repair, alteration, removal, maintenance, and operation of any dam or reservoir. The board's approval of an application or a certificate of approval to impound shall not be considered final if it can be demonstrated to the board that the board's approval of the relevant application or certificate of approval was based on one or more misrepresentations.
(b) Any person who is aggrieved or adversely affected by an order or action of the board shall be entitled to administrative and judicial review in accordance with chapter 91; provided that the order or action shall remain in force until modified or set aside on appeal. [L 1987, c 199, pt of §1; am L 2007, c 262, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-8 Violations; penalties.

§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, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule, order, or condition adopted, issued, or required under this chapter. The administrative penalty shall not exceed $25,000 per day of a violation, and each day during which the violation continues shall constitute an additional, separate, and distinct violation. The board shall effectuate rules, procedures, and fee schedules to carry out the purposes of this section.
(b) Any person who negligently or after written notice to comply, violates this chapter or any rule, order, or condition adopted, issued, or required under this chapter, or knowingly obstructs, hinders, or prevents the department's agents or employees from performing duties under this chapter, shall be guilty of a class C felony, and upon conviction thereof, shall be punished as follows:
(1) For a first conviction, by a mandatory fine of not less than $2,500 but not more than $25,000 per day of violation, imprisonment, or both; and
(2) For a second or subsequent conviction, by a mandatory fine of not less than $5,000 but not more than $50,000 per day of violation, imprisonment, or both.
(c) Any criminal action against a person for any violation of this chapter shall not preclude the State from pursuing civil legal action to recover administrative penalties, fees, and costs against that person. Any civil action against a person to recover administrative penalties, fees, and costs for any violation of this chapter or any rule, order, or condition adopted, issued, or required under this chapter shall not preclude the State from pursuing any criminal action against that person.
(d) With the assistance of the attorney general, the board may seek an injunction and damages in the enforcement of this chapter.
(e) All penalties, fees, and costs collected pursuant to this section or rules adopted by the board pursuant to this chapter, shall be deposited in the dam and reservoir safety special fund. [L 1987, c 199, pt of §1; am L 2007, c 262, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-9 Enactment of rules.

§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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-22 Entry upon property.

§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 representatives may enter at reasonable times, without prior notice, any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam, reservoir, or other artificial barrier dealt with in this chapter; provided that if an emergency situation arises as determined by the department, the agents or employees of the department, or any authorized representatives shall have the right to enter without prior notice, any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam, reservoir, or other artificial barrier subject to this chapter, and to take any remedial actions, without a search warrant or liability for trespass.
(b) It shall be unlawful for any person to refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials. It shall also be unlawful to obstruct, hamper, or interfere with any representative while in the process of carrying out the representative's official duties.
(c) Notwithstanding any other provision of law to the contrary, the board and its agents, engineers, and other employees, for the purposes of enforcing this chapter, may enter upon any land or water in the State that is the subject of an inspection, investigation, or remedial actions without a search warrant or liability for trespass. [L 2007, c 262, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-23 Injunctive relief.

§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 of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining the act or practice, or for an order requiring compliance with this chapter. Upon a showing by the department that a person has engaged in or is about to engage in any unlawful act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. [L 2007, c 262, pt of §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-24 Emergency actions.

§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, maintenance, or repair of the dam or reservoir, or the dam or reservoir is threatened by any large flood or other natural disaster, the department may immediately employ remedial measures necessary to protect life and property.
(b) The department shall provide coordination and assistance to the proper state or county agency or agencies to maintain control of any dam or reservoir that, pursuant to subsection (a), has been determined to be dangerous to life or property until the dam or reservoir is deemed safe, or until any emergency conditions that precipitated taking control of the dam or reservoir, pursuant to subsection (a), have been abated. The department may determine the proper time at which to relinquish control of the dam or reservoir.
(c) Any necessary and reasonable costs and expenses incurred by the department in fulfilling the duties mandated by subsections (a) and (b) in connection with a remedial or emergency action shall be recoverable by the department from the owner of any dangerous or threatened dam or reservoir.
(d) Any owner failing or refusing, after written notice has been given, to pay the reasonable costs and expenses incurred by the department pursuant to subsection (c) shall be, upon complaint by the department to the attorney general, subject to reasonable attorney fees incurred in the recovery of the costs and expenses.
(e) All moneys collected by the department pursuant to subsection (c) shall be credited to the dam and reservoir safety special fund created in section 179D-25.
(f) If a condition arises that in the opinion of the department may pose a danger to the health and safety of persons or property and sufficient time permits, the board may issue orders reciting the existence of the condition and require any actions the board deems necessary. Any person to whom an order is directed, may challenge the order, but shall immediately comply with the order, pending disposition of the person's challenge. The board shall give precedence to a hearing on the challenge over all other pending matters.
(g) The legislature finds and declares that emergency actions under this section are in the public interest and for the public health, safety, and general welfare of the State, and authorizes the board to take any necessary actions. [L 2007, c 262, pt of §1]