reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-10 Eligibility of revenue bonds for investment.

§174-10 Eligibility of revenue bonds for investment.
It shall be legal for the State and any of its political subdivisions, or any political or public corporation, including the employees' retirement system of the State, or any instrumentality of the State, or any insurance company, building and loan association, savings bank, trust company, or any bank or other financial institution operating under the laws of the State, or for any personal representative, guardian, trustee, or other fiduciary, or any educational, charitable, or eleemosynary institution to invest their funds or moneys in their custody in the revenue bonds issued hereunder; provided that the foregoing shall not be deemed to obviate or otherwise affect any statutory or other requirement with respect to the use of judgment and care in investing any such funds. No holder of any revenue bonds issued hereunder, however, shall have the right to compel any exercise of the taxing power of the State to pay the bonds or interest thereon. [L 1961, c 166, pt of §3; Supp, §86-9; HRS §174-10; am L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-11 Rate policy; sale of excess water.

§174-11 Rate policy; sale of excess water.
The board of land and natural resources shall have the power to fix and adjust rates and charges for the furnishing of domestic water and for water service so that the revenues derived therefrom may be sufficient to cover the cost of operation, maintenance, and replacement and may make such charges as may be necessary to cover the capital cost of the system or other costs incurred in connection with such system.
Nothing in this chapter shall be construed to prevent the board from selling water to persons other than land occupiers and other consumers within a water project in the event and to the extent that water in excess of the needs of the land occupiers and other consumers may from time to time be available. [L 1961, c 166, pt of §3; Supp, §86-10; HRS §174-11; am L 1981, c 72, §1; am L 1987, c 306, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-13 Petition of land occupiers for formation of water project.

§174-13 Petition of land occupiers for formation of water project.
Land occupiers, including the Hawaiian homes commission, comprising at least sixty per cent of the acreage of lands lying within an area proposed to be organized into a water project may file a petition with the board of land and natural resources requesting that the project be organized. Where any of the lands of the petitioners in the proposed area are leased lands, it shall be necessary for the lessor and lessee to join in the petition. The petition shall contain a general description and the acreage of the area proposed to be organized into a water project and shall state the acreage owned or leased by each of the petitioners within that area. Before the board shall commence any water project involving homesteaded lands of the Hawaiian homes commission, it shall require the commission to assure the payment of any acreage assessment thereon, in pursuance of section 208(5) of the Hawaiian Homes Commission Act, 1920. [L 1961, c 166, pt of §3; Supp, §86-12; HRS §174-13]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-16 Consideration of petitions; notice and hearing.

§174-16 Consideration of petitions; notice and hearing.
When more than one petition is filed covering portions of the same territory, the board of land and natural resources may consolidate the petitions. Having received the petitions, on the basis of such evidence as may be submitted to it by the petitioners and on the findings of investigations or surveys made by or for it, or by other governmental agencies, the board shall establish such projects as it deems necessary to carry out the purposes of this chapter. Before making a final determination to establish a project or projects, the board shall hold a hearing, notice of which shall be duly advertised in the same manner and form, as nearly as may be, as provided in section 174-17. The department shall assure that adequate water is reserved for future development and use on Hawaiian home lands that could be served by the proposed water project. [L 1961, c 166, pt of §3; Supp, §86-15; HRS §174-16; am L 1987, c 306, §9; am L 1991, c 325, §4]
Law Journals and Reviews
Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders. 25 UH L. Rev. 85 (2002).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-17 Formation of a project on initiative of board; notice and hearing; protests.

§174-17 Formation of a project on initiative of board; notice and hearing; protests.
The board of land and natural resources may organize projects upon its own initiative. In this event, it shall fix a date for public hearing upon the proposed project, which date shall not be less than sixty days after the first public notice thereof in the county in which the project is proposed. The notice shall be given once in each of four successive weeks, and shall include notice of the area to be included in and general details of the proposed project, stating the time and place of the public hearing. If the owners of fifty-five per cent of the acreage of lands proposed to be organized into a project at the hearing or prior thereto shall file written protest against the proposed project, the project shall not be made and proceedings shall not be renewed within twelve months from the date of closing the public hearing, unless each and every owner protesting withdraws each and every owner's protest; provided that any lessee of any lands included within the proposed project, who, by the express terms of the lessee's lease must pay the assessment contemplated hereunder shall be subrogated to all the rights of the owner to protest by filing at the hearing or prior thereto written protest against the proposed project, the written protest to be accompanied by a certified copy of the lease; provided further that any lessor, at any time before the closing of the public hearing, may void the protest of the lessor's lessee on consideration of the filing with the board a duly acknowledged waiver of the provision in the lease which requires the lessee to pay the assessment, and a written undertaking of the lessor to pay the assessment to be made on account of the proposed project; and further provided that a project may be instituted without further public notice for a smaller acreage within the acreage described in the original public notice in the event the board determines the smaller project to be economically feasible, if written protests by the owners, or lessees subrogated to the right to protest, of fifty-five per cent of the smaller acreage shall not be filed. The department shall assure that adequate water is reserved for future development and use on Hawaiian home lands that could be served by the proposed water project. [L 1961, c 166, pt of §3; Supp, §86-16; HRS §174-17; gen ch 1985; am L 1987, c 306, §10; am L 1991, c 325, §5; am L 1998, c 2, §41]
Law Journals and Reviews
Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders. 25 UH L. Rev. 85 (2002).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-18 Approval of legislature, appropriations.

§174-18 Approval of legislature, appropriations.
Funds for acquisition or construction of facilities for each project, established by the board of land and natural resources under sections 174-13 and 174-17, may be requested from the legislature, as an appropriation to be repaid without interest to the general funds of the State by the board from water tolls, acreage assessments, and other receipts of the board within such period as may be specified in the act making the appropriation. [L 1961, c 166, pt of §3; Supp, §86-17; HRS §174-18; am L 1987, c 306, §11]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-19 Administration of project; acreage assessments; liens.

§174-19 Administration of project; acreage assessments; liens.
All projects established pursuant to this chapter shall be administered by the board of land and natural resources. In making the final determination to establish a project, the board shall determine the proportion of acreage assessments to be borne by the land within the project. The board shall determine and certify to the director of taxation on or before March 31 of each year (1) the amount of acreage assessments necessary in that calendar year for acquisition, construction, and maintenance of facilities for each project, and (2) the acreage of each land occupier within the project.
Upon the certification the director of taxation or the director's properly authorized deputies or other assistants, shall determine the acreage assessment to be levied against the property of each land occupier by determining the amount of acreage assessments to be borne by the land within the project according to the proportion previously certified to the director by the board. The acreage assessments shall be collected by the director of taxation in the same manner as state taxes. Except in the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall be a paramount lien against the entire tract, including improvements, of the land occupier of which the assessed land, or both, of the land occupier included within the projects forms a part. The lien may be foreclosed in the same manner as liens for state taxes and in accordance with sections 231-61 to 231-68. In case of the foreclosure of any homestead land pursuant to such sections the foreclosure sale shall be subject to chapter 171. In the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall not constitute a lien on the property involved and notice of any delinquent acreage assessment shall be served upon the board of land and natural resources or the Hawaiian homes commission, as the case may be, for payment.
Acreage assessments shall be deemed revenues within the meaning of part III of chapter 39 and shall be used for the payment of the principal and interest of any revenue bonds issued hereunder.
Water tolls fixed by the board for each project under this chapter shall be collected by the board under such reasonable rules and procedures as it may establish and may modify from time to time.
All water tolls, acreage assessments, and receipts from properties sold by way of foreclosure for failure to pay acreage assessments shall be realizations of the board. [L 1961, c 166, pt of §3; Supp, §86-18; HRS §174-19; gen ch 1985; am L 1987, c 306, §12; am L 1989, c 14, §3]
Cross References
Conditions in land patents, see §171-25.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-20 Furnishing domestic water.

§174-20 Furnishing domestic water.
In conjunction with any project which it has established, and subject to pertinent provisions of law governing the supply, the board of land and natural resources may establish a system for and supply water for domestic purposes to residents within and in close proximity to the project. The system shall be established only if (1) the board determines that it would be advisable and in the public interest to provide the domestic supply; (2) its construction and operation by the board has been consented to by the board of water supply of the county in which the project is situated, and by a majority of the land occupiers within the project; and (3) if under normal conditions of water availability, the operation of the system will not prejudice or interfere with the supply of water to the land occupiers within the project. The board may also subject to the limitations previously set forth in this section, take over, improve, and operate any existing system for the supply of domestic water if requested so to do by the owners and operators of the system. [L 1961, c 166, pt of §3; am L 1963, c 193, §27; Supp, §86-19; HRS §174-20; am L 1987, c 306, §13]
Case Notes
Contract in which board rented excess transmission capacity in Molokai irrigation system without consent of homesteaders does not violate this section. 62 H. 546, 617 P.2d 1208 (1980).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-21 Repayment of certain state advances.

§174-21 Repayment of certain state advances.
Whenever under legislative authorization, past, present or future, general obligation bonds of the State are issued or the proceeds of general obligation bonds of the State are used, by way of advancement, for the establishment and construction of any specific project under the jurisdiction of the board of land and natural resources in its water program, the board may repay the same to the director of finance, upon the expiration of ten years from the time of initial service to the project, which ten-year term shall be the development period, as repayment on account of the advancement. Such payments shall be made over the period of the next succeeding forty years after the termination of the development period, the total of which payments shall be sufficient to reimburse the State for redemption of the bonds together with interest paid by the State in respect of the same.
The foregoing method of repayment of advances shall be effective for each phase of any multi-phase project, the amortization period for the advancement commencing ten years from the time that facilities to provide service for each new project phase are put into operation.
In the event that changing use of the land in a project substantially increases revenues, or other circumstances make it reasonably possible or desirable for the board to accelerate the amortization of advances it shall be permitted to do so. [L 1961, c 166, pt of §3; am L 1963, c 114, §1; Supp, §86-20; HRS §174-21; am L 1987, c 306, §14]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-22 Land and water development projects; source of funds; disposition of receipts.

§174-22 Land and water development projects; source of funds; disposition of receipts.
All moneys necessary for administrative costs, engineering surveys, economic studies, plans, maps, and for other water projects or purposes of the board of land and natural resources shall be allocated by the legislature out of appropriations made from the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to carry out the purposes of this chapter. In the event any moneys are expended for engineering surveys, economic studies, plans, and other expenses directly attributable to any land or water project, or for the establishment of any land or water project, the amount of the expenditures shall be reimbursed to the state general fund from any funds received by the board for and on account of the project. [L 1961, c 166, pt of §3; Supp, §86-21; HRS §174-22; am L 1987, c 306, §15; am L 1993, c 280, §49]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-2 Declaration of policy.

§174C-2 Declaration of policy.
(a) It is recognized that the waters of the State are held for the benefit of the citizens of the State. It is declared that the people of the State are beneficiaries and have a right to have the waters protected for their use.
(b) There is a need for a program of comprehensive water resources planning to address the problems of supply and conservation of water. The Hawaii water plan, with such future amendments, supplements, and additions as may be necessary, is accepted as the guide for developing and implementing this policy.
(c) The state water code shall be liberally interpreted to obtain maximum beneficial use of the waters of the State for purposes such as domestic uses, aquaculture uses, irrigation and other agricultural uses, power development, and commercial and industrial uses. However, adequate provision shall be made for the protection of traditional and customary Hawaiian rights, the protection and procreation of fish and wildlife, the maintenance of proper ecological balance and scenic beauty, and the preservation and enhancement of waters of the State for municipal uses, public recreation, public water supply, agriculture, and navigation. Such objectives are declared to be in the public interest.
(d) The state water code shall be liberally interpreted to protect and improve the quality of waters of the State and to provide that no substance be discharged into such waters without first receiving the necessary treatment or other corrective action. The people of Hawaii have a substantial interest in the prevention, abatement, and control of both new and existing water pollution and in the maintenance of high standards of water quality.
(e) The state water code shall be liberally interpreted and applied in a manner which conforms with intentions and plans of the counties in terms of land use planning. [L 1987, c 45, pt of §2; am L 1999, c 197, §1]
Law Journals and Reviews
Where Justice Flows Like Water: The Moon Court's Role in Illuminating Hawai`i Water Law. 33 UH L. Rev. 537 (2011).
Case Notes
As water code expressly reserves the counties' authority with respect to land use planning and policy, commission allegedly imposing a "directive" on the counties to designate priorities among proposed uses did not usurp counties' land use planning and zoning authority. 94 H. 97, 9 P.3d 409 (2000).
Commission did not err in excluding golf course irrigation from the category of "agricultural use". 94 H. 97, 9 P.3d 409 (2000).
Commission on water resource management's conclusion that "no evidence was presented" to suggest that the rights of native Hawaiians would be adversely affected by permit applicant's proposed use erroneously shifted the burden of proof to complainants; thus, commission failed to adhere to the proper burden of proof standard to maintain the protection of native Hawaiians' traditional and customary gathering rights in discharging its public trust obligations. 116 H. 481, 174 P.3d 320 (2007).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-4 Scope.

§174C-4 Scope.
(a) All waters of the State are subject to regulation under the provisions of this chapter unless specifically exempted. No provision of this chapter shall apply to coastal waters. Nothing in this chapter to the contrary shall restrict the planning or zoning power of any county under chapter 46.
(b) No state or county government agency may enforce any statute, rule, or order affecting the waters of the State controlled under the provisions of this chapter, whether enacted or promulgated before or after July 1, 1987, inconsistent with the provisions of this chapter. Nothing in this chapter to the contrary shall restrict the power of any county to plan or zone as provided in chapter 46.
(c) No state or county government agency or other person having the power of eminent domain or condemnation under the laws of the State, may exercise the power with respect to condemning property if the condemnation will materially affect water resources in the State, without the written permission of the commission.
(d) No right, title, or interest in the use of any water resources of the State can be acquired by prescription. [L 1987, c 45, pt of §2]
Note
Interpretation of county function. L 1987, c 45, §6.
Revision Note
"July 1, 1987" substituted for "the effective date of this chapter".
Case Notes
As water code expressly reserves the counties' authority with respect to land use planning and policy, commission allegedly imposing a "directive" on the counties to designate priorities among proposed uses did not usurp counties' land use planning and zoning authority. 94 H. 97, 9 P.3d 409 (2000).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-5.5 Water resource management fund.

§174C-5.5 Water resource management fund.
(a) There is established in the department a special fund to be designated as the water resource management fund. The fund shall be administered by the commission. The water resource management fund shall be used for the following:
(1) Monitoring programs and activities concerning water resource quality, protection, and management;
(2) Research programs and activities concerning water conservation and investigation of alternative sources of water;
(3) Preparation and dissemination of information to the public concerning activities authorized under this chapter;
(4) Data collection, development, and updating of long-range planning documents authorized under this chapter; and
(5) Any other protection, management, operational, or maintenance functions authorized and deemed necessary by the commission, including but not limited to funding permanent or temporary staff positions.
(b) The following shall be deposited into the water resource management fund:
(1) Appropriations by the legislature to the water resource management fund;
(2) All fees and administrative charges collected under this chapter or any rule adopted thereunder;
(3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;
(4) Moneys derived from public and private sources to benefit water resource protection and management;
(5) Any moneys collected from the sale of retail items by the department related to water resources;
(6) Any other moneys collected pursuant to chapter 174C; and
(7) Moneys derived from interest, dividend, or other income from the above sources. [L 2000, c 204, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-6 Deputy to the chairperson of the commission on water resource management.

§174C-6 Deputy to the chairperson of the commission on water resource management.
(a) There shall be a first deputy to the chairperson of the commission on water resource management ("deputy for water resource management") who shall be in addition to any other first deputy to the chairperson as the chairperson of the board of land and natural resources. The deputy shall have experience in the area of water resources and shall be appointed by the chairperson with the approval of a majority of the commission.
(b) The duties of the deputy for water resource management shall be to administer and implement, under the direction of the commission, the state water code and all rules, and other directives promulgated in accordance therewith by the commission. Nothing in this provision shall be construed as limiting the authority of the commission as to matters regarding water resources.
(c) The position of deputy for water resource management is not subject to chapter 76.
(d) The salary of the deputy for water resource management shall be as provided in section 26-53 for first deputies or first assistants to the head of any department. [L 1987, c 45, pt of §2; am L 1992, c 87, §5; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-8 Adoption of rules concerning water resources by the commission.

§174C-8 Adoption of rules concerning water resources by the commission.
The commission shall adopt and enforce such rules as may be necessary or convenient to administer this chapter. The initial set of rules, subject to later amendment, revisions, or additions, shall be adopted no later than two years after July 1, 1987. Rules shall be adopted in conformity with chapter 91. [L 1987, c 45, pt of §2]
Revision Note
"July 1, 1987" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-9 Proceedings before the commission concerning water resources.

§174C-9 Proceedings before the commission concerning water resources.
All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permit or license under this code by the commission, shall be conducted in accordance with chapter 91. Hearings regarding particular water resources shall be conducted on the island where those water resources are located. [L 1987, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-10 Dispute resolution.

§174C-10 Dispute resolution.
The commission shall have jurisdiction statewide to hear any dispute regarding water resource protection, water permits, or constitutionally protected water interests, or where there is insufficient water to meet competing needs for water, whether or not the area involved has been designated as a water management area under this chapter. The final decision on any matter shall be made by the commission. [L 1987, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-11 Hearings officers.

§174C-11 Hearings officers.
(a) The chairperson may appoint hearings officers, not subject to chapter 76, to hear and reach a preliminary decision on any matter concerning the implementation or administration of the state water code which the commission may refer to the hearings officers by rule or otherwise.
(b) In assigning matters to hearings officers, the chairperson shall make the assignments in a manner which ensures that hearings officers will develop familiarity and expertise with given geographic areas.
(c) In conducting a hearing on any matter referred by the commission, a hearings officer shall solicit and consider the views of the appropriate county officials responsible for planning, economic development, and resource management and such other county officials and others as the commission shall direct. Any affected county agency shall be admitted as a party upon request.
(d) Each hearings officer is deemed to be an agent of the commission with all powers associated with such designation.
(e) In order to facilitate dispute resolution, the commission may employ mediation methods where practicable including the use of masters.
(f) The commission shall adjudicate disputes where there is insufficient water to meet competing needs. [L 1987, c 45, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-12 Judicial review of rules and orders of the commission concerning the water code.

§174C-12 Judicial review of rules and orders of the commission concerning the water code.
Except as otherwise provided in this chapter, judicial review of rules and orders of the commission under this chapter shall be governed by chapter 91. Trial de novo is not allowed on review of commission actions under this chapter. [L 1987, c 45, pt of §2; am L 2016, c 48, § §6, 14; am L 2019, c 213, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-12.5 Contested cases; appeals.

§174C-12.5 Contested cases; appeals.
(a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.
(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, § §1, 14; am L 2019, c 213, §1]
Cross References
Contested cases, see §174C-60.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-13 Citizen complaints.

§174C-13 Citizen complaints.
The commission shall adopt, pursuant to chapter 91, procedural rules for the processing of citizen complaints including the right of appeal to the commission. If any person files a complaint with the commission that any other person is wasting or polluting water or is making a diversion, withdrawal, impoundment, consumptive use of waters or any other activity occurring within or outside of a water management area, not expressly exempted under this code, without a permit where one is required, the commission shall cause an investigation to be made, take appropriate action, and notify the complainant thereof. [L 1987, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174C. State Water Code › 174C-14 Acquisition of real property.

§174C-14 Acquisition of real property.
(a) The legislature declares it to be necessary for the public health and welfare that water and water related resources be conserved and protected. The acquisition of real property for this objective shall constitute a public purpose for which public funds may be expended.
(b) The commission may acquire real property and easements by purchase, gift, devise, lease, eminent domain, or otherwise for flood control, water management, or water and water-related resource conservation.
(c) Land, water areas, and related resources which may be acquired for this purpose include, but are not limited to, streams and other watercourses, parks and recreation areas, beaches, submerged lands, and other open areas, as well as necessary access sites and rights-of-way.
(d) This section does not limit the exercise of similar powers delegated by statute to any state or local government agency. This section is not intended to limit, in any way, the powers of the commission in regards to the acquisition of real property under any other statute. [L 1987, c 45, pt of §2]
2023 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).
2023 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.
2023 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]
2023 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]
2023 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 (2000).
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 (2000).
2023 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".
2023 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 (1996).
§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".
2023 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]
2023 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]
2023 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 (2000).
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 (2000).
2023 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 (2000).
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 (2000).
2023 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]
2023 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]
2023 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 (2000).