Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-3 - General powers and duties

Current through June, 2024
The general administration of the state water code shall
					 rest with the commission on water resource management. In addition to its other
					 powers and duties, the commission:
(1)
				  Shall carry out topographic surveys, research, and investigations into all
				  aspects of water use and water quality.
(2) Shall designate water management areas
				  for regulation under chapter 13-171, where the commission, after the research
				  and investigations mentioned in paragraph (1), has consulted with the
				  appropriate county council and county water agency, and after public hearing
				  and published notice, finds that the water resources of the areas are being
				  threatened by existing or proposed withdrawals of water.
(3) May designate water management areas
				  without the need to conduct scientific investigation or research in any area in
				  which serious disputes respecting the use of ground or surface water resources
				  are occurring.
(4) May take
				  jurisdiction of and resolve any disputes regarding water resource protection,
				  water permits, or constitutionally protected water interests or where there is
				  insufficient water to meet competing needs, whether or not the area involved
				  has been designated a water management area.
(5) May conduct hearings, issue declaratory
				  or adjudicatory rulings and orders, fashion conditions, limitations, and
				  remedies, and otherwise exercise such other powers as may be necessary and
				  proper in aid of its jurisdiction consistent with law.
(6) May issue water use permits with
				  conditions and limitations as may be necessary for the fair and rational
				  management of Hawaii's water resources including but not limited to permits
				  allowing uses of water, the common law of the state to the contrary
				  notwithstanding.
(7) May declare
				  water shortages and exercise the reasonable powers including the issuance of
				  orders or the imposition of conditions or limitations necessary to protect the
				  public health, safety, and welfare, or the health of animals, fish, or aquatic
				  life, or a public water supply, or recreational, municipal, agricultural, or
				  other reasonable uses.
(8) Shall
				  establish an instream use protection program designed to protect, enhance, and
				  reestablish, where practicable, beneficial instream uses of water in the
				  state.
(9) May contract and
				  cooperate with the various agencies of the federal government and with state
				  and local administrative and governmental agencies or private
				  persons.
(10) May enter, after
				  obtaining the consent of the property owner, at all reasonable times upon any
				  property other than dwelling places for the purposes of conducting
				  investigations and studies, or enforcing any of the provisions of this code,
				  being liable, however, for actual damage done. If consent cannot be obtained,
				  reasonable notice shall be given prior to entry.
(11) Shall cooperate with federal agencies,
				  other state agencies, county or other local governmental organizations, and all
				  other public and private agencies created for the purpose of utilizing and
				  conserving the waters of the state, and assist such organizations and agencies
				  in coordinating the use of their facilities and participate in the exchange of
				  ideas, knowledge, and data with such organizations and agencies. For this
				  purpose the commission shall maintain an advisory staff of experts.
(12) Shall prepare, publish, and issue such
				  printed pamphlets and bulletins as the commission deems necessary for the
				  dissemination of information to the public concerning its activities.
(13) May appoint and remove agents and
				  employees including hearing officers, specialists, and consultants necessary to
				  carry out the purposes of this chapter without regard to the requirements of
				  chapters
				  76 and
				  77 and section
				  78-1,
				  HRS.
(14) May acquire, lease, and
				  dispose of such real and personal property as may be necessary in the
				  performance of its functions, including the acquisition of real property for
				  the purpose of conserving and protecting water and water related resources as
				  provided in 13-167-33.
(15) Shall
				  identify, by continuing study, those areas of the state where salt water
				  intrusion is a threat to fresh water resources and report its findings to the
				  appropriate county mayor and council and the public.
(16) Shall provide such coordination,
				  cooperation, or approval necessary for the effectuation of any plan or project
				  of the federal government in connection with or concerning the waters of the
				  state. The commission shall approve or disapprove such federal plans or
				  projects on behalf of the state. No other agency or department of the state
				  shall assume the duties delegated to the commission under this paragraph,
				  except that the department of health shall continue to exercise such powers
				  vested in it with respect to water quality, and except that the department of
				  business and economic development shall continue to carry out its duties and
				  responsibilities under chapter
				  205A, HRS.
(17) Plan and coordinate programs for the
				  development, conservation, protection, control, and regulation of water
				  resources based upon the best available information, and in cooperation with
				  federal agencies, other state agencies, county or other local governmental
				  organizations, and other public and private agencies created for the
				  utilization and conservation of water.
(18) Shall catalog and maintain an inventory
				  of all water uses and water resources.