reglab/statecodes huggingface dataset:
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 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-63 - Decisions and orders

Current through June, 2024
(a) A proceeding
				  shall be deemed submitted for decision by the commission after the taking of
				  evidence, the filing of briefs, the consideration of motions, and the
				  presentation of oral argument as may have been permitted or prescribed by the
				  presiding officer. Where a hearing officer has conducted the hearing, the
				  hearing officer shall file a report with the evidence, or a summary thereof, as
				  well as proposed findings of facts and conclusions of law which the commission
				  may adopt, reject, or modify. A party to the proceedings may submit a proposed
				  decision and order which shall include proposed findings of fact and
				  conclusions of law. The proposals shall be filed with the commission and mailed
				  to each party to the proceeding not later than ten days after the transcript is
				  prepared and available, unless the presiding officer shall otherwise
				  prescribe.
(b) Within ninety days
				  after the hearing, the commission shall render its findings of fact,
				  conclusions of law and decision and order approving the proposal, denying the
				  proposal, or modifying the proposal by imposing conditions. The vote of each
				  member shall be recorded. Upon agreement by the parties, the examination and
				  proposed decision provisions under section
				  91-11,
				  HRS, may be waived pursuant to section
				  91-9(d),
				  HRS.
(c) Every decision and order
				  adverse to a party to the proceeding, rendered by the commission in a contested
				  case, shall be in writing or stated in the record and shall be accompanied by
				  separate findings of fact and conclusions of law. If any party to the
				  proceeding has filed proposed findings of fact, the commission shall
				  incorporate in its decision a ruling upon each proposed findings so
				  presented.
(d) Decisions and orders
				  shall be served by mailing copies thereof to the parties of record. When
				  service is not accomplished by mail, it may be effected by personal delivery of
				  a certified copy. When a party to an application proceeding has appeared by a
				  representative, service upon the representative or counsel shall be deemed to
				  be service upon the party.
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 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-64 - Reconsideration

Current through June, 2024
(a) The commission may reconsider a decision
				  it has made on the merits only if the moving party can show:
(1) New information not previously available
				  would affect the result; or
(2)
				  That a substantial injustice would occur.
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 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-65 - Appeals

Current through June, 2024
(a) Parties to proceedings who are aggrieved
				  by the decision of the commission may obtain judicial review thereof in the
				  manner set forth in section
				  91-14,
				  Hawaii Revised Statutes, provided that the court may also reverse or modify a
				  finding of the commission if such finding appears to be contrary to the clear
				  preponderance of the evidence.
(b)
				  Any other law to the contrary notwithstanding, including chapter
				  91, HRS, any contested case hearing
				  under this section shall be appealed upon the record directly to the supreme
				  court for final decision.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-81 - Declaratory rulings

Current through June, 2024
(a) On petition of
				  an interested person or on its own motion, the commission may issue a
				  declaratory order regarding the applicability of any statutory provision of the
				  state water code, or of any rule or order of the commission thereunder, or any
				  question of law, fact, or mixed question of law and fact within the
				  jurisdiction of the commission. Petitions for the issuance thereof shall state
				  clearly and concisely the controversy or uncertainty, shall cite the statutory
				  authority involved, shall include a complete statement of the facts, reasons,
				  or grounds prompting the petition together with full disclosure of petitioner's
				  interest, and shall conform to the requirements of § 13-167-25.
(b) The commission, upon receipt of the
				  petition, may require the petitioner to file additional data or a memorandum of
				  legal authorities in support of the position taken by the petitioner.
(c) The commission may, without notice or
				  hearing, dismiss a petition for declaratory ruling which fails in any material
				  respect to comply with the requirements of this section.
(d) After review of the information filed
				  pursuant to this section the commission may order a hearing on the petition.
				  Any petitioner or interested party who requests a hearing on the petition shall
				  set forth in writing the reasons why the information filed will not permit a
				  fair and expeditious disposition of the petition. If the request for hearing is
				  dependent upon factual assertion, affidavits establishing those facts shall
				  accompany the request. If a hearing is ordered by the commission, the
				  proceeding shall be conducted in accordance with chapter
				  91, HRS.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-82 - Citizen complaints

Current through June, 2024
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. All complaints related to water quality shall be filed
					 directly with the department of health.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-83 - Request for mediation

Current through June, 2024
(a) The commission
				  may employ mediation on its own motion or on the written petition of any
				  government agency or affected party. Mediation may be applied in contested case
				  hearings after parties to the proceedings have been determined. Mediation may
				  also be used prior to the initiation of formal proceedings upon the agreement
				  of affected persons.
(b) The party
				  or agency requesting mediation must file a written petition with the
				  commission.
(c) A petition
				  requesting mediation shall contain concise statements of:
(1) The legal authority under which the
				  proceeding, hearing or action is to be held or made;
(2) The petitioner's interest that may be
				  affected;
(3) The disagreement,
				  denial, or grievance which the petitioner requests mediation thereof;
(4) The basic facts and issues raised;
				  and
(5) The relief to which the
				  party or petitioner seeks or deems itself entitled.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-84 - Position statements

Current through June, 2024
Within thirty days after the filing of a petition for
					 mediation any affected state or county agency (other than the commission or the
					 division of water and land development) may file with the commission a
					 statement of position with a summary of reasons in support or opposition, or in
					 the alternative, a request for additional data upon which is necessary for a
					 statement of position to be filed.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-85 - Mediation

Current through June, 2024
Upon receipt of an appropriate request, the commission may
					 request petitioner and any affected persons identified as necessary to the
					 resolution of the dispute to participate in mediation. All appropriate requests
					 shall be consolidated in a single mediation conference. The commission shall
					 not be a party to the mediation, and shall not be permitted to attend mediation
					 conferences. The department of land and natural resources may be a party to the
					 mediation if an appropriate request is made.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-86 - Appointment of a mediator

Current through June, 2024
Within fifteen days after the deadline for filing of the
					 position statements the commission shall appoint a qualified mediator from a
					 list maintained by the commission for such purposes. No person shall serve as a
					 mediator in any dispute in which that person has any financial or personal
					 interest in the result of the mediation, except by the written consent of all
					 parties to the mediation. Prior to accepting an appointment, the prospective
					 mediator shall disclose any circumstances likely to create a presumption of
					 bias or prevent the prompt completion of the mediation. Upon receipt of such
					 information, the chairperson shall either replace the mediator or immediately
					 communicate the information to the parties for their comments. In the event the
					 parties are unable to agree as to whether the mediator shall serve, or in the
					 event the appointed mediator becomes unable or unwilling to serve, the
					 chairperson will appoint another mediator in accordance with the same process.
					 The mediator shall not be an employee of any affected state or county agency or
					 its staff.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-87 - Mediation conference

Current through June, 2024
The initial mediation session shall be held within 15 days
					 after the appointment of the mediator. The mediator shall fix the time and
					 place of each subsequent mediation session. The conference shall be held within
					 the affected county unless all parties and the mediator agree otherwise. The
					 mediation period shall not extend more than forty five days after the initial
					 mediation session, except by order of the commission.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-88 - Authority of mediator

Current through June, 2024
The mediator shall attempt to help the parties reach a
					 satisfactory resolution of their dispute, but shall not have authority to
					 impose a settlement upon the parties. The mediator may conduct joint and
					 separate meeting with the parties and make oral and written recommendations for
					 settlement.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-89 - Privacy

Current through June, 2024
Mediation sessions shall be private. The parties and their
					 representatives shall have the right to attend the joint mediation sessions.
					 Other persons may attend only with the permission of all parties to the
					 mediation and the consent of the mediator.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-90 - Confidentiality

Current through June, 2024
(a) Confidential information disclosed to a
				  mediator by any party in the course of the mediation shall not be divulged by
				  the mediator to anyone including other parties to the mediation. All records,
				  reports, or other documents received by a mediator while serving in such
				  capacity shall be confidential. The mediator shall not be compelled to divulge
				  such records or to testify in regard to the mediation in any administrative
				  proceedings or judicial forum.
(b)
				  The parties shall maintain the confidentiality of the mediation and shall not
				  rely on, or introduce as evidence in any arbitrable, judicial, administrative,
				  or other proceeding:
(1) views expressed or
				  suggestions made by any other party with respect to a possible settlement of
				  any disputed issue;
(2) statements
				  or admissions made by any other party in the course of mediation
				  proceedings;
(3) proposals made or
				  views expressed by the mediator; or
(4) the fact that the other party had or had
				  not indicated willingness to accept a proposal for settlement made by the
				  mediator.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-91 - Recommendation of mediator

Current through June, 2024
The mediator shall submit a written report containing
					 recommendations to the commission, based upon any mediation agreement reached
					 between the parties or stating that no agreement was reached, for consideration
					 by the commission in its final decision. The written report of the mediator
					 shall be filed with the commission and served on all parties to the mediation
					 within ten days of the close of the mediation conference.
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 5 - SPECIAL PROCEEDINGS › Section 13-167-92 - Expenses

Current through June, 2024
The parties shall each bear their respective costs, fees
					 and expenses. The cost to administer the mediation, including any fees,
					 required travel and other expenses of the mediator, shall be borne by the
					 department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 13-168-1 - Purpose

Current through June, 2024
The primary purpose of this chapter is to carry out the
					 intent of the State Water Code to assure maximum beneficial use of ground and
					 surface waters of the state by establishing rules for reporting and gathering
					 meaningful data on all water uses and sources. The rules in this chapter
					 provide for the declaration and certification of all existing uses of surface
					 and ground water; the registration of all existing wells and existing stream
					 diversion works; the reporting of current uses of surface and ground water; the
					 permitting of wells; the permitting of pump installations and repairs; and the
					 permitting of stream diversion works.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 1 - GENERAL PROVISIONS › Section 13-168-3 - Penalties

Current through June, 2024
(a) Any person who violates any provision of
				  this chapter or any permit condition or who fails to comply with any order of
				  the commission may be subject to a fine imposed by the commission. Such fine
				  shall not exceed $1,000 per violation. For a continuing offense, each day's
				  continuance is a separate violation.
(b) 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 2 - WATER USE › Section 13-168-5 - Declaration of water use

Current through June, 2024
(a) Any person
				  making a use of water from a well or stream diversion works in existence on the
				  effective date of these rules 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 these rules.
(b) The commission
				  shall cause notice of the rules to be published on three separate days in a
				  newspaper of general circulation statewide and in a newspaper of areawide or
				  countywide circulation. 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) Declarations by
				  the user shall be made on forms provided by the commission and shall contain
				  information including, but not limited to, the location of the water sources
				  and all usage-related facts, or information within his knowledge or possession.
				  The user shall include a declaration of the manner, purposes, and time in which
				  the water source is being used and operated, the rate and volume of water being
				  withdrawn or diverted therefrom, and the method or means of measuring and
				  controlling the water taken or used. 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 2 - WATER USE › Section 13-168-6 - Certificate of water use

Current through June, 2024
(a) When a
				  declaration has been filed in accordance with this chapter and the commission
				  has determined that the use declared is a reasonable and beneficial use, the
				  commission shall issue or cause to be issued a certificate describing the use.
				  The certificate shall be deemed to constitute a description of the use
				  declared, but shall not constitute a property right or interest nor a
				  determination that the use declared therein is a legal one. The certificate
				  shall give rise to a rebuttable presumption in favor of the certificate holder
				  that the use declared therein is reasonable and beneficial. Each certificate
				  shall show the amount of water use declared, but such declared use shall be
				  subject to verification and updating before being 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
				  an appropriate request by any person adversely affected by the certification or
				  the refusal to certify the amount of water being used.
(c) Whenever a certified use of water is
				  terminated, the person with the certificate shall file a report with the
				  commission, providing all information required on forms provided by the
				  commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 2 - WATER USE › Section 13-168-7 - Report of water use

Current through June, 2024
(a) The owner or
				  operator of any well or stream diversion works from which water is being used
				  shall provide and maintain an approved meter or other appropriate device or
				  means for measuring and reporting total water usage on a monthly (calendar or
				  work schedule) basis. If a well or stream diversion works is one of a battery
				  of interconnected water sources, a centralized measuring device or facility may
				  be approved by the commission.
(b)
				  The owner or operator of any well or stream diversion works or battery of such
				  water sources shall file a report of total water usage on a regular monthly
				  (calendar or work schedule) basis to the commission on forms provided by the
				  commission on or before the end of the month following the month for which
				  water usage is to be reported. The reports may include other use-related
				  information such as type of use, salinity, and water level, as may be deemed
				  appropriate and reasonable by the commission.
(c) At the discretion of the commission,
				  requirements for measuring and reporting monthly water usage may be lessened,
				  modified, or exempted for owners or operators of small, individual wells or
				  stream diversion works. The lessening, modification, or exemption of such
				  requirements shall be approved, disapproved, or otherwise decided by the
				  commission on a case-by-case basis.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 3 - WELLS › Section 13-168-11 - Registration of existing wells

Current through June, 2024
(a) Within one year
				  from the effective date of these rules, the owner or operator of any well in
				  existence on the effective date of these rules shall register the well with the
				  commission on forms provided by the commission. The owner or operator shall
				  disclose the location of such well and all other facts or information related
				  to its geology, hydrology, and construction. Registration shall include, but
				  not limited to, such information as water use permit number, if any; location
				  and dimensions of the well; state-assigned well number; depths and diameters of
				  drilled hole and casing; range of water level and salinity; pumping test
				  results, if any; installed pump description and operating capacity; method of
				  measuring water usage; method of construction; and well driller, if
				  known.
(b) The commission may deny
				  the issuance of a water use permit as provided for under chapter 13-171 until
				  such time as the applicant registers all wells which the applicant owns or
				  operates.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 3 - WELLS › Section 13-168-13 - Well completion report

Current through June, 2024
Within thirty days after the completion of any well, the
					 well driller or pump installation contractor, as the case may be, shall file
					 with the commission on forms provided by the commission a well completion
					 report containing as appropriate:
(1)
				  State well number;
(2) Date of
				  completion;
(3) Tax map
				  key;
(4) Well head, top of casing,
				  and ground elevations;
(5) Method
				  of construction;
(6) Depths,
				  diameters, and other dimensions of drilled hole;
(7) Depths, diameters, dimensions, and types
				  of casing and grouting;
(8)
				  Driller's log of water levels, depths, thickness, and drilling characteristics
				  of sub-surface formations;
(9)
				  Pumping test record, including times, rates of pumping, drawdown of the water
				  level, and chloride content of the pumped water;
(10) Elevation of static water level or
				  artesian head;
(11) Water
				  temperature;
(12) Chemical analyses
				  of a water sample drawn from the well; and
(13) Other information as may be required by
				  the commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 3 - WELLS › Section 13-168-14 - Well construction and pump installation standards

Current through June, 2024
(a)
				  The minimum standards referenced in this section, 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 ground water aquifers. The
				  standards for well construction specified in The Hawaii Well Construction and
				  Pump Installation Standards, adopted by the Commission on Water Resource
				  Management, and as may be amended, is hereby incorporated by
				  reference.
(b) The minimum
				  standards for the installation of pumps and pumping equipment shall also
				  provide for the installation of devices to measure the amount of ground water
				  being withdrawn from the wells. The Hawaii Well Construction and Pump
				  Installation Standards, as may be amended, is hereby incorporated by
				  reference.
(c) The well
				  construction and pump installation standards referenced in this section shall
				  serve as minimum guidelines and shall be subject to review and modification by
				  the commission.
(d) 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 land owner 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 3 - WELLS › Section 13-168-15 - Well inspection

Current through June, 2024
Any authorized representative or employee of the
					 department shall have free access to all wells and their appurtenances at any
					 reasonable time to inspect, test, obtain data, or investigate any matter
					 connected with the intent and purposes of these rules. However, the department
					 shall first make a reasonable effort to notify the owner or operator of the
					 well and obtain his consent and assistance.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 3 - WELLS › Section 13-168-16 - Abandoned wells

Current through June, 2024
(a) The owner or operator of any well which
				  has been determined by the commission or voluntarily declared by the owner or
				  operator to be abandoned as defined in § 13-168-2, after written
				  notification, shall be required, at owner's or operator's expense, to re-case,
				  cement, plug back, cap, or otherwise repair the well or fill and seal the well
				  with cement in a manner approved by the commission.
(b) The owner or operator of such abandoned
				  well shall not commence the required remedial work until an application has
				  been made and a well construction permit has been obtained.
(c) Within thirty days after completion of
				  the required work, the owner shall file with the commission a well abandonment
				  report containing the owner's name and address; the water use permit number, if
				  any; the name and address of the well driller who performed the work; the
				  reason for abandonment; a complete description of the work performed; and such
				  other information as the commission may require.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 4 - STREAM DIVERSION WORKS › Section 13-168-31 - Registration of existing stream diversion works

Current through June, 2024
Within one year from the effective date of these rules,
					 the owner or operator of any stream diversion works in any area of the state
					 shall register such facility with the commission. Registration shall be on the
					 forms provided by the commission and shall include information such as
					 location, dimensions, elevations, divertible capacity, construction plans,
					 method of measuring flows, and all other facts or information reasonably
					 required.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 4 - STREAM DIVERSION WORKS › Section 13-168-32 - Stream diversion permits

Current through June, 2024
(a) No person shall
				  construct or alter a stream diversion works, other than in the course of normal
				  maintenance, without first obtaining a stream diversion 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. An application for a stream
				  diversion permit shall be accompanied by a non-refundable filing fee of $25.00,
				  excepting government agencies, and shall be required for all areas of the state
				  including water management areas. The owner of the stream diversion works shall
				  make application or cause an application to be made.
(b) Each application for a stream diversion
				  permit shall be made on forms provided by the commission and 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 works;
(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 works;
				  and
(9) Such other information as
				  the commission may require.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 4 - STREAM DIVERSION WORKS › Section 13-168-33 - Stream diversion completion report

Current through June, 2024
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 report shall describe the
					 nature and extent of the work performed, including relevant maps and diagrams
					 showing the location and details of the stream diversion
					 work.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 4 - STREAM DIVERSION WORKS › Section 13-168-34 - Stream diversion works inspection

Current through June, 2024
Any authorized representative or employee of the
					 department shall have free access to all stream diversion works and
					 appurtenances at any reasonable time to inspect, obtain data, or investigate
					 any matter connected with the intent and purposes of these rules. However, the
					 department shall first make a reasonable effort to notify the owner or operator
					 of the stream diversion works and obtain his consent and
					 assistance.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 4 - STREAM DIVERSION WORKS › Section 13-168-35 - Abandoned stream diversion works

Current through June, 2024
(a) The owner of
				  any stream diversion works wishing to abandon or remove such works shall first
				  obtain a stream diversion permit issued or caused to be issued by the
				  commission. No abandonment work shall be undertaken by the applicant until such
				  a permit is issued by the commission.
(b) Each application for a stream diversion
				  permit to perform abandonment work shall be made on forms furnished by the
				  commission, shall not require a fee, and shall include:
(1) The name and address of the
				  applicant;
(2) The location and
				  description of the proposed stream diversion work abandonment;
(3) An assessment of the impact the
				  abandonment will have on the stream environment;
(4) Relevant maps, plans, and drawings;
				  and
(5) Other information as may be
				  necessary for the commission to determine the merits of the proposed stream
				  channel alteration, including any hazards to public health, safety, or welfare,
				  and the desirability of issuing a permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 1 - GENRAL PROVISIONS › Section 13-169-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide for the
					 establishment of a statewide program to protect, enhance, and reestablish,
					 where practical, beneficial instream uses of water, including the development
					 and establishment of standards for instream flows and the creation of a permit
					 system to regulate the alteration of stream channels.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 1 - GENRAL PROVISIONS › Section 13-169-3 - Penalties

Current through June, 2024
(a) Any person who violates any provision of
				  this chapter or any permit condition or who fails to comply with any order of
				  the commission may be subject to a fine imposed by the commission. Such fine
				  shall not exceed $1,000 per violation. For a continuing offense, each day's
				  continuance is a separate violation.
(b) 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 1 - GENRAL PROVISIONS › Section 13-169-4 - Administrative and judicial review

Current through June, 2024
Any person who is aggrieved or adversely affected by an
					 order or action of the commission pertaining to any provision of this chapter
					 may seek administrative and judicial review in accordance with chapter
					 91, Hawaii Revised
					 Statute.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 2 - INSTREAM USE PROTECTION PROGRAM › Section 13-169-20 - Principles and guidelines for instream use protection

Current through June, 2024
The protection of instream uses statewide shall be guided
					 by the following general principles:
(1) The quality of the stream systems
				  statewide shall be protected and enhanced where practicable. Accordingly, where
				  practicable, streams should be maintained with water sufficient to preserve
				  fish, wildlife, scenic, aesthetic, recreational, and other instream uses, and
				  stream systems should be retained substantially in their natural
				  condition.
(2) A systematic program
				  of baseline research is recognized as a vital part of the effort to describe
				  and evaluate stream systems, to identify instream uses, and to provide for the
				  protection and enhancement of such stream systems and uses.
(3) Recognition shall be given to the natural
				  interrelationship between surface and ground waters.
(4) In determining flow requirements to
				  protect instream uses or in assessing stream channel alterations, consideration
				  should be given to the maintenance of existing non-instream uses of economic
				  importance and the preservation of stream waters for potential non-instream
				  uses of public benefit.
(5) In
				  order to avoid or minimize the impact on existing uses when preserving,
				  enhancing, or restoring instream values, the commission shall consider physical
				  solutions, including water exchanges, modifications of project operations,
				  changes in points of diversion, changes in time and rate of diversion, uses of
				  water from alternative sources, or any other solutions.
(6) Expressions of the public interest should
				  be sought in the implementation of this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 2 - INSTREAM USE PROTECTION PROGRAM › Section 13-169-21 - General powers and duties

Current through June, 2024
The general administration of this chapter shall rest with
					 the commission on water resource management. In addition to its other powers
					 and duties, the commission:
(1) Shall
				  establish instream flow standards for the protection of instream uses and shall
				  require that such flow standards be followed when:
(a) the commission issues stream channel
				  alteration permits under this chapter,
(b) the State disposes of water from state
				  watersheds, including that removed by wells or tunnels where they may affect
				  stream flow, and
(c) the State
				  regulates the use of lands and waters within state conservation
				  districts.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 2 - INSTREAM USE PROTECTION PROGRAM › Section 13-169-22 - Establishment of program

Current through June, 2024
An instream use protection program designed to protect,
					 enhance, and reestablish, where practicable, beneficial instream uses of water
					 statewide shall be established. The program shall include the:
(1) Conducting of baseline research and the
				  undertaking of hydrologic investigations on the area's stream
				  systems;
(2) Identification and
				  documentation of instream uses of significance for the area;
(3) Identification and documentation of
				  existing stream water development;
(4) Establishment and monitoring of instream
				  flow standards and interim instream flow standards for the preservation of
				  stream waters to sustain the instream uses identified in subsection (2) above;
				  and
(5) Establishment of a permit
				  system to regulate the alteration of any stream channel in the area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 2 - INSTREAM USE PROTECTION PROGRAM › Section 13-169-23 - Baseline research

Current through June, 2024
A continuing comprehensive program of baseline research
					 for the state's streams and stream systems shall be initiated as part of the
					 program to protect instream uses. Data from this research shall be used in
					 developing the instream flow standards required under this chapter. When
					 advisable, the commission may contract with any person for the baseline
					 research to be performed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 2 - INSTREAM USE PROTECTION PROGRAM › Section 13-169-24 - Scope of research

Current through June, 2024
The baseline research required in §
										13-169-23 shall include:
(1) Field surveys to identify and document
				  instream and non-instream uses of stream water;
(2) The collection of hydrologic data and
				  assessments of streamflow characteristics and stream ecosystems; and
(3) Determinations of stream water
				  requirements for significant instream uses.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-30 - Initiation by commission

Current through June, 2024
(a) The commission
				  may initiate proceedings for the establishment of an instream flow standard for
				  any stream(s) or stream reach(es) in the state. In acting upon the
				  establishment of instream flow standards, the commission shall set forth in
				  writing its conclusion that the public interest requires an instream flow
				  standard to be set, the reasons therefore, and the findings supporting the
				  reasons.
(b) Instream flow
				  standards shall be established on a stream-by-stream basis whenever necessary
				  to protect the public interest in waters of the state.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-31 - Notice of intent

Current through June, 2024
(a) Upon the
				  commission's decision to initiate proceedings to establish or modify an
				  instream flow standard, the department shall publish a notice of the
				  commission's intention to set the instream flow standard, setting forth:
(1) The affected stream(s) or stream reach
				  (es) thereof; and
(2) A statement
				  that interested persons may transmit their views in writing to the
				  department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-32 - Investigations required

Current through June, 2024
(a) After giving
				  notice and before any proposed instream flow standard is established by the
				  commission, the department under the directive of the commission shall conduct
				  whatever investigation is deemed necessary for the commission to reach a
				  decision. During the investigation the department shall consult with and
				  consider the recommendations of the state department of health, the U.S. Fish
				  and Wildlife Service, the mayor of the appropriate county, and other agencies
				  and persons having information on the stream(s), reach(es), or non-instream
				  uses.
(b) The commission may also
				  require reports from users of stream water detailing the quantity of water
				  being used and the manner and extent of the use.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-33 - Method for development of instream flow standard

Current through June, 2024
(a) Each
				  candidate stream or stream reach shall be assessed for the instream uses as
				  defined in this chapter.
(b) In
				  assessing instream uses, the department may employ various methods to determine
				  the significance of each use and its associated stream water requirements.
				  Instream uses may be quantitatively or qualitatively rated, recognizing that
				  instream uses may rely on factors other than streamflow to maintain their
				  overall value. The assessment of instream uses shall be substantiated by
				  adequate surveys to provide an indication of a stream or stream reach's
				  potential to host particular instream uses, taking into account existing and
				  potential water developments.
(c)
				  The hydrologic data and streamflow characteristics of a stream or stream reach
				  under consideration shall be analyzed and evaluated.
(d) Based on the evaluated instream use(s),
				  requirements for the stream within defined reaches shall be determined. These
				  requirements shall be expressed for specified time intervals (such as monthly
				  or seasonal) and reaches in terms of the quantity, depth, quality, or other
				  measurable attributes of stream water, or a combination of these attributes,
				  needed to preserve, enhance, or restore the stream or stream reach's ability to
				  provide for those identified instream uses. Each instream flow standard shall
				  describe the measurable attributes necessary to protect the public interest in
				  the particular stream. Instream flow standards shall be expressed in terms of
				  variable flows of water necessary to adequately protect fishery, wildlife,
				  recreational, aesthetic, scenic, or other beneficial instream uses in the
				  stream in light of existing and potential water developments including the
				  economic impact of restriction of such use. When quantitative data cannot be
				  developed without undue expenditure of time, financing, and effort, the
				  department may recommend qualitatively derived requirements.
(e) In formulating the proposed standard, the
				  commission shall weigh the importance of the present or potential instream
				  values with the importance of the present or potential uses of water from the
				  stream for non-instream purposes, including the economic impact of restriction
				  of such uses.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-34 - Notice; public hearing

Current through June, 2024
(a) Upon the
				  drafting of a proposed instream flow standard and prior to its adoption, the
				  commission shall hold a public hearing and shall publish a notice of the
				  hearing, setting forth the:
(1) Affected
				  stream(s) or stream reach(es) thereof;
(2) Purpose of the public hearing;
				  and
(3) Time, date, and place of
				  the public hearing where written or oral testimony may be submitted or
				  heard.