reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 2 - DESIGNATION OF WATER MANAGEMENT AREAS › Section 13-171-7 - Ground water criteria for designation

Current through June, 2024
In designating an area for ground 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 percent of the sustainable yield of the proposed
				  water management area;
(2) That 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;
(3) That the chloride contents of existing
				  wells are increasing to levels which materially reduce the value of their
				  existing uses;
(4) Whether
				  excessive preventable waste of water is occurring;
(5) There is an actual or threatened water
				  quality degradation as determined by the department of health;
(6) Serious disputes respecting the use of
				  ground water resources are occurring;
(7) Whether regulation is necessary to
				  preserve the diminishing ground water supply for future needs, as evidenced by
				  excessively declining ground water levels; 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 water
					 management area conditioned on a rise in the rate of ground water withdrawal to
					 a level of ninety percent of the area's sustainable yield, the commission, when
					 such level reaches the eighty percent 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 2 - DESIGNATION OF WATER MANAGEMENT AREAS › Section 13-171-8 - Surface water criteria for designation

Current through June, 2024
In designating an area for surface 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 additions to or
				  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)
				  Whether serious disputes respecting the use of surface water resources are
				  occurring.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 2 - DESIGNATION OF WATER MANAGEMENT AREAS › Section 13-171-9 - Findings of fact; decision of commission

Current through June, 2024
After public hearing and any investigations deemed
					 necessary have been completed, the chairperson, after consultation with the
					 appropriate county council and county water board, shall make a recommendation
					 to the commission for decision. If the commission decides to designate a water
					 management area, it shall cause a notice of its decision to be published in a
					 newspaper of general circulation in the appropriate county and when so
					 published its decision shall be final unless judicially appealed in the
					 appropriate court.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 2 - DESIGNATION OF WATER MANAGEMENT AREAS › Section 13-171-10 - Modifying and rescinding designated areas

Current through June, 2024
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 as
					 provided in subchapter
					 2 for the designation of a water
					 management area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-11 - Permits required

Current through June, 2024
(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.
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-12 - Application for new and existing water use permits

Current through June, 2024
(a) A person
				  shall file an application with the commission to use water within a designated
				  water management area. No withdrawal, diversion, impoundment, or consumptive
				  use of water shall be made by the applicant until receipt of a permit issued by
				  the commission, provided that, an existing use in a newly designated water
				  management area may be continued until such time as the commission has acted
				  upon the existing water use permit application.
(b) Each permit application shall be made on
				  forms furnished by the commission and shall contain the following:
(1) The name and address of the applicant and
				  landowner; provided that:
(A) In the event
				  the applicant is an association, organization, partnership, trust, corporation,
				  or any other legal entity doing business in Hawaii, the address of its
				  principal place of business shall be stated in the application; and
(B) In the event a lessee, licensee,
				  developer, or any other person with a terminable interest or estate in the
				  land, which is the water source of the permitted water, applies for a water
				  permit, the landowner shall also be stated as a joint applicant for the water
				  permit;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-13 - Conditions for a water use permit

Current through June, 2024
(a) To obtain a
				  permit pursuant to this part, the applicant shall establish that the proposed
				  use of water:
(1) Can be accommodated with
				  the available water source;
(2) Is
				  a reasonable-beneficial use as defined in section 13-171-2;
(3) Will not interfere with any existing
				  legal use of water;
(4) Is
				  consistent with the public interest;
(5) Is consistent with state and county
				  general plans and land use designations; and
(6) Is consistent with county land use plans
				  and policies.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-14 - Existing uses

Current through June, 2024
(a) All existing uses of water in a
				  designated water management area, except those exempted from regulation by this
				  chapter, may be continued after July 1, 1987, only with a permit issued in
				  accordance with sections 13-171-12, 13-171-13, 13-171-15, and 13-171-17 through
				  13-171-21.
(b) Whether the existing
				  use is a reasonable-beneficial use and is allowable under the common law of the
				  State shall be determined by the commission after a hearing; provided that even
				  if the commission finds that the existing use is not allowable under the common
				  law of the state, such finding of itself shall not constitute a bar to the
				  granting of the permit. The commission may make such a determination without a
				  hearing, if the quantity of water applied for does not exceed 25,000 gallons
				  per month or if the quantity of water applied for exceeds said amount per
				  month, but no objection to the application is filed by any person having
				  standing to file an objection. In determining whether an application does not
				  exceed the amount per month set forth in this section, the commission shall
				  consider an average of water use over the three-month period immediately
				  preceding the filing of the application.
(c) Two or more existing uses of water are
				  deemed to be competing when they draw water from the same hydrologically
				  controllable area and the aggregate quantity of water consumed by the users
				  exceeds the appropriate sustainable yield or instream flow standards
				  established pursuant to law for the area. If applications are made to continue
				  existing uses which are competing and the uses otherwise meet the requirements
				  of subchapter 3, the commission shall hold a hearing to determine the quantity
				  of water that may be consumed and the conditions to be imposed on each existing
				  use.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-15 - Late filing for existing uses

Current through June, 2024
An application for a permit to continue an existing use
					 must be made within a period of one year from the date of designation. Except
					 for appurtenant rights, failure to apply within this period creates a
					 presumption of abandonment of the use, and the user, if the user desires to
					 revive the use, must apply for a permit under section
					 13-171-12. If the commission
					 determines that there is just cause for the failure to file, it may allow a
					 late filing. However, the commission may not allow a late filing more than five
					 years after the effective date of these rules. The commission shall send two
					 notices, one of which shall be by registered mail, to existing users to file
					 for an application for a permit to continue an existing use.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-16 - Competing new water use permit applications

Current through June, 2024
If two or more applications which otherwise comply with
					 section 13-171-13 are pending for a
					 quantity of water that is inadequate for both or all, or which for any other
					 reason are in conflict, the commission shall first, seek to allocate water in
					 such a manner as to accommodate both applications if possible; second, if
					 mutual sharing is not possible, then the commission shall approve that
					 application which best serves the public interest.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-17 - Public notice

Current through June, 2024
(a) Upon receipt of
				  the application, the commission shall cause a notice thereof to be published in
				  a newspaper having general circulation within the affected area. The notice
				  shall be published at least once a week for two consecutive weeks. In addition,
				  the commission shall cause a copy of such notice to be sent to any person who
				  has filed a written request for notification of any pending applications
				  affecting a particular designated area and to the mayor and the water board of
				  the affected county. This notification shall be sent by regular mail before the
				  date of last publication. The commission shall also make available to the
				  public, upon request, a monthly bulletin of all pending applications.
(b) The notice and the monthly bulletin shall
				  contain the name and address of the applicant; the date of filing; the date set
				  for a hearing, if any; the source of the water supply; the quantity of water
				  applied for; the use to be made of the water and any limitations thereon; the
				  place of the use; and the location of the well point or diversion.
(c) The notice shall state that written
				  objections to the proposed permit may be filed with the commission by a
				  specified date. The time limits within which objections must be filed are set
				  forth in section 13-171-18. The commission, at its discretion, may request
				  further information from either applicant or objectors, and a reasonable time
				  shall be allowed for such responses. Each applicant shall be notified by the
				  commission of the objections filed to an application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-18 - Objection to proposed water use permit

Current through June, 2024
(a) Within ten
				  working days after the last public notice of the pending permit application, a
				  party may file with the commission, written objections to the proposed permit
				  and a brief in support of such objections. Such party shall serve copies of the
				  objections and brief upon the applicant.
(b) The written objection shall:
(1) Set forth questions of procedure, fact,
				  law or policy, to which objections are taken; and
(2) State all grounds for objections to the
				  proposed permit. The grounds not cited or specifically urged are
				  waived.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-19 - Evaluation period

Current through June, 2024
(a) In the event no
				  statement of objections is filed, the commission may proceed to approve or
				  reject the permit application.
(b)
				  Upon the filing of any objections and briefs together with the briefs in
				  support, the commission may render its decision or request further information
				  from either the applicant or the objector before rendering its
				  decision.
(c) An application shall
				  be acted upon by the commission within ninety calendar days of an application
				  not requiring a hearing, or within one hundred eighty calendar days of an
				  application requiring a hearing. The time periods prescribed in this subsection
				  shall not be deemed to run for any period in which an application is not
				  complete in all material respects in the judgment of the commission.
(d) A permit user of water in an existing
				  water management area, with a continuous reduced water usage, shall be given
				  priority to reobtain its permitted level of water usage over any other
				  application; provided that the use remains the same and is reasonable and
				  beneficial and water is available.
(e) In acting upon any application, the
				  commission need consider only those objections filed by a person who has some
				  property interest in any land within the hydrologic unit from which the water
				  sought by the applicant is to be drawn or who will be directly and immediately
				  affected by the water use proposed in the application. The commission shall
				  adopt rules governing the filing of objections and the persons having standing
				  to file objections.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-20 - Water use permit issuance

Current through June, 2024
(a) After a notice
				  of permit application for an existing use has been published as provided in
				  section 13-171-17, the commission shall issue an interim permit for the
				  continuation of an existing use in effect on July 1, 1987, if the criteria set
				  forth in section 13-171-14 are met and the existing use is reasonable and
				  beneficial.
(b) The commission
				  shall also issue an interim permit for an estimated, initial allocation of
				  water if the quantity of water consumed under the existing use is not
				  immediately verifiable, but the existing use otherwise meets the conditions of
				  this chapter for an interim permit or permanent permit. An interim permit is
				  valid for such time period specified therein. The commission may issue
				  successive interim permits of limited duration. Interim permits are subject to
				  revocation under section 13-171-24. Whenever interim permits are to be issued,
				  the time periods specified in section 13-171-19 apply to the issuance or
				  nonissuance of interim permits.
(c)
				  A permanent permit to continue an existing use shall be issued by the
				  commission for a quantity of water not exceeding that quantity being consumed
				  under the existing use interim permit. The quantity being consumed shall be
				  determined and verified by the best available means not unduly burdensome on
				  the applicant, as determined by the commission.
(d) The commission may prescribe the
				  installation of metering or gauging devices, and, if so prescribed, such
				  metering or gauging devices shall be in place and operational for at least one
				  year before a determination is made as to the quantity of water being consumed
				  in an existing use and whether a permanent permit is issued.
(e) The commission shall condition permits
				  under this chapter in such a manner as to protect instream flows and maintain
				  sustainable yields of ground water established under the Hawaii Water
				  Plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-21 - Duration of water use permit

Current through June, 2024
(a) An interim
				  permit is valid for such time period as prescribed by the commission and as
				  specified on the permit therein. If an interim permit is issued pending
				  verification of the actual quantity of water being consumed under the existing
				  use, a final determination of that quantity shall be made within five years of
				  the filing of the application to continue the existing use. In the final
				  determination, the commission may increase or reduce the amount initially
				  granted the permittee.
(b) Each
				  permanent permit for water use in a designated water management area shall be
				  valid until the designation of the water management area is rescinded, unless
				  revoked as provided in section 13-171-24, or modified as provided in section
				  13-171-23.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-22 - Review of water use permit

Current through June, 2024
(a) The commission
				  shall retain and continue to have jurisdiction for the purpose of reviewing and
				  modifying every permit as may be necessary in fulfillment of its duties and
				  obligations under this code.
(b) At
				  least once every twenty years, the commission shall conduct a comprehensive
				  study of all permits issued under this chapter to determine whether the
				  conditions on such permits are being complied with. The commission shall
				  prepare a formal report to the legislature which shall be available to the
				  public.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-23 - Modification of water use permit

Current through June, 2024
(a) A permittee may
				  seek modification of any term of a permit. A permittee who seeks to change the
				  use of water subject to the permit, whether or not such change in use is of a
				  material nature, or to change the place of use of the water or to use a greater
				  quantity of water than allowed under the permit or to make any change in
				  respect to the water which may have a material effect upon any person or upon
				  the water resources, shall make application for such modification pursuant to
				  section 13-171-12. Modification of one aspect or condition of a permit may be
				  conditioned on the permittee's acceptance of changes in other aspects of the
				  permit.
(b) All permit modification
				  applications shall be treated as initial permit applications and be subject to
				  sections 13-171-12 to 13-171-22; except that if the proposed modification
				  involves an increase in the quantity of water not exceeding an average amount
				  per month as set forth in section 13-171-14, the commission, at its discretion,
				  may approve the proposed modification without a hearing provided that the
				  permittee establishes that:
(1) A change in
				  conditions has resulted in the water allowed under the permit becoming
				  inadequate for the permittee's needs; or
(2) The proposed modification would result in
				  a more efficient utilization of water than is possible under the existing
				  permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-24 - Revocation of water use permit

Current through June, 2024
After a hearing, the commission may suspend or revoke a
					 permit for:
(1) Any materially false
				  statement in the application for the water use permit, a modification of a
				  permit term, or any materially false statement in any report or statement of
				  fact required of the user pursuant to this part.
(2) Any willful violation of any condition of
				  the permit.
(3) Any violation of
				  any provision of this chapter.
(4)
				  Partial or total nonuse, for reasons other than conservation, of the water
				  allowed by the permit for a period of four continuous years or more. The
				  commission may permanently revoke the permit as to the amount of water not in
				  use unless the user can prove that the user's nonuse was due to extreme
				  hardship caused by factors beyond the user's control. The commission and the
				  permittee may enter into a written agreement that, for reasons satisfactory to
				  the commission, any period of nonuse may not apply towards the four-year
				  revocation period. Any period of nonuse which is caused by a declaration of
				  water shortage pursuant to section 13-171-44 shall not apply towards the
				  four-year period of forfeiture. The commission may cancel a permit, permanently
				  and in whole, with the written consent of the permittee.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-25 - Transfer of water use permit

Current through June, 2024
A permit may be transferred in whole or in part from the
					 permittee to another if:
(1) The
				  conditions of use of the permit including, but not limited to place, quantity,
				  and purpose of the use remain the same; and
(2) The commission is informed of the
				  transfer within ninety days.
Failure to inform the of the transfer invalidates the
					 transfer and constitutes a ground for revocation of the permit. A transfer
					 which involves a change in any condition of the permit, including a change in
					 use covered in section 13-171-22, is also invalid; and constitutes a ground for
					 revocation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-26 - Contested cases

Current through June, 2024
Chapter
					 91, HRS shall apply except where it
					 conflicts with this chapter. In such a case, this chapter shall apply. Any
					 other law to the contrary notwithstanding, including chapter
					 91, 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 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 3 - WATER USE PERMITS › Section 13-171-27 - Appurtenant rights

Current through June, 2024
Appurtenant rights are preserved. Nothing in this part
					 shall be construed to deny the exercise of an appurtenant right by the holder
					 thereof at any time. A permit for water use based on an existing appurtenant
					 right shall be issued upon application. Such permit shall be subject to
					 sections 13-168-5,
					 13-168-6,
					 13-171-12,
					 13-171-24,
					 13-171-25,
					 13-171-26, and subchapters 4 and
					 5 of this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 4 - DECLARATION OF WATER SHORTAGE › Section 13-171-40 - Principles of water shortage declaration

Current through June, 2024
(a) The commission
				  shall formulate a plan for implementation during periods of water shortage. As
				  a part of the plan, the commission shall adopt a reasonable system of permit
				  classification according to source of water supply, method of extraction or
				  diversion, use of water, or a combination thereof.
(b) The commission may declare that a water
				  shortage exists within all or part of an area when insufficient water is
				  available to meet the requirements of the permit system or when conditions are
				  such as to require a temporary reduction in total water use within the area to
				  protect water resources from serious harm.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 4 - DECLARATION OF WATER SHORTAGE › Section 13-171-41 - Criteria for water shortage declaration

Current through June, 2024
A water shortage declaration shall be made by the
					 commission within all or part of a water management area which the commission
					 has found and publicly declared that it is necessary to regulate the uses of
					 water because in its opinion that usage has caused or may cause within the
					 foreseeable future:
(1) Withdrawals
				  that exceed the recharge;
(2)
				  Declining water levels or heads;
(3) Deterioration in the quality of water due
				  to increasing chloride content;
(4)
				  Excessive waste of water which can be prevented; or
(5) A situation in which any further water
				  development would endanger the ground water aquifer or the existing sources of
				  supply.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 4 - DECLARATION OF WATER SHORTAGE › Section 13-171-42 - Permit classification

Current through June, 2024
(a) The commission
				  shall formulate a plan for implementation during periods of water shortage. As
				  a part of the plan, the commission shall adopt a reasonable system of permit
				  classification according to source of water supply, method of extraction or
				  diversion, use of water, or a combination thereof.
(b) In accordance with this chapter, the
				  commission may impose such restrictions on one or more classes of permits as
				  may be necessary to protect the water resources of the area from serious harm
				  and to restore them to their previous condition.
(c) All permittees, unless exempted by the
				  commission, shall submit a water shortage plan outlining how it will reduce its
				  own water use in case of a shortage. Every water shortage plan shall be subject
				  to approval or modification by the commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 4 - DECLARATION OF WATER SHORTAGE › Section 13-171-43 - Notice

Current through June, 2024
(a) When a water shortage is declared, the
				  commission shall cause a notice thereof to be published in a prominent place in
				  a newspaper of general circulation throughout the area. The notice shall be
				  published each day for the first week of the shortage and once a week
				  thereafter until the declaration is rescinded. Publication of such notice shall
				  serve as notice to all water users in the area of the condition of water
				  shortage.
(b) The commission shall
				  cause each permittee in the area to be notified by regular mail of any change
				  in the conditions of the permittee's permit, any suspension thereof, or of any
				  other restriction on the use of water for the duration of the water
				  shortage.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 4 - DECLARATION OF WATER SHORTAGE › Section 13-171-44 - Duration of water shortage declaration

Current through June, 2024
A declaration of water shortage and any measure adopted
					 pursuant thereto may be rescinded by the commission when conditions no longer
					 require a temporary reduction in total water use within a designated water
					 management area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 5 - DECLARARION OF WATER EMERGENCY › Section 13-171-50 - Decision by commission

Current through June, 2024
If an emergency condition arises due to a water shortage
					 within any area, whether within or outside of a water management area, and if
					 the commission finds that the restrictions imposed under section
					 13-171-42 are not sufficient to
					 protect the public health, safety, or welfare, or the health of animals, fish,
					 or aquatic life, or a public water supply, or recreational, municipal,
					 agricultural, or other reasonable uses, the commission may issue orders
					 reciting the existence of such an emergency and requiring that such actions as
					 the commission deems necessary to meet the emergency be taken, including but
					 not limited to apportioning, rotating, limiting, or prohibiting the use of the
					 water resources of the area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 5 - DECLARARION OF WATER EMERGENCY › Section 13-171-51 - Notice

Current through June, 2024
(a) When a water emergency is declared, the
				  commission shall publish notice thereof in a newspaper of general circulation
				  throughout the area. The notice shall be published each day for the first week
				  of the emergency and once a week thereafter until the emergency is
				  rescinded.
(b) The commission shall
				  cause each registered user of water and permittee in the area to be notified by
				  regular mail of any change to a registered water use or condition of a
				  permittee's permit. The notice shall describe such actions as the commission
				  deems necessary to meet the emergency, including but not limited to
				  apportioning, rotating, limiting, or prohibiting the use of the water resource
				  in the area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 5 - DECLARARION OF WATER EMERGENCY › Section 13-171-52 - Disposition of challenge to declaration

Current through June, 2024
Any party to whom an emergency order is directed may
					 challenge such an order but shall immediately comply with the order, pending
					 disposition of the party's challenge. The commission shall give precedence to a
					 hearing on such challenge over all other pending matters.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 5 - DECLARARION OF WATER EMERGENCY › Section 13-171-53 - Duration of water emergency

Current through June, 2024
A declaration of water emergency and any measure ordered
					 pursuant thereto may be rescinded by the commission when conditions no longer
					 require a temporary reduction in total water use within the emergency
					 area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 6 - RESERVATION OF WATER › Section 13-171-60 - Reservations of water

Current through June, 2024
(a) As provided in
				  HRS §
										174C-49(d),
				  the commission, by rule, may reserve water in such locations and quantities and
				  for such seasons of the year as in its judgment may be necessary.
(b) The commission shall adopt within this
				  subchapter specific reservations of water in water management areas in such
				  quantities as are deemed necessary for purposes which are consistent with the
				  public interest, including the provision of water for current and foreseeable
				  development and use of Hawaiian home lands pursuant to section 221 of the
				  Hawaiian Homes Commission Act and HRS §
										174C-101(a).
(c) Proceedings for the establishment of a
				  reservation of water resources within a designated water management area by the
				  commission may be initiated:
(1) Upon
				  recommendation by the chairperson; or
(2) Upon written petition to the commission
				  by any interested person with proper standing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 6 - RESERVATION OF WATER › Section 13-171-61 - Department of Hawaiian home lands reservation for Honolulu and Leeward Oahu

Current through June, 2024
The commission hereby reserves 1.724 million gallons per
					 day of ground water from state lands in the Waipahu-Waiawa aquifer system for
					 use in the Papakolea, Nanakuli, and Waianae-Lualualei Hawaiian homestead areas.
					 This amount shall be in excess of the existing uses of water on Hawaiian home
					 lands as of the effective date of this rule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 6 - RESERVATION OF WATER › Section 13-171-62 - Department of Hawaiian home lands reservation for Windward Oahu

Current through June, 2024
The commission hereby reserves 0.124 million gallons per
					 day of ground water from state lands in the Waimanalo aquifer system for use in
					 the Waimanalo Hawaiian homestead area. This amount shall be in excess of the
					 existing uses of water on Hawaiian home lands as of the effective date of this
					 rule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 171 - DESIGNATION AND REGULATION OF WATER MANAGEMENT AREAS › Subchapter 6 - RESERVATION OF WATER › Section 13-171-63 - Department of Hawaiian home lands reservation for Kualapuu, Molokai

Current through June, 2024
The commission hereby reserves 2.905 million gallons per
					 day of ground water from state lands in the Kualapuu aquifer system for use on
					 Hawaiian home lands on Molokai. This amount shall be in excess of the existing
					 uses of water on Hawaiian home lands as of the effective date of this
					 rule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 1 - GENERAL › Section 13-183-1 - Purpose

Current through June, 2024
(a) The purpose of these rules is to provide
				  for:
(1) The leasing of geothermal resources
				  on state or reserved lands; and
(2)
				  The regulation of all drilling of geothermal resources in Hawaii.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 1 - GENERAL › Section 13-183-2 - Authority

Current through June, 2024
These rules are promulgated pursuant to the jurisdiction
					 and authority of the board of land and natural resources as provided in
					 chapters
					 177,
					 178 and
					 182, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 1 - GENERAL › Section 13-183-4 - Penalty

Current through June, 2024
Any person violating the provisions of this chapter shall
					 be punished as provided in §§ 178-7 and
					 182-17,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 1 - GENERAL › Section 13-183-5 - Appeal

Current through June, 2024
Unless provided otherwise, any person adversely affected
					 thereby may appeal to the circuit court from any ruling of the board pursuant
					 to chapter
					 91, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 1 - GENERAL › Section 13-183-6 - Right of entry

Current through June, 2024
Any authorized representative or employee of the
					 department shall have free access and right of entry to all wells, producing
					 facilities and their appurtenances for the purpose of inspecting or testing
					 wells and equipment for the purpose of determining compliance with these
					 rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-7 - Exploration permit required on state and reserved lands

Current through June, 2024
An exploration permit is required to conduct any
					 exploration activity on state or reserved lands for evidence of geothermal
					 resources. Exploration activity includes, but is not limited to, geophysical
					 operations, drilling of shallow temperature test holes less than five hundred
					 feet in depth, or deeper as may be determined by the board, construction of
					 roads and trails, and cross-country transit by vehicle over state lands. All
					 other drilling on state or reserved lands shall be regulated as provided in
					 subchapters 8 through 13 herein.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-8 - Application for exploration permits

Current through June, 2024
Any person may apply for an exploration permit on any
					 state or reserved land by submitting a written application to the board
					 containing the following:
(1) The name
				  and address of the person, association, or corporation for whom the operations
				  will be conducted and of the person who will be in charge of the actual
				  exploration activities.
(2) A
				  description of the type of exploration activities proposed to be
				  undertaken.
(3) A description of
				  the lands to be explored.
(4) A map
				  or maps, available from state or federal sources, showing the lands to be
				  entered or disturbed.
(5) The
				  approximate dates of the commencement and termination of exploration
				  activities.
(6) A statement by
				  applicant agreeing to submit to the board within twenty calendar days after
				  notification by the board that the permit application has been approved by a
				  surety company bond in the amount of $10,000 payable to the State conditioned
				  upon compliance with all terms and conditions of the exploration permit. If any
				  person holds more than one exploration permit in the State, that person may
				  file with the board, in lieu of separate bonds for each exploration permit, a
				  blanket bond in the amount of $50,000.
(7) The name and address of the surface owner
				  of the land.
(8) Evidence that the
				  owner and surface lessee, if any, has or has not consented to the entry upon
				  the land and a description of the efforts made and the reasons for not securing
				  the consent.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-9 - Permit filing fee

Current through June, 2024
Each application shall be accompanied by a non-refundable
					 filing fee in the amount of $100.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-10 - Number of permits

Current through June, 2024
The number of permits shall be in accordance with and as
					 provided in §
										182-8
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-11 - Approval of permit applications

Current through June, 2024
All applications shall be subject to the approval of and
					 the terms and conditions set by the board. Any application for a geothermal
					 exploration permit not approved within sixty calendar days after the date of
					 receipt of the application shall be resubmitted unless the same has been
					 extended by the board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-12 - Non-exclusive permits

Current through June, 2024
Geothermal exploration permits under this subchapter allow
					 only non-exclusive access to state or reserved lands for geothermal exploration
					 activity prescribed in §
										13-183-7 and do not provide any
					 preference rights to a mining lease of the lands explored by the permits. In
					 the event an exploration permit is in effect on or issued after the
					 commencement date of a mining lease covering all or part of the same state or
					 reserved lands, the permittee's rights shall be subordinate to the lessee's
					 rights and the permittee's exploration activities shall not unreasonably
					 interfere with or prevent the mining lessee's use of the
					 leasehold.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-13 - Duration of permits

Current through June, 2024
Exploration permits shall be valid for a period of one
					 year from date of issuance, but may be renewed for an additional period of time
					 at the discretion of the board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-14 - Confidentiality of exploration results

Current through June, 2024
Within sixty days after the termination date of an
					 exploration permit, the permittee shall submit the results of the exploration
					 to the chairperson of the board, which result shall be kept confidential by the
					 board. If the permittee makes an application for a geothermal mining lease of
					 the lands explored within a period of six months from the date the results are
					 submitted to the board, the board shall continue to keep the results
					 confidential until a lease for the lands has been issued or for three years
					 from the date of submission of the data, whichever is sooner. If the permittee
					 does not make an application for a geothermal mining lease or leases for the
					 lands explored within a period of six months from the date the results are
					 submitted to the board, the board at its discretion need not keep the results
					 confidential.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-15 - Departmental investigation

Current through June, 2024
The department may conduct scheduled and unscheduled
					 inspections and investigations of operations conducted under geothermal
					 exploration permits.