reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 6 - PREFERENCE RIGHTS › Section 4-153-16 - Preference right

Current through June, 2024
Any person otherwise qualified to take an agricultural park
					 lot shall have preference in any disposition of agricultural park lots if the
					 person:
(1) Is a veteran who served in
				  the military forces of the United States and who was honorably discharged
				  therefrom;
(2) Is a displaced
				  farmer who within a five-year period preceding the application is the former
				  owner or lessee of farm premises that were condemned, taken, or repossessed by
				  a governmental authority or private person;
(3) Is an owner or lessee in possession of
				  farm premises that will be condemned, taken, or repossessed by a governmental
				  authority or private person, for any reason, and will be a displaced farmer
				  within ten years following the application date for an agricultural park
				  lot;
(4) Operates a farm located in
				  a zoning district where agricultural use is a nonconforming use; or
(5) Is a new farmer as defined in section
				  4-153-1.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 6 - PREFERENCE RIGHTS › Section 4-153-17 - Proof of preference status

Current through June, 2024
(a) Any applicant
				  claiming preference status shall furnish proof of veteran status, displacement
				  or potential displacement, nonconformance to zoning, or new farmer
				  qualification as called for in the instructions to applicants and which shall
				  be submitted together with the application.
(b) Willful sale or surrender of a farm shall
				  disqualify an applicant as a displaced farmer.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 8 - DISPOSITION OF LEASES › Section 4-153-19 - Negotiation

Current through June, 2024
(a) A lease of agricultural park land may be
				  disposed of through negotiation upon a finding by the board that the public
				  interest demands it.
(b) After a
				  determination is made to negotiate the disposition of a lease, the
				  administrator shall:
(1) Give public notice in
				  accordance with the procedure set forth in section 4-153-22(b), of the
				  department's intention to lease agricultural park land through negotiation,
				  setting forth the minimum conditions thereunder, and the uses for which the
				  land will be leased. Any person interested in securing the lease shall file an
				  application with the administrator not later than forty-five days after the
				  first publication of the notice;
(2) Determine the applicants who meet the
				  criteria for selection set by the board and notify all applicants of the
				  administrator's determination. Any applicant may examine the basis of the
				  determination, which shall be in writing, to ascertain whether or not the
				  conditions and criteria established by the board were followed; provided that
				  if any applicant does not notify the administrator of the applicant's
				  objections, and the grounds therefor, in writing, within twenty days of the
				  receipt of the notice, the applicant shall be barred from proceeding to seek
				  legal remedy for any alleged failure of the department to follow the conditions
				  and criteria.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 8 - DISPOSITION OF LEASES › Section 4-153-20 - Drawing of lot

Current through June, 2024
When the board determines that agricultural park lands are
					 to be leased by drawing, the administrator shall give public notice inviting
					 applications for the drawing as provided in section
					 4-153-22, with such details
					 concerning the drawing as it deems necessary and desirable. Applications to
					 participate in the drawing shall be filed with the department within two weeks
					 after the last publication date of the notice. Within not more than one hundred
					 twenty days after the closing date for applications, the administrator shall
					 screen the qualifications of the applicants, select those qualified to
					 participate, notify all applicants of the selection, and conduct a drawing. The
					 date of the drawing shall be published as set forth in section
					 4-153-22. All applicants shall be
					 notified of the results of the drawing, and the award of leases shall be made
					 by the board at its next regularly scheduled meeting. The lease shall be issued
					 when conditions of the award of lease are fulfilled.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 8 - DISPOSITION OF LEASES › Section 4-153-21 - Public auction

Current through June, 2024
(a) Disposition of
				  agricultural park lands may be made at public auction after public notice as
				  provided in section 4-153-22. All public auctions shall be held at the
				  department or at any other convenient place in the district in which the land
				  is located, and shall be conducted by the administrator or by an authorized
				  employee of the division under the direction of the administrator, who shall
				  perform this service without extra compensation.
(b) To be eligible to bid in an auction for
				  an agricultural park lease, a bidder shall qualify as a bona fide farmer or new
				  farmer as defined in this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 8 - DISPOSITION OF LEASES › Section 4-153-22 - Notices

Current through June, 2024
(a) Each notice of proposed lease disposition
				  shall contain the following information:
(1)
				  General information regarding all the parcels or lots offered for lease, such
				  as time and place of disposition, terms and conditions of disposition,
				  qualification of applicants, procedure for filing application, conditions of
				  award, if any, and time and place at which more detailed information regarding
				  the lease disposition may be obtained; and
(2) Specific information pertaining to the
				  individual parcels or lots offered for lease such as the parcel or lot number,
				  its description, location and area, minimum, base, or upset rental, basis for
				  additional rent if any, method of payment, purpose for which leased, the term
				  of lease, building requirement, and other such covenants and conditions;
				  and
(3) The lessee's responsibility
				  for applicable lease disposition costs pursuant to section 4-153-6.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 8 - DISPOSITION OF LEASES › Section 4-153-23 - Conduct of drawing

Current through June, 2024
(a) Qualified
				  applicants shall be present in person or shall be represented by an agent with
				  appropriate credentials authorizing representation. Applicants who are not
				  present or arrive late at the drawing shall be disqualified.
(b) All qualified applicants shall be placed
				  in the following groups:
(1) Group I, All
				  persons given preference pursuant to section 4-153-16; or
(2) Group II, Bona fide farmers as defined in
				  this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-24 - Lease provisions; generally

Current through June, 2024
Every agricultural park lease issued by the board shall
					 contain:
(1) The specific use or uses
				  to which the land is to be employed, provided that the use or uses shall be for
				  agricultural or aquacultural activities only;
(2) The improvements required, provided that
				  a minimum reasonable time shall be allowed for the completion of the
				  improvements, and provided further that the board may permit the lessee to
				  offset the cost of any improvements to the leasehold against not more than two
				  years of lease rental;
(3)
				  Restrictions against alienation as set forth in section 4-153-33;
(4) The rent as established by the board or
				  at public auction, which shall be payable not more than one year in advance, in
				  monthly, quarterly, semiannual, or annual payments;
(5) Where applicable, adequate protection of
				  forests, watershed areas, game management areas, wildlife sanctuaries, and
				  public hunting areas; reservation of rights-of-way and access to other public
				  lands, public hunting areas, game management areas, or public beaches; and
				  prevention of nuisance and waste; and
(6) Such other terms and conditions as the
				  board deems necessary to preserve and protect agricultural park lands and to
				  effectuate the purposes of the State Constitution and of chapter
				  166, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-25 - Consent to mortgage

Current through June, 2024
(a) Whenever under
				  this chapter or under any agricultural park lease issued by the board, consent
				  of the State is required as a condition precedent to the mortgage of, or the
				  creation of a security interest in public land, the chairperson may, upon due
				  application, grant the consent, and if the mortgage or security interest is to
				  a recognized lending institution authorized to do business in the State of
				  Hawaii, the consent shall extend to foreclosure and sale at the foreclosure to
				  any purchaser, provided that the purchaser is qualified under this chapter to
				  lease and hold the land or any interest therein.
(b) The holder of record having a security
				  interest includes any insurer or guarantor of the obligation or condition of
				  the mortgage, including any federal mortgage lending agency and its respective
				  successors and assigns or any lending institution authorized to do business in
				  the State of Hawaii; provided that the consent to mortgage to a nongovernmental
				  holder shall not confer any greater rights or powers in the holder than those
				  which would be required by any federal mortgage lending agency.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-26 - Irrigation projects

Current through June, 2024
In any agricultural park lease a condition may be provided
					 requiring the inclusion of the land being disposed in any irrigation project
					 formed or to be formed by the state agency responsible therefor, and making the
					 land subject to assessments made or to be made for the project, the assessments
					 constituting a first lien upon the land which, if not paid, shall result in the
					 forfeiture of the land subject to notice of default as provided in section
					 4-153-34.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-27 - Taxes

Current through June, 2024
Agricultural park leases shall be subject to real property
					 taxes. Upon notice by the appropriate agency, the administrator shall notify
					 the lessee and each holder of record having a security interest as provided in
					 section 4-153-35 of any default in the
					 payment of the taxes, and upon failure to remedy the default within sixty days
					 after receipt of notice of default, the board may cancel and terminate the
					 lease without prejudice to any other remedies the State may have against the
					 lessee.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-28 - Condemnation of leases

Current through June, 2024
The agricultural park lease shall provide that whenever a
					 portion of the public land under lease is condemned for public purposes by the
					 State, a county, or any other governmental agency, the base rental shall be
					 reduced in proportion to the value of the portion of the premises condemned.
					 The lessee shall be entitled to receive from the condemning authority:
(1) The value of growing crops, if any, which
				  the lessee is not permitted to harvest; and
(2) The proportionate value of the lessee's
				  permanent improvements so taken in the proportion that it bears to the
				  unexpired term of the lease;
provided that the lessee may, in the alternative, remove
					 and relocate the lessee's improvements to the remainder of the lands occupied
					 by the lessee. The foregoing rights of the lessee shall not be exclusive of any
					 other to which the lessee may be entitled by law. Where the portion so taken
					 renders the remainder unsuitable for the uses for which the land was leased,
					 the lessee shall have the option to surrender the lease and be discharged from
					 any further liability therefor; provided that the lessee may remove the
					 lessee's permanent improvements within such reasonable period allowed by the
					 State.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-29 - Re-purchase right, first offer to board; limitation on re-purchase price

Current through June, 2024
An agricultural park lease or any interest therein,
					 including stock of a corporation holding the lease or an interest in a
					 partnership or association holding the lease, shall not be transferred or
					 assigned unless the lease and improvements, or any interest therein, are first
					 surrendered to the board, as follows:
(1) The board shall have the option to
				  re-purchase the lease for the price paid by the current lessee, including
				  closing costs, or the fair market value, less appreciated value, at the time of
				  re-purchase, as determined in paragraph (3), whichever is the lower but not
				  less than zero. For the purposes of this subsection, "price paid by the current
				  lessee" means the consideration paid for the lease exclusive of improvements
				  and "appreciated value" means the replacement cost for developing the leased
				  premises. If the board does not exercise its option, the provisions of section
				  4-153-33(a)(6) shall apply.
(2) Any
				  improvements affixed to the realty, including trade fixtures and growing crops,
				  shall be re-purchased at their fair market value.
(3) At the time of the re-purchase, the fair
				  market value of the lease less appreciated value and the fair market value of
				  any improvements shall be determined by a qualified appraiser whose services
				  shall be contracted for by the department; provided that should the lessee
				  disagree with the values, the lessee may appoint the lessee's own appraiser who
				  together with the department's appraiser shall appoint a third appraiser, and
				  the fair market value shall be determined by arbitration as provided in chapter
				  658, Hawaii Revised Statutes. In this event, the lessee shall pay for the
				  lessee's own appraiser, the department shall pay for its appraiser, and the
				  cost of the third appraiser shall be borne equally by the lessee and the
				  department.
(4) The board may
				  re-purchase the lease and improvements with funds from the agricultural park
				  special fund or may accept a surrender of lease subject to the offer by a
				  qualified applicant to purchase the lease and improvements, including any
				  encumbrances, for not less than the amount to be paid therefor by the board;
				  provided that the purchase by a qualified applicant shall be subject to
				  sections 4-153-19 and 4-153-22.
(5)
				  Notwithstanding the conditions herein, the consideration for the applicant's
				  purchase of the lease as provided in paragraph (4) above shall not be less than
				  the total of all encumbrances that have been approved by the State at the time
				  of the re-purchase.
(6) This
				  section shall not apply to a holder of record having a security interest upon
				  foreclosure pursuant to section 4-153-35.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-30 - Disposition of abandoned or seized property

Current through June, 2024
The department may sell, donate, or otherwise dispose of
					 property abandoned or seized on land managed by the department upon compliance
					 with the requirements of section
					 171-31.5,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-31 - Covenants against discrimination

Current through June, 2024
The board shall provide in every agricultural park lease
					 that the use and enjoyment of the premises being granted shall not be in
					 support of any policy which discriminates against anyone based upon race,
					 creed, color, national origin, sex, or physical handicap. The board shall not
					 dispose of any public land to any person who practices discrimination based
					 upon race, creed, color, national origin, sex, or physical handicap. As used in
					 this section "physical handicap" means a physical impairment which
					 substantially limits one or more of a person's major life
					 activities.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 9 - LEASE PROVISIONS › Section 4-153-32 - Additional terms and conditions

Current through June, 2024
(a) The
				  agricultural park lessee, within a reasonable period of time and in accordance
				  with the plan of development and utilization provided for in subsection (d),
				  shall derive the major portion of the lessee's annual income from the
				  production of livestock, poultry, crops or products for which the land is
				  granted to the lessee; provided that this restriction shall not apply if
				  failure to meet the restriction results from mental or physical disability or
				  the loss of a spouse, or if the premises are fully utilized in the production
				  of crops or products for which the disposition was granted. The lessee shall
				  promptly provide information and documents requested by the administrator,
				  including but not limited to copies of income tax returns, to verify that the
				  income requirement is being met.
(b) The lessee shall furnish the department,
				  prior to the issuance of the executed lease, the following:
(1) A certificate of comprehensive liability
				  insurance to be maintained throughout the term of the lease with coverage in an
				  amount to be determined by the department and approved by the board, subject to
				  periodic review and adjustment at intervals specified in the lease. The
				  certificate of insurance shall name the department as an additional insured and
				  shall require a thirty-day notice to the department of any policy change or
				  cancellation; and
(2) A performance
				  bond to be maintained throughout the term of the lease in an amount equal to
				  two times the annual base rental; provided that the bond requirement may be
				  waived by the administrator upon evidence that the lessee is substantially in
				  compliance with lease terms and the lessee's lot is substantially developed
				  according to plans approved by the department; provided further that the
				  department may reinstate the waived bond at any time during the term of the
				  lease.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 11 - BREACH OR DEFAULT › Section 4-153-34 - Notice of breach or default

Current through June, 2024
Except as otherwise specifically provided in this chapter,
					 in the event of a breach or default of any term, covenant, restriction, or
					 condition of any agricultural park lease issued under this chapter, the board
					 shall deliver a written notice of the breach or default by personal service or
					 by registered or certified mail to the party in default and to each holder of
					 record having any security interest in the land covered by or subject to the
					 lease, making demand upon the party to cure or remedy the breach or default
					 within sixty days from the date of receipt of the notice; provided that where
					 the breach involves a failure to make timely rental payments, including the
					 payment of additional rents due, pursuant to the lease issued under this
					 chapter, the written notice shall include a demand upon the party to cure the
					 breach within less than sixty days, but not less than five business days, after
					 receipt of the notice. Upon failure of the party to cure or remedy the breach
					 or default within the time period provided in this section or within such
					 additional period as the board may allow for good cause, the board may, subject
					 to section 4-153-35, exercise the rights it
					 may have at law or as set forth in the lease.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 11 - BREACH OR DEFAULT › Section 4-153-35 - Rights of holder of security interest

Current through June, 2024
(a) Whenever any
				  notice of breach or default is given to any party under section 4-153-34, or
				  under the terms of any lease or other instrument issued under this chapter, a
				  copy of the notice shall be delivered by the administrator to all holders of
				  record having a security interest in any land or interest covered by an
				  agricultural park lease or other instrument whose security interest has been
				  recorded with the department and the bureau of conveyances of the State. Should
				  the board seek to forfeit the privilege, interest, or estate created by the
				  lease, each holder may, at its option, cure or remedy the breach or default, if
				  the same can be cured or remedied, by the payment of money or, if such is not
				  the case, by performing or undertaking in writing to perform all the terms,
				  covenants, restrictions, or conditions of the lease capable of performance by
				  the holder, as determined by the board, within the time period provided in
				  section 4-153-34 or within such additional period as the board may allow for
				  good cause, and add the cost thereof to the mortgage debt and the lien of the
				  mortgage. Upon failure of the holder to exercise its option, the board may:
(1) Pay to the holder from any moneys at its
				  disposal the amount of the mortgage debt, together with interest and penalties,
				  and secure an assignment of the debt and mortgage from the holder; or if
				  ownership of the interest or estate shall then have vested in the holder by way
				  of foreclosure or action in lieu thereof, the board shall be entitled to a
				  conveyance of the interest or estate upon payment to the holder of the amount
				  of the mortgage debt, including interest and penalties, and all reasonable
				  expenses incurred by the holder in connection with the foreclosure and
				  preservation of its security interest, less appropriate credits, including
				  income received from the privilege, interest, or estate subsequent to the
				  foreclosure; or
(2) If the property
				  cannot be reasonably reassigned without loss to the State, then terminate the
				  outstanding privilege, interest, or estate without prejudice to any other right
				  or remedy for arrears of rent or for any preceding or other breach or default,
				  and use its best efforts to redispose of the affected land to a qualified and
				  responsible person free and clear of the mortgage and the debt thereby secured;
				  provided that a reasonable delay by the board in instituting or prosecuting any
				  right or remedy it may have under this section shall not operate as a waiver of
				  the right or to deprive it of the remedy when the delay serves to assist the
				  board in resolving the problems created by the breach or default
				  involved.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 11 - BREACH OR DEFAULT › Section 4-153-36 - Leases; forfeiture

Current through June, 2024
Upon the violation of any condition or term of any
					 agricultural park lease to be observed or performed by the lessee, including
					 but not limited to failure of a prospective lessee to execute the lease within
					 thirty days after presentation thereof, the board, after due notice of default
					 as provided in section
					 4-153-34, and subject to the rights
					 of each holder of record having a security interest as provided in section
					 4-153-35, shall terminate the lease
					 or tenancy and take possession of the leased land together with all
					 improvements placed thereon, without demand or previous entry and without legal
					 process, and shall retain all rent paid in advance as damages for the
					 violations. The retention of advance rent as liquidated damages shall be in
					 addition to any other rights and remedies available to the department under
					 section 4-153-34.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 12 - SEVERABILITY › Section 4-153-37 - Severability

Current through June, 2024
This chapter shall be deemed to be severable, and in the
					 event a section of this chapter is determined to be invalid, such invalidity
					 shall affect that section only and not invalidate this chapter in its
					 entirety.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-1 - General

Current through June, 2024
(a) These rules establish the practices
				governing the provision of irrigation water for all department of agriculture
				irrigation systems and define the obligations of the board to consumers and of
				the consumers to the board.
(b) It
				is the policy of the board to render adequate and satisfactory service to all
				consumers and to encourage courtesy to the public by all its employees. The
				board desires to cooperate with consumers to eliminate water waste and to
				minimize charges to the consumer.
(c) Prospective consumers are advised to
				obtain information from the department on the availability of water, pressure
				conditions, and other pertinent data.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-5 - Elevation agreement, pressure condition

Current through June, 2024
(a) The
				department shall make every effort to maintain pressure but shall not be
				responsible for maintaining pressure in its water main.
(b) Where property is situated at an
				elevation higher than the irrigation system, the consumer, in consideration of
				a connection with the department's system., shall agree to accept water service
				as the department is able to render it from the department's existing
				facilities and to install, if necessary, and maintain at the consumer's own
				expense a tank and pump of suitable design and of sufficient capacity to
				furnish an adequate and dependable supply of water. When required, the consumer
				shall install protective devices between the consumer's supply line and the
				service connection. The consumer shall execute a written release to the
				department for all claims on account of any inadequacy of the department's
				system or inadequacy of the water supply to the consumer.
(c) When the pressure from the department's
				supply is higher than that for which the irrigation equipment or other
				facilities are designed, the consumer shall protect the consumer's equipment
				and other facilities by installing and maintaining pressure reducing and relief
				valves at the consumer's expense. The department shall not be liable for damage
				due to pressure conditions caused by or arising from the failure or defective
				condition of the pressure regulators and relief valves or for damage that may
				occur through their installation, maintenance, or use.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-6 - Application for water service and service connections

Current through June, 2024
(a) Each prospective consumer shall be
				required to sign the standard application form for the water service desired. A
				nonrefundable filing fee shall be required with each water service application.
				This application fee shall be in accordance with the amount established by the
				board. By signing the application form, the consumer assumes responsibility for
				the payment of future water charges at each designated location and to abide by
				these rules before water is turned on for any use whatsoever. The consumer
				signing the application form shall be held liable for the payment of all water
				charges at the designated location. The lessee or owner of the land shall also
				be liable for the water charges in the event that the consumer fails to
				pay.
(b) Water charges shall begin
				when the water service is established and shall continue until due notification
				from the consumer or until discontinued by the administrator-chief engineer for
				failure of the consumer to comply with these rules. It is the responsibility of
				the landowner to notify the irrigation district manager when there is a change
				in the occupant of the parcel; otherwise, the property owner will incur
				additional charges.
(c) When an
				application for water service is made by a consumer who was responsible for and
				failed to pay all water bills previously rendered, regardless of location or
				time incurred, the department may refuse to furnish water service until the
				outstanding bills are paid.
(d) A
				prospective consumer taking possession of property and using water without
				applying to the department for water service to the property shall be held
				liable for the water charges from the date of the last recorded meter reading
				as well as a new application fee. If proper application for water service is
				made and if accumulated bills for water service are not paid upon presentation,
				the water service shall be subject to discontinuance without further notice.
(e) Consumers are required to
				notify the irrigation district manager at least forty-eight hours in advance of
				the time they would like water delivery to begin. The department does not
				guarantee the start date or time, nor amount of irrigation water delivered but
				the department will operate in a manner consistent with its responsibilities
				set forth in these rules. Consumers may be required to receive water on a
				defined delivery schedule established by the admiinistrator chief
				engineer.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-8 - Meter reading and rendering of bill

Current through June, 2024
(a) Meters or water
				flow measuring instruments are read and bills are rendered monthly. Special
				readings will be made when necessary for closing of accounts or when otherwise
				required. Consumers using the system to water animals or herds of livestock
				shall be billed in the same manner and at the same rate as agricultural and
				aquacultural consumers. Irrigation water delivered by ditches to the consumer
				shall be measured at weirs at the point or points of delivery to the consumer's
				land. The agents or employees of the board shall take readings from the weirs
				at least once during the period of delivery of the irrigation water and the
				readings taken shall be used by the board to determined the amount of
				irrigation water delivered. If the board does not deliver the amount of
				irrigation water requested by the consumer, its agent or employee shall notify
				the consumer at that time of the amount of water delivered. All protests by the
				consumer shall be made within seven days of the date of delivery. If no protest
				is made by the consumer within that period, the amount of irrigation water
				determined by the board to have been delivered, from its readings pursuant to
				this section, shall be deemed conclusive.
(b) Closing bills for periods shorter than
				the standard billing cycle will ordinarily be determined by the amount of water
				actually used as indicated by the meter reading, plus the acreage assessment
				for the full billing cycle.
(c) For
				the purpose of computing charges, all meters serving the consumer's premises
				shall be considered separately and the readings thereof shall not be
				combined.
(d) All notices and bills
				for water charges shall be mailed by the department to the consumer at the
				address of the consumer stated in the consumer's application until the
				department is notified in writing by the consumer of a new address. It shall be
				the responsibility of the consumer to report a change of address or ownership
				to the department; if the consumer fails to report a change in address or
				ownership, the consumer shall continue to be liable for all charges and
				interest that accrue on the account.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-9 - Payment of bills

Current through June, 2024
(a) All bills shall
				be due and payable when the department deposits the bill in the United States
				mail, or upon presentation to the consumer, whichever is earlier. Payment shall
				be made at the office of the irrigation district manager or at the department's
				option, to duly authorized collectors of the department. If any bill is not
				paid within thirty days after the department presents the bill directly to the
				consumer or deposits it in the United States mail for delivery, the water
				service shall be subject to discontinuance without further notice.
(b) There shall be a service charge for
				payments made by checks which have been dishonored by the bank for any reason.
				The service charge shall be as provided in section
				40-35.5,
				Hawaii Revised Statutes, and shall be added to the charges set in section
				167-6,
				Hawaii Revised Statutes.
(c) An
				interest charge shall be assessed on delinquent balances of more than sixty
				days and the interest rate shall be consistent with chapter 167, Hawaii Revised
				Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-10 - Non-registering meters

Current through June, 2024
If a meter fails to register due to any cause except the
				  non-use of water, an average bill may be rendered. This average bill shall be
				  subject to equitable adjustment, taking into account all factors before,
				  during, and after the period of the bill.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-11 - Meter tests and adjustment of bills for inaccuracy of measurement

Current through June, 2024
(a) All meters are tested prior to
				installation. Any consumer who, for any reason, doubts the accuracy of the
				meter serving the consumer's premises may request a test of the meter. The
				requesting consumer will be notified as to the time of the test and may witness
				the test. There will be a charge for meter tests to defray the cost.
(b) If, as a result of the test, the meter is
				found to register more than two per cent fast under conditions of normal
				operation, the department shall refund to the consumer the overcharge based on
				past consumption for a period not to exceed six months, unless it can be proved
				that the error was due to some cause for which a specific date can be
				determined, and the cost of the test. Any overcharge shall be computed back to
				but not beyond, the determined date.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-12 - Discontinuance of service

Current through June, 2024
(a) Water service
				may be refused or discontinued by the department for the following reasons:
(1) If the bill has not been paid within
				thirty days after the mailing or presentation thereof to the consumer. However,
				acreage assessments shall continue in spite of the discontinuance of
				service;
(2) If the consumer fails
				to comply with any of these rules, and noncompliance is not corrected within
				five days after the department so notifies the consumer;
(3) Without notice by the department, to
				protect the department against fraud, abuse, or unauthorized use of
				water;
(4) Where negligent or
				wasteful use of water exists on any premises, if the conditions are not
				corrected within five days after the department gives the consumer written
				notice of the department's intent to refuse or discontinue service;
				or
(5) Where the demands of the
				consumer will result in inadequate service to others.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-13 - Restoration of water service

Current through June, 2024
If water service is turned off because of failure to pay a
				  bill or violation of any of these rules or for other reasons, all outstanding
				  accounts against the consumer shall be paid or satisfactorily secured before
				  water service shall be restored.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-14 - Department's equipment on consumer's premises

Current through June, 2024
All equipment belonging to the department and installed upon
				  the consumer's premises for measurement, test, check, or other purpose, shall
				  continue to be the property of the department and may be repaired, replaced, or
				  removed by the department at any time without the consent of the consumer. The
				  consumer shall exercise reasonable care to prevent damage to meters and other
				  equipment of the department upon the premises and shall in no way interfere
				  with the operation of the meters and other equipment.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-15 - Damage and accessibility to department's property

Current through June, 2024
(a) Any
				damage to water mains, service connections, valves, standpipes, or other
				property of the department shall be paid for by the person or organization
				responsible for the damage.
(b) The
				consumer shall be liable for any damage to a meter or other equipment or
				property of the department caused by the consumer or the consumer's tenants,
				agents, employees, contractors, licensees, or permittees, and the department
				shall be promptly reimbursed by the consumer for all damages upon demand. In
				the event settlement for the damage is not promptly made, the department
				reserves the right to discontinue water service to the premises.
(c) No obstructions shall be placed upon or
				around any water meter, valve, or standpipe rendering it inaccessible. If an
				obstruction is placed so as to interfere with the department's meter, the
				obstruction may be removed by the department without notification to the
				consumer. Any costs associated with the removal of the obstruction will be
				billed to the consumer. The department may confiscate the obstruction and may
				dispose of it without resource to the consumer.
(d) No animals, livestock, or fowl shall be
				tethered or tied to any pipe, flume, structure, valve, standpipe, meter, or
				hydrant of the irrigation system, or be permitted to graze or to wander under
				any structure, or be put or permitted to go into, over, or upon any ditch,
				ditch bank, flume, reservoir, tunnel, or other element of the irrigation
				system. The department may confiscate any animal in violation of this
				subsection and may dispose of the animal without recourse to the
				owner.
(e) No grass, bushes, trees,
				or other windbreak or planting shall be grown or be permitted to grow upon the
				banks of any ditch or so close thereto as to hang into or over any ditch;,
				reservoir, flume, tunnel, standpipe, valve, meter, or hydrant, or other element
				of the irrigation system, or to inhibit the free passage of water therein. No
				dirt, trash, cuttings, rubbish, weed, manure, or drainage water from stables,
				pens, and pastures, or debris of any nature shall be thrown, dumped, or put
				into or upon, any ditch, ditch bank, flume, reservoir, tunnel, or other element
				of the irrigation system. The department may remove or correct such
				obstructions or violations and bill the consumer for the cost of
				remediation.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-16 - Ingress to and egress from consumer's premises

Current through June, 2024
Any officer, employee, or designee of the department shall
				  have the right of ingress to and egress from the consumer's premises at all
				  reasonable hours for any purpose reasonably connected with the furnishing of
				  water or other service to the premises, and the exercise of any and all rights
				  secured to the department by law, including these rules. In case any officer,
				  employee, or designee is refused admittance to the premises or after being
				  admitted is hindered or prevented from making the inspection, the department
				  may cause the water to be turned off from the premises after giving twenty-four
				  hours' notice to the owner or occupant of the premises of the department's
				  intention to do so.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-17 - Responsibility for water receiving equipment

Current through June, 2024
(a) The
				consumer shall, at the consumer's own risk and expense, furnish, install, and
				keep in good and safe condition all equipment that may be required for
				receiving, controlling, applying, and utilizing water and the board shall not
				be responsible for any loss or damage caused by the improper installation of
				the equipment or the negligence, want of proper care, or wrongful act of the
				consumer, or of any of the consumer's tenants, agents, employees, contractors,
				licensees, or permittees in installing, maintaining, using, operating, or
				interfering with any equipment.
(b)
				The department shall not be responsible for damage to property and losses
				caused by irrigation equipment, spigots, faucets, valves, and other equipment
				that may be opened when water is turned on at the meter, either when turned on
				originally or where turned on after a temporary shutdown.
(c) All of the consumers' valves shall be
				showclosing to prevent water hammer.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-18 - Unauthorized drawing of water

Current through June, 2024
(a) No person or
				entity shall be permitted to draw water from any part of the system without the
				written consent of the administrator-chief engineer. No approval shall be
				granted in cases where, in the opinion of the administrator-chief engineer, the
				drawing of water may adversely affect the water service extended by the
				department to other consumers.
(b)
				Approvals given by the department under this section are subject to revocation
				upon thirty days' notice.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-20 - Resale of water

Current through June, 2024
Unless specifically agreed upon by the board, the consumer
				  shall not resell any water received from the board.