reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-35 - Decision of commission

Current through June, 2024
After the required public hearing and after necessary
					 investigations have been completed, the deputy shall make a recommendation to
					 the commission for its decision. The commission shall cause a notice of its
					 decision concerning the adoption of the instream flow standard to be published
					 in a newspaper of statewide circulation. Upon its adoption by the commission,
					 the instream flow standard shall be incorporated into these rules and made a
					 part hereof.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 3 - STREAM FLOW STANDARD › Section 13-169-36 - Modifying instream flow standards

Current through June, 2024
The modification of an existing instream flow standard by
					 the commission may be initiated by the commission or by a petition to the
					 commission by any interested person. The petition for modifying instream flow
					 standards shall be made on forms provided by the department. The procedure for
					 modifying an existing instream flow standard shall be similar to that for the
					 establishment of an instream flow standard; provided that insubstantial
					 modification may be determined and authorized without notice or hearing by the
					 commission and provided, further, that the commission shall hold a hearing upon
					 the written request of any person adversely affected by such
					 order.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-40 - Petition to adopt interim instream flow standard

Current through June, 2024
(a) Pending
				  the establishment of an instream flow standard for any stream(s) or stream
				  reach(es), any person, with proper standing, may petition the commission to
				  adopt an interim instream flow standard for such stream(s) or
				  reach(es).
(b) The petition to
				  adopt an interim instream flow standard shall set forth data and information
				  concerning the need to protect and conserve beneficial instream use(s) of the
				  stream(s) or stream reach(es), and any other relevant and reasonable
				  information required by the commission.
(c) In considering a petition to adopt an
				  interim instream flow standard, the commission shall weigh the importance of
				  the present or potential instream values with the importance of the present or
				  potential uses of water for non-instream purposes, including the economic
				  impact of restricting such uses.
(d) Interim instream flow standards may be
				  adopted on a stream-by-stream basis or may consist of a general interim
				  instream flow standard applicable to all streams within a specified
				  area.
(e) Interim instream flow
				  standards may be adopted by the commission without the necessity of a public
				  hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-41 - Review period

Current through June, 2024
The commission shall grant or reject a petition to adopt
					 an interim instream flow standard under this chapter within one hundred eighty
					 days of the date the petition is filed. The one hundred eighty days may be
					 extended a maximum of one hundred eighty days at the request of the petitioner,
					 subject to the approval of the commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-42 - Schedule for adoption of interim instream flow standards

Current through June, 2024
The commission shall adopt interim instream flow standards
					 as follows:
(1) Windward Oahu by July
				  31, 1987;
(2) East Maui and Kauai
				  by December 31, 1987;
(3) Hawaii
				  and Molokai by July 1, 1988; and
(4) West Maui and Leeward Oahu by December
				  31, 1988.
The commission may alter priorities relative to given
					 areas, and may extend the time needed for completion in the event contested
					 case hearings or court appeals, relative to establishing interim instream
					 standards, develop during this period.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-43 - Termination of interim instream flow standard

Current through June, 2024
(a) Any
				  interim instream flow standard adopted under this subchapter shall terminate
				  upon the establishment of an instream flow standard for the stream(s) or stream
				  reach(es) for which the interim instream flow standard was adopted.
(b) Interim instream flow standards are by
				  their nature temporary and subject to change. Consequently, any reliance upon
				  the interim standards shall be at the water user's own risk.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-44 - Interim instream flow standard for East Maui

Current through June, 2024
The Interim Instream Flow Standard for all streams on East
					 Maui, as adopted by the commission on water resource management on June 15,
					 1988, shall be that amount of water flowing in each stream on the effective
					 date of this standard, and as that flow may naturally vary throughout the year
					 and from year to year without further amounts of water being diverted offstream
					 through new of expanded diversions, and under the stream conditions existing on
					 the effective date of the standard, except as may be modified by the following
					 conditions:
(1) Based upon additional
				  information or a compelling public need, a person may petition the commission
				  on water resource management to amend the standard to allow future diversion,
				  restoration, or other utilization of any streamflow.
(2) The commission reserves its authority to
				  modify the standard or establish new standards, including area-wide or
				  stream-by-stream standards, based upon supplemental or additional
				  information.
(3) In any proceeding
				  to enforce the instream flow standard, the commission, its delegated hearing
				  officer, or a judicial officer may abate the enforcement proceeding if, under
				  the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  stream's water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-45 - Interim instream flow standard for Kauai

Current through June, 2024
The Interim Instream Flow Standard for all streams on
					 Kauai, as adopted by the commission on water resource management on June 15,
					 1988, shall be that amount of water flowing in each stream on the effective
					 date of this standard, and as that flow may naturally vary throughout the year
					 and from year to year without further amounts of water being diverted offstream
					 through new or expanded diversions, and under the stream conditions existing on
					 the effective date of the standard, except as may be modified by the following
					 conditions:
(1) Based upon additional
				  information or a compelling public need, a person may petition the commission
				  on water resource management to amend the standard to allow future diversion,
				  restoration, or other utilization of any streamflow.
(2) The commission reserves its authority to
				  modify the standard or new establish standards, including area-wide or
				  stream-by-stream standards, based upon supplemental or additional
				  information.
(3) In any proceeding
				  to enforce the instream flow standard, the commission, its delegated hearing
				  officer, or a judicial officer may abate the enforcement proceeding if, under
				  the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  stream's water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-46 - Interim instream flow standard for Hawaii

Current through June, 2024
The Interim Instream Flow Standard for all streams on
					 Hawaii, as adopted by the commission on water resource management on June 15,
					 1988, shall be that amount of water flowing in each stream on the effective
					 date of this standard, and as that flow may naturally vary throughout the year
					 and from year to year without further amounts of water being diverted offstream
					 through new or expanded diversions, and under the stream conditions existing on
					 the effective date of the standard, except as may be modified by the following
					 conditions:
(1) Based upon additional
				  information or a compelling public need, a person may petition the commission
				  on water resource management to amend the standard to allow future diversion,
				  restoration, or other utilization of any streamflow.
(2) The commission reserves its authority to
				  modify the standard or new establish standards, including area-wide or
				  stream-by-stream standards, based upon supplemental or additional
				  information.
(3) In any proceeding
				  to enforce the instream flow standard, the commission, its delegated hearing
				  officer, or a judicial officer may abate the enforcement proceeding if, under
				  the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  stream's water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-47 - Interim instream flow standard for Molokai

Current through June, 2024
The Interim Instream Flow Standard for all streams on
					 Molokai, as adopted by the commission on water resource management on June 15,
					 1988, shall be that amount of water flowing in each stream on the effective
					 date of this standard, and as that flow may naturally vary throughout the year
					 and from year to year without further amounts of water being diverted offstream
					 through new or expanded diversions, and under the stream conditions existing on
					 the effective date of the standard, except as may be modified by the following
					 conditions:
(1) Based upon additional
				  information or a compelling public need, a person may petition the commission
				  on water resource management to amend the standard to allow future diversion,
				  restoration, or other utilization of any streamflow.
(2) The commission reserves its authority to
				  modify the standard or establish new standards, including area-wide or
				  stream-by-stream standards, based upon supplemental or additional
				  information.
(3) In any proceeding
				  to enforce the instream flow standard, the commission, its delegated hearing
				  officer, or a judicial officer may abate the enforcement proceeding if, under
				  the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  streams water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-48 - Interim instream flow standard for West Maui

Current through June, 2024
The Interim Instream Flow Standard for all streams on West
					 Maui, as adopted by the commission on water resource management on October 19,
					 1988, shall be that amount of water flowing in each stream on the effective
					 date of this standard, and as that flow may naturally vary throughout the year
					 and from year to year without further amounts of water being diverted offstream
					 through new or expanded diversions, and under the stream conditions existing on
					 the effective date of the standard, except as may be modified by the following
					 conditions:
(1) Based upon additional
				  information or a compelling public need, a person may petition the commission
				  on water resource management to amend the standard to allow future diversion,
				  restoration, or other utilization of any streamflow.
(2) The commission reserves its authority to
				  modify the standard or establish new standards, including area-wide or
				  stream-by-stream standards, based upon supplemental or additional
				  information.
(3) In any proceeding
				  to enforce the instream flow standard, the commission, its delegated hearing
				  officer, or a judicial officer may abate the enforcement proceeding if, under
				  the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  stream's water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-49 - Interim instream flow standard for Leeward Oahu

Current through June, 2024
The Interim Instream Flow Standard for all streams on
					 Leeward Oahu, as adopted by the commission on water resource management on
					 October 19, 1988, shall be that amount of water flowing in each stream on the
					 effective date of this standard, and as that flow may naturally vary throughout
					 the year and from year to year without further amounts of water being diverted
					 offstream through new or expanded diversions, and under the stream conditions
					 existing on the effective date of the standard, except as may be modified by
					 the following conditions:
(1) Based
				  upon additional information or a compelling public need, a person may petition
				  the commission on water resource management to amend the standard to allow
				  future diversion, restoration, or other utilization of any
				  streamflow.
(2) The commission
				  reserves its authority to modify the standard or new establish standards,
				  including area-wide or stream-by-stream standards, based upon supplemental or
				  additional information.
(3) In any
				  proceeding to enforce the instream flow standard, the commission, its delegated
				  hearing officer, or a judicial officer may abate the enforcement proceeding if,
				  under the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  stream's water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 4 - INTERIM INSTREAM FLOW STANDARD › Section 13-169-49.1 - Interim instream flow standard for Leeward Oahu

Current through June, 2024
The Interim Instream Flow Standard for all streams on
					 Windward Oahu, as adopted by the commission on water resource management on
					 April 19, 1989, shall be that amount of water flowing in each stream on the
					 effective date of this standard, and as that flow may naturally vary throughout
					 the year and from year to year without further amounts of water being diverted
					 offstream through new or expanded diversions, and under the stream conditions
					 existing on the effective date of the standard, except as may be modified by
					 the following conditions:
(1) Based
				  upon additional information or a compelling public need, a person may petition
				  the commission on water resource management to amend the standard to allow
				  future diversion, restoration, or other utilization of any
				  streamflow.
(2) The commission
				  reserves its authority to modify the standard or establish new standards,
				  including area-wide or stream-by-stream standards, based upon supplemental or
				  additional information.
(3) In any
				  proceeding to enforce the instream flow standard, the commission, its delegated
				  hearing officer, or a judicial officer may abate the enforcement proceeding if,
				  under the circumstances and weighing the importance of the present or potential
				  instream values with the importance of the present or potential uses of the
				  stream's water for non-instream purposes (including the economic impact of
				  restricting such uses), the enforcement of the instream flow standard would:
(A) Create a substantial hardship on a use
				  existing on the effective date of this standard; or
(B) Impermissibly burden a right, title, or
				  interest arising under law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT › Section 13-169-50 - Permit required

Current through June, 2024
(a) Stream channels
				  shall be protected from alteration whenever practicable to provide for fishery,
				  wildlife, recreational, aesthetic, scenic, and other beneficial instream uses.
				  No stream channel shall be altered until an application for a permit to
				  undertake the work has been filed and a permit is issued by the commission;
				  provided that routine streambed and drainageway maintenance activities and
				  maintenance of existing facilities are exempt from obtaining a
				  permit.
(b) Projects under
				  construction or projects reviewed and approved by the appropriate federal,
				  state, or county agency prior to the effective date of this chapter will not be
				  affected by this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT › Section 13-169-51 - Permit application; filing fee

Current through June, 2024
(a) A person
				  desiring a stream channel alteration shall file an application with the
				  commission. No alteration work shall be undertaken by the applicant until a
				  permit is issued by the commission.
(b) Each application for a permit shall be
				  made on forms furnished by the department and shall include, but not be limited
				  to:
(1) The name and address of the
				  applicant;
(2) The name and address
				  of the owner or owners of the land upon which the stream channel alteration is
				  proposed;
(3) The location and
				  description of the proposed stream channel alteration and related
				  facilities;
(4) An assessment of
				  the impact the channel alteration will have on the stream
				  environment;
(5) Relevant maps,
				  plans, and drawings; and
(6) Other
				  information as may be necessary for the commission to determine the merits of
				  the proposed stream channel alteration, including any hazards to public health,
				  safety, or welfare, and the desirability of issuing a permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT › Section 13-169-52 - Criteria for ruling on application

Current through June, 2024
(a) The commission
				  shall act upon an application within ninety calendar days after acceptance of
				  the application.
(b) Based upon the
				  findings of fact concerning an application for a stream channel alteration
				  permit, the commission shall either approve in whole, approve in part, approve
				  with modifications, or reject the application for a permit.
(c) In reviewing an application for a permit,
				  the commission shall cooperate with persons having direct interest in the
				  channel alteration and be guided by the following general considerations:
(1) Channel alterations that would adversely
				  affect the quantity and quality of the stream water or the stream ecology
				  should be minimized or not be allowed.
(2) Where instream flow standards or interim
				  instream flow standards have been established pursuant to subchapters 3 and 4,
				  no permit shall be granted for any channel alteration which diminishes the
				  quantity or quality of stream water below the minimum established to support
				  identified instream uses, as expressed in the standards.
(3) The proposed channel alteration should
				  not interfere substantially and materially with existing instream or
				  non-instream uses or with channel alterations previously permitted.
(c) Notwithstanding subparagraph (b) above,
				  the commission may approve a permit pursuant to subparagraph (a) above in those
				  situations where it is clear that the best interest of the public will be
				  served, as determined by the commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT › Section 13-169-53 - Term of permit

Current through June, 2024
(a) Every permit
				  approved and issued by the commission shall be for a specified period, not to
				  exceed two years, unless otherwise specified in the permit.
(b)Every permit approved and issued by the
				  commission shall contain the commencement and completion dates for the
				  permitted activity. In determining the commencement and completion dates of the
				  activity, the commission shall take into consideration the:
(1) Cost and magnitude of the
				  project;
(2) Engineering and
				  physical features involved;
(3)
				  Existing conditions; and
(4) Public
				  interests affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT › Section 13-169-54 - Revocation of permit

Current through June, 2024
(a) A permit may be
				  revoked in whole or in part for any:
(1)
				  Material false statement in the application or in any report or statement of
				  fact required pursuant to this chapter;
(2) Violation of this chapter relative to the
				  permit; or
(3) Violation of the
				  conditions of the permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 169 - PROTECTION OF INSTREAM USES OF WATER › Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT › Section 13-169-55 - Emergency work

Current through June, 2024
(a) When emergency channel alteration is
				  necessary to prevent or minimize loss of life or damage to property, including
				  the repair or restoration of structures damaged by a sudden and unforeseen
				  event, a person may proceed to effect the channel alteration without a
				  permit.
(b) In general, protective,
				  health, and sanitation measures shall be limited to the minimum amount
				  necessary to remove immediate threats to health and safety or to prevent
				  immediate or further damage to property, and emergency repairs or restoration
				  of structures shall be based on their replacement by a minimum facility of the
				  same general type.
(c) No later
				  than the first working day after initiation of any emergency work, the person
				  effecting the work shall notify the department and describe the nature and
				  circumstances of the remedial work so that the department may issue an
				  emergency authorization.
(d) Within
				  thirty days of his notification to the department, the person effecting the
				  emergency work shall submit to the commission a report describing the nature
				  and extent of the emergency work performed, including relevant maps and
				  diagrams showing the location and details of the channel alteration
				  completed.
(e) No fee will be
				  required for the filing of a report for emergency channel alteration
				  work.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 1 - GENERAL PROVISIONS › Section 13-170-2 - Formulation of the Hawaii water plan

Current through June, 2024
(a) The commission
				  shall formulate an integrated program for the protection, conservation, and
				  management of the waters of the state. This program, with such amendments,
				  supplements, and additions as may be necessary, shall be known as the Hawaii
				  water plan. The Hawaii Water Plan shall serve as a continuing long-range guide
				  for water resource management. The contents of the Hawaii water plan shall
				  consist of the following elements:
(1) Water
				  resource protection;
(2) Water use
				  and development;
(3) State water
				  projects; and
(4) Water
				  quality.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 1 - GENERAL PROVISIONS › Section 13-170-3 - General powers and duties

Current through June, 2024
The general administration of this chapter shall rest with
					 the commission. In addition to its other powers and duties, the
					 commission:
(1) Shall give careful
				  consideration to the requirements of public recreation, the protection of the
				  environment, and the procreation of aquatic life and wildlife. The commission
				  may prohibit or restrict other future uses on certain designated streams which
				  may be inconsistent with these objectives.
(2) May designate certain uses in connection
				  with a particular source of supply which, because of the nature of the activity
				  or the amount of water required, would constitute an undesirable use for which
				  the commission may deny a permit under the provisions of chapter
				  13-171.
(3) May also designate
				  certain uses in connection with a particular source of supply which, because of
				  the nature of the activity or amount of water required, would result in an
				  enhancement or improvement of the water resources of the area. Such uses shall
				  be preferred over other uses in any action pursuant to sections 13-171-14(g)
				  and 13-171-16.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 1 - GENERAL PROVISIONS › Section 13-170-4 - Modification of water plan

Current through June, 2024
(a) The commission
				  may add to the Hawaii water plan any other information, directions, or
				  objectives it feels necessary or desirable for the guidance of the counties in
				  the administration and enforcement of this chapter.
(b) The commission shall not adopt, approve,
				  or modify any portion of the Hawaii water plan which affects a county or any
				  portion thereof without first holding a public hearing on the matter on the
				  island on which the water resources are located. At least ninety days in
				  advance of such hearing, the commission shall notify the affected county and
				  shall give notice of such hearing by publication within the affected region and
				  statewide.
(c) Each county shall
				  update and modify its water use and development plans as necessary to maintain
				  consistency with its zoning and land use policies.
(d) In formulating or revising the plans,
				  each county and the commission shall consult with and carefully evaluate the
				  recommendations of concerned federal, state, and county agencies.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 2 - WATER RESOURCE PROTECTION PLAN › Section 13-170-20 - Contents of the plan

Current through June, 2024
The contents of the water resource protection plan shall
					 include, but not be limited to, the following:
(1) Designation of hydrologic units statewide
				  and their characteristics;
(2) A
				  master inventory describing the nature and location of water resources in the
				  state by hydrologic units, current water uses statewide, and water quality data
				  as provided by the department of health in the water quality plan;
(3) Requirements for beneficial instream uses
				  and environmental protection, desirable uses worthy of preservation by permit,
				  and undesirable uses for which permits may be denied;
(4) Programs to conserve, augment, and
				  protect the water resource; and
(5)
				  Other elements as deemed necessary or desirable by the commission for inclusion
				  in the plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 2 - WATER RESOURCE PROTECTION PLAN › Section 13-170-21 - Guidelines for preparation of the plan

Current through June, 2024
(a) In preparation
				  of the inventories identified above and the designation of hydrologic units
				  statewide, the commission shall consult with the appropriate county, state, and
				  federal agencies.
(b) The
				  commission shall study the means and methods of conserving and augmenting the
				  state's water resources. The study shall include the effect on the environment,
				  procreation of aquatic life and wildlife, and water quality; study the quantity
				  and quality of water needed for existing and contemplated uses, including
				  irrigation, power development, geothermal power, industrial, and municipal
				  uses; and study such other related matters as drainage, reclamation, flood
				  hazards, floodplain zoning, dam safety, and selection of reservoir sites, as
				  they relate to the protection, conservation, quantity, and quality of
				  water.
(c) The commission shall set
				  forth programs to conserve, augment, and protect the water resource; and shall
				  consider any other elements necessary or desirable for inclusion in the water
				  resource protection plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 3 - WATER USE AND DEVELOPMENT PLAN › Section 13-170-30 - Responsibilities of counties

Current through June, 2024
A water use and development plan shall be prepared by each
					 separate county and adopted by ordinance, setting forth the allocation of water
					 to land use in that county.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 3 - WATER USE AND DEVELOPMENT PLAN › Section 13-170-31 - Contents of the plan

Current through June, 2024
Each county water use and development plan shall include,
					 but not be limited to:
(1) Status of
				  county water and related land development including an inventory of existing
				  water uses for domestic, municipal, and industrial users, agriculture,
				  aquaculture, hydropower development, drainage, reuse, reclamation, recharge,
				  and resulting problems and constraints;
(2) Future land uses and related water needs;
				  and
(3) Regional plans for water
				  developments including recommended and alternative plans, costs, adequacy of
				  plans, and relationship to the water resource protection plan and water quality
				  plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 3 - WATER USE AND DEVELOPMENT PLAN › Section 13-170-32 - Guidelines for preparation of the plan

Current through June, 2024
(a) In preparing
				  the water use and development plan and for purposes of consistency, the
				  counties shall utilize information from the master water resource inventory
				  identified within the water resource protection plan. The counties shall also
				  utilize the hydrologic units designated statewide by the commission for the
				  presentation of data and analyses.
(b) All water use and development plans shall
				  be prepared in a manner consistent with the following conditions:
(1) Each water use and development plan shall
				  be consistent with the water resource protection plan and the water quality
				  plan.
(2) Each water use and
				  development plan and the state water projects plan shall be consistent with the
				  respective county land use plans and policies, including general plan and
				  zoning as determined by each respective county.
(3) Each water use and development plan shall
				  consider a twenty-year projection period for analysis purposes.
(4) The water use and development plan for
				  each county shall also be consistent with the state land use classification and
				  policies.
(5) The cost of
				  maintaining the water use and development plan shall be borne by the counties;
				  state water capital improvement funds appropriated to the counties shall be
				  deemed to satisfy Article VIII, section 5 of the State Constitution.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 4 - STATE WATER PROJECTS PLAN › Section 13-170-40 - Preparation by agency

Current through June, 2024
A state water projects plan shall be prepared by the
					 agency which has jurisdiction over such projects in conjunction with other
					 state agencies.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 4 - STATE WATER PROJECTS PLAN › Section 13-170-41 - Contents of the plan

Current through June, 2024
The state water projects plan shall include, but not be
					 limited to:
(1) Status of state water
				  and land developments and their existing water use requirements for domestic,
				  industry, agriculture, aquaculture, hydropower, water reclamation, and
				  recharge;
(2) Future land uses and
				  related water needs; and
(3)
				  Statewide plans for water developments including recommended and alternative
				  plans, costs, adequacy of plans, and relationship to the water resource
				  protection plan and the water quality plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 4 - STATE WATER PROJECTS PLAN › Section 13-170-42 - Guidelines for preparation of the plan

Current through June, 2024
(a) In preparing
				  the state water projects plan and for purposes of consistency, the agency shall
				  utilize information from the master water inventory identified within the water
				  resource protection plan. The plan shall also utilize the hydrologic units
				  designated statewide by the commission for the presentation of data and
				  analyses.
(b) The plan shall review
				  current and future state water programs and projects to insure orderly
				  authorization and development of the state's water resources. Study shall be
				  made for all existing and contemplated water projects and shall be based upon,
				  but not be limited to, the following information:
(1) Type of project;
(2) Source of water;
(3) Existing uses;
(4) Contemplated uses; and
(5) System capacity.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 5 - WATER QUALITY PLAN › Section 13-170-50 - Jurisdiction over water quality

Current through June, 2024
(a) The department
				  of health shall formulate a state water quality plan for all existing and
				  potential sources of drinking water.
Requirements for the plan shall be governed by chapters
					 340E and 342, Hawaii Revised Statutes.
(b) The department of health shall exercise
				  the powers and duties vested in it for the administration of the state's water
				  quality control program as provided by law.
(c) The department of health may ban the
				  importation of any substance which it reasonably believes may present a danger
				  to the water quality of this state.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 5 - WATER QUALITY PLAN › Section 13-170-51 - Exchange of information

Current through June, 2024
(a) The department
				  of health shall submit to the commission such information as the commission
				  shall require as prescribed in its rules, provided it does not jeopardize any
				  pending or ongoing enforcement action.
(b) The commission shall submit to the
				  department of health such information as the department shall require, for the
				  performance of its water quality functions.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 5 - WATER QUALITY PLAN › Section 13-170-52 - Initiation by department of health

Current through June, 2024
The department of health shall formulate a state water
					 quality plan for all existing and potential sources of drinking water and that
					 plan shall become part of the Hawaii water plan as described in this chapter.
					 Requirements for the plan shall be governed by chapters
					 340E and
					 342, Hawaii Revised Statutes. The
					 state water quality plan shall set forth water quality criteria to be used in
					 designation of water management areas.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 5 - WATER QUALITY PLAN › Section 13-170-53 - Review period

Current through June, 2024
The state water quality plan shall be periodically
					 reviewed and revised by the department of health as needed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 5 - WATER QUALITY PLAN › Section 13-170-54 - Coordination with federal, state and county agencies

Current through June, 2024
(a)
				  In formulating or revising the state water quality plan, the department of
				  health shall consult with and carefully evaluate the recommendations of
				  concerned federal, state, and local agencies, particularly county water supply
				  agencies.
(b) In preparation of the
				  plan, the department of health shall utilize the hydrologic units and the
				  master water resource inventory identified within the water resource protection
				  plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 5 - WATER QUALITY PLAN › Section 13-170-55 - Incorporation of water quality plan

Current through June, 2024
The water quality plan upon its completion shall be
					 submitted to the commission by the department of health for incorporation into
					 the Hawaii water plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 170 - HAWAII WATER PLAN › Subchapter 6 - INTEGRATION OF PLAN ELEMENTS › Section 13-170-60 - Implementing priorities and structure of the Hawaii water plan

Current through June, 2024
(a) Integration of the Hawaii water plan is
				  dependent on the creation of a master water resource inventory, designation of
				  hydrologic units as identified in section 13-170-20, and formulation of water
				  quality criteria as described in section 13-170-52.
(b) The water resource protection plan and
				  the water quality plan shall be created as soon as practicable in order that
				  the state and county may use the information in preparing their respective
				  plans.
(c) The water resource
				  protection plan shall incorporate, where applicable, data contained within the
				  water quality plan for the purpose of protecting, conserving and augmenting the
				  state's water resources.
(d) Both
				  the state water projects plan and each county water use and development plan
				  shall be subject to the water resource protection plan.
(e) The Hawaii water plan shall guide the
				  commission in the designation of water management areas and in the issuance of
				  permits as set forth in chapter
				  174C, HRS.
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 1 - GENERAL PROVISIONS › Section 13-171-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide for the
					 designation and regulation of hydrologic areas where water resources are being
					 threatened by existing or proposed withdrawals or diversions of water, water
					 quality problems, or serious disputes. It shall be the duty of the commission
					 to designate areas for the purpose of establishing administrative control over
					 the withdrawals and diversions of ground and surface water in threatened areas
					 to ensure the most beneficial use, development, or management of the water
					 resources in the interest of the people of the state.
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 13-171-3 - Initiation by chairperson

Current through June, 2024
The designation of a water management area by the
					 commission may be initiated upon recommendation by the chairperson. In addition
					 to this prerogative, it shall be the duty of the chairperson to make the
					 recommendations from time to time when it is desirable or necessary to
					 designate a water management area for the purposes stated in this chapter and
					 there is data for a decision 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 2 - DESIGNATION OF WATER MANAGEMENT AREAS › Section 13-171-4 - Initiation by petition

Current through June, 2024
(a) The designation
				  of a water management area by the commission may also be initiated by any
				  interested person by written petition to the chairperson proposing the
				  designation of a specified area and presenting the reasons for such
				  designation. The petition for designation of a water management area shall be
				  made on forms provided by the commission. It shall be the duty of the
				  chairperson, after consultation with the appropriate county mayor and county
				  water board, to act upon the petition by making a recommendation for or against
				  the proposed designation to the commission within sixty days after receipt of
				  the petition or additional time as may be reasonably necessary to determine
				  whether there is factual data to warrant the proposed designation.
(b) Designated ground water areas established
				  under chapter
				  177, HRS, the Ground Water Use Act,
				  and remaining in effect at the effective date of this chapter shall continue as
				  water management areas.
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 13-171-5 - Notice; public hearing required

Current through June, 2024
(a) When a
				  recommendation for designation of a water management area has been accepted,
				  the commission shall hold a public hearing at a location in the vicinity of the
				  area proposed for designation and publish a notice of the hearing setting
				  forth:
(1) A description of the land area
				  proposed to be designated in terms of appropriate legal subdivisions and tax
				  map keys;
(2) The purpose of the
				  public hearing; and
(3) The time,
				  date, and place of the public hearing where written or oral testimony may be
				  submitted and heard.
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 13-171-6 - Investigations required

Current through June, 2024
(a) Before any
				  proposed water management area is designated by the commission, the chairperson
				  may conduct, cooperate with the appropriate federal or county water agencies to
				  conduct or administer contracts to conduct, any scientific investigation or
				  study deemed necessary for the commission to make a decision whether to
				  designate a water management area.
(b) The chairperson from time to time may
				  also require reports from water users detailing the amount of water being
				  withdrawn and the manner and extent of the beneficial use. The reports shall be
				  made on forms furnished by the commission.