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 4-157-3 - General conditions

Current through June, 2024
(a) Upon proper
				application, a prospective consumer whose premises are within the service
				limits established by the board for a specific irrigation system and whose
				premises are adjacent to the distribution main, where pressure conditions
				permit, may obtain irrigation water service; provided that there is a
				sufficient water supply developed to take on new or additional service without
				detriment to those already served, and the consumer agrees to abide by these
				rules.
(b) The water supplied by
				all irrigation systems is intended to be used only for agricultural and
				aquaculture activities, as defined in section
				166-2, Hawaii Revised
				Statutes, and may include livestock watering and pastoral irrigation. Consumers
				may not use water for any other purpose except with the express written consent
				of the board. The board makes no guarantee, warranty, or representation,
				expressed or implied, as to the quality, quantity, flow rate, condition, or
				fitness of the water supplied for any use or purpose.
(c) When an extension of the main is
				necessary or where large quantities of water are required or a substantial
				investment is necessary to provide service, the consumer shall be informed by
				the department as to the conditions and charges to be made for that particular
				area and situation in question before water service may be approved. Before
				water service commences, the consumer and the board shall execute an agreement,
				which will include the specific conditions and charges to be made for that
				particular area. The board shall have the right to refuse service to a consumer
				if an agreement cannot be executed.
(d) All water supplied by the department will
				be measured by means of suitable meters or other means as may be applicable at
				the discretion of the irrigation district manager. The water tolls shall be in
				accordance with the rates established by the board.
The department through the administrator-chief engineer shall
				  determine the location and size of all meters and service connections to the
				  irrigation system. All service connections shall become the property of the
				  department for operation and maintenance after installation and new connections
				  or disconnections may be made thereto by the department at any time.
(e) Where applicable, the total
				cultivatable and pastoral area of the consumer shall be levied an acreage
				assessment in addition to the water delivery charge. The department shall
				determine the area of each consumer's land subject to this assessment. The unit
				of area measured shall be the acre and fractional acres shall be considered to
				be a full acre. Once an area is levied the acreage assessment it may not
				thereafter be withdrawn from this assessment; provided, however, that should
				the consumer lose the right to cultivate a portion of the consumer's acreage,
				except by default for nonpayment of water bills, said acreage may be withdrawn
				from the acreage assessment, with the consent of the board.
(f) To assure the maximum and most efficient
				use of system water available, no one who owns or occupies less than two acres
				of agricultural land within the project suitable for irrigation or livestock
				pasturing or watering will be permitted to become a consumer.
(g) To assure that the irrigation system
				meets its financial obligations, there shall be levied a minimum acreage
				assessment equivalent to two acres for those potential consumers who are land
				occupiers within the boundaries of the irrigation district but do not apply for
				water service connection.
(h) For
				the following irrigation systems, no service connection shall be allowed
				directly from the transmission pipeline prior to the system's reservoir, except
				upon specific written approval by the board: Waimanalo, Kahuku Agricultural
				Park, Molokai, Waimea, and Honokaa-Paauilo. Future irrigation systems that have
				been recognized and established by the board shall be governed under this
				provision unless specifically exempted by the board.
(i) Pastureland designations may only occur
				in the Honokaa-Paauilo irrigation system or where otherwise approved by the
				board. Following approval by the board, pastureland designations for specific
				consumers must be approved by the administrator-chief engineer. Only consumers
				with designated and approved pastureland will be responsible for pastureland
				acreage assessments, fees, and adherence to pastureland rule
				provisions.
(j) These rules shall
				apply to all irrigation systems and districts that are officially recognized
				and established by the board, including Honokaa-Paauilo, Kahuku Agricultural
				Park, Molokai, Waimanalo, and Waimea.