Haw. Rev. Stat. § 174C-1
Short title
This chapter shall be known and may be cited as the State Water Code.
Hawaii Revised Statutes Chapter 174C — State Water Code
Hawaii · statute · Haw. Rev. Stat. ch. 174C · 64 active provisions
Provisions
Haw. Rev. Stat. § 174C-2
Declaration of policy
(a) It is recognized that the waters of the State are held for the benefit of the citizens of the State. It is declared that the people of the State are beneficiaries and have a right to have the waters protected for their use. (b) There is a need for a program of comprehensive water resources planning to address the p…
Haw. Rev. Stat. § 174C-3
Definitions
As used in this chapter, unless the context otherwise requires: "Agricultural use" means the use of water for the growing, processing, and treating of crops, livestock, aquatic plants and animals, and ornamental flowers and similar foliage. "Authorized planned use" means the use or projected use of water by a developme…
Haw. Rev. Stat. § 174C-4
Scope
(a) All waters of the State are subject to regulation under the provisions of this chapter unless specifically exempted. No provision of this chapter shall apply to coastal waters. Nothing in this chapter to the contrary shall restrict the planning or zoning power of any county under chapter 46. (b) No state or county…
Haw. Rev. Stat. § 174C-5
General powers and duties
The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission: (1) Shall carry out topographic surveys, research, and investigations into all aspects of water use and water quality; (2) Shall designate water man…
Haw. Rev. Stat. § 174C-5.5
Water resource management fund
(a) There is established in the department a special fund to be designated as the water resource management fund. The fund shall be administered by the commission. The water resource management fund shall be used for the following: (1) Monitoring programs and activities concerning water resource quality, protection, an…
Haw. Rev. Stat. § 174C-6
Deputy to the chairperson of the commission on water resource management
(a) There shall be a first deputy to the chairperson of the commission on water resource management ("deputy for water resource management") who shall be in addition to any other first deputy to the chairperson as the chairperson of the board of land and natural resources. The deputy shall have experience in the area o…
Haw. Rev. Stat. § 174C-7
Commission on water resource management
(a) There is established within the department a commission on water resource management consisting of seven members which shall have exclusive jurisdiction and final authority in all matters relating to implementation and administration of the state water code, except as otherwise specifically provided in this chapter…
Haw. Rev. Stat. § 174C-8
Adoption of rules concerning water resources by the commission
The commission shall adopt and enforce such rules as may be necessary or convenient to administer this chapter. The initial set of rules, subject to later amendment, revisions, or additions, shall be adopted no later than two years after July 1, 1987. Rules shall be adopted in conformity with chapter 91.
Haw. Rev. Stat. § 174C-9
Proceedings before the commission concerning water resources
All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permit or license under this code by the commission, shall be conducted in accordance with chapter 91. Hearings regar…
Haw. Rev. Stat. § 174C-10
Dispute resolution
The commission shall have jurisdiction statewide to hear any dispute regarding water resource protection, water permits, or constitutionally protected water interests, or where there is insufficient water to meet competing needs for water, whether or not the area involved has been designated as a water management area…
Haw. Rev. Stat. § 174C-11
Hearings officers
(a) The chairperson may appoint hearings officers, not subject to chapter 76, to hear and reach a preliminary decision on any matter concerning the implementation or administration of the state water code which the commission may refer to the hearings officers by rule or otherwise. (b) In assigning matters to hearings…
Haw. Rev. Stat. § 174C-12
Judicial review of rules and orders of the commission concerning the water code
Except as otherwise provided in this chapter, judicial review of rules and orders of the commission under this chapter shall be governed by chapter 91. Trial de novo is not allowed on review of commission actions under this chapter.
Haw. Rev. Stat. § 174C-12.5
Contested cases; appeals.]
(a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision an…
Haw. Rev. Stat. § 174C-13
Citizen complaints
The commission shall adopt, pursuant to chapter 91, procedural rules for the processing of citizen complaints including the right of appeal to the commission. If any person files a complaint with the commission that any other person is wasting or polluting water or is making a diversion, withdrawal, impoundment, consum…
Haw. Rev. Stat. § 174C-14
Acquisition of real property
(a) The legislature declares it to be necessary for the public health and welfare that water and water related resources be conserved and protected. The acquisition of real property for this objective shall constitute a public purpose for which public funds may be expended. (b) The commission may acquire real property…
Haw. Rev. Stat. § 174C-15
Penalties and common law remedies
(a) The commission may enforce its rules and orders adopted pursuant to this chapter by suit for injunction or for damages or both. (b) Any person who violates any provision of this chapter, or any rule adopted pursuant to this chapter, may be subject to a fine imposed by the commission. Such fine shall not exceed $5,0…
Haw. Rev. Stat. § 174C-15.5
Administrative violation system
With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the board is authorized to act, to process violations of chapter 174C or any rules adopt…
Haw. Rev. Stat. § 174C-16
Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, this invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 174C-26
Filing of declaration
(a) Any person making a use of water in any area of the State shall file a declaration of the person's use with the commission within one year from the effective date of rules adopted to implement this chapter. (b) When the commission requires filing of declarations by rules, it shall cause public notice of the rule to…
Haw. Rev. Stat. § 174C-27
Issuance of certificate
(a) When a declaration has been filed in accordance with this section and the commission has determined that the use declared is a reasonable, beneficial use, the commission shall issue a certificate describing the use. The certificate shall be deemed to constitute a description of the use declared. With respect to cer…
Haw. Rev. Stat. § 174C-31
Hawaii water plan
(a) The Hawaii water plan shall consist of four parts: (1) A water resource protection plan which shall be prepared by the commission; (2) Water use and development plans for each county which shall be prepared by each separate county and adopted by ordinance, setting forth the allocation of water to land use in that c…
Haw. Rev. Stat. § 174C-32
Coordination
(a) Respective portions of the water resource protection and water quality plans, and the water use and development plans of each county, shall be developed together to achieve maximum coordination. (b) The development of the Hawaii water plan or any portion thereof shall proceed in coordination with and with attention…
Haw. Rev. Stat. § 174C-41
Designation of water management area
(a) When it can be reasonably determined, after conducting scientific investigations and research, that the water resources in an area may be threatened by existing or proposed withdrawals or diversions of water, the commission shall designate the area for the purpose of establishing administrative control over the wit…
Haw. Rev. Stat. § 174C-42
Notice; public hearing required
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 give public notice of the hearing setting forth: (1) A description of the land area proposed to be designated in terms of…
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