CHAPTER 174C

STATE WATER CODE

 

Part I. Administrative Structure

Section

174C-1 Short title

174C-2 Declaration of policy

174C-3 Definitions

174C-4 Scope

174C-5 General powers and duties

174C-5.5 Water resource management fund

174C-6 Deputy to the chairperson of the commission on water

resource management

174C-7 Commission on water resource management

174C-8 Adoption of rules concerning water resources by the

commission

174C-9 Proceedings before the commission concerning water

resources

174C-10 Dispute resolution

174C-11 Hearings officers

174C-12 Judicial review of rules and orders of the

commission concerning the water code

174C-12.5 Contested cases; appeals

174C-13 Citizen complaints

174C-14 Acquisition of real property

174C-15 Penalties and common law remedies

174C-15.5 Administrative violation system

174C-16 Severability

 

Part II. Reports of Water Use

174C-26 Filing of declaration

174C-27 Issuance of certificate

 

Part III. Hawaii Water Plan

174C-31 Hawaii water plan

174C-32 Coordination

 

Part IV. Regulation of Water Use

174C-41 Designation of water management area

174C-42 Notice; public hearing required

174C-43 Investigations required

174C-44 Ground water criteria for designation

174C-45 Surface water criteria for designation

174C-46 Findings of fact; decision of commission

174C-47 Modifying and rescinding designated areas

174C-48 Permits required

174C-49 Conditions for a permit

174C-50 Existing uses

174C-51 Application for a permit

174C-51.5 Dual line water supply systems; installation

in new industrial and commercial developments

located in designated water management areas

174C-52 Notice

174C-53 Permit issuance

174C-54 Competing applications

174C-55 Duration of permits

174C-56 Review of permits

174C-57 Modification of permit terms

174C-58 Revocation of permits

174C-59 Transfer of permit

174C-60 Contested cases

174C-61 Fees

174C-62 Declaration of water shortage

174C-63 Appurtenant rights

 

Part V. Water Quality

174C-66 Jurisdiction over water quality

174C-67 Exchange of information

174C-68 Water quality plan

 

Part VI. Instream Uses of Water

174C-71 Protection of instream uses

 

Part VII. Wells

174C-81 Definitions

174C-82 Powers and duties of the commission

174C-83 Registration of all existing wells

174C-84 Permits for well construction and pump installation

174C-85 Well completion report

174C-86 Well construction and pump installation standards

174C-87 Abandonment of wells

 

Part VIII. Stream Diversion Works

174C-91 Definition

174C-92 Registration of existing stream diversion works

174C-93 Permits for construction or alteration

174C-94 Completion report

174C-95 Abandonment

 

Part IX. Native Hawaiian Water Rights

174C-101 Native Hawaiian water rights

 

Note

 

The acquisition of the Waiahole water system shall not be construed to affect the powers and authority of the commission on water resource management or its powers to modify any water allocations. L 1998, c 111, 15.

Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2022 or until completion. L 2012, c 218; L 2017, c 48.

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, 12.

Standardized water audits of public water systems; reports. L 2016, c 169.

Two-year water security advisory group pilot program to enable public-private partnerships that increase water security; annual report to governor and 2017-2018 legislature (repealed June 30, 2018). L 2016, c 172.

 

Cross References

 

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

Irrigation and water utilization projects, see chapter 168.

Irrigation water development, see chapter 167.

 

Law Journals and Reviews

 

Testing the Current: The Water Code and the Regulation of Hawaii`s Water Resources. 10 UH L. Rev. 205.

Private Hopes and Public Values in the "Reasonable Beneficial Use" of Hawai`i's Water: Is Balance Possible? 18 UH L. Rev. 1.

Cultures In Conflict In Hawai`i: The Law and Politics of Native Hawaiian Water Rights. 18 UH L. Rev. 71.

Proceedings of the 2001 Symposium on Managing Hawai`i's Public Trust Doctrine. 24 UH L. Rev. 21.

Water Regulation, Land Use and the Environment. 30 UH L. Rev. 49.

Where Justice Flows Like Water: The Moon Court's Role in Illuminating Hawai`i Water Law. 33 UH L. Rev. 537 (2011).

 

Case Notes

 

Although the public trust doctrine and the state water code share similar core principles, the code does not supplant the protections of the public trust doctrine. 94 H. 97, 9 P.3d 409.

Despite evidence that permit applicant violated chapter 340E, neither the water code nor the public trust precluded the commission on water resource management from allocating water to applicant to supply water to domestic end users from a delivery system that may not comply with chapter 340E; as this jurisdiction separately regulates water allocation and drinking water standards, and there was no discernable legislative intent to make water use permit applications subject to compliance with chapter 340E, violations of chapter 340E were not germane to a review of the propriety of water allocation under the water code and the public trust. 116 H. 481, 174 P.3d 320.

 

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