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HOUSE OF REPRESENTATIVES

H.B. NO.

1109

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE DELEGATION OF ALLOCATION AUTHORITY UNDER THE STATE WATER CODE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the board of agriculture’s authority over irrigation water under the state water code should be comparable to the authority exercised by the county water agencies over water for municipal purposes. Since both systems provide for the public’s health and welfare, both systems should stand on equal footing with one another. The purpose of this Act is to provide the board of agriculture with the same authority over the water it purveys as does the county water agencies over the water that it purveys.

SECTION 2. Section 174C-48, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In its regulation of water resources in designated water management areas, the commission shall delegate to the [county boards of water supply]:

(1) County water agencies the authority to allocate the use of water for municipal purposes, subject to the limits of water supply allocated to the county [boards of water supply] water agencies in their role as water purveyors [.];

(2) Board of agriculture the authority to allocate the use of water for agricultural irrigation purposes subject to the limits of water supply allocated to the board of agriculture in its role as irrigation water purveyors under chapters 167 and 168."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval. The Act shall be applied prospectively only and shall not be construed to invalidate or authorize the board of agriculture to amend or alter, the allocations made by the commission prior to the effective date of this Act.

INTRODUCED BY:

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By Request