Report Title:

Water Resources

Description:

Amends the state Constitution to specify that the counties have the responsibility of setting overall water conservation, quality, and use policies.

THE SENATE

S.B. NO.

417

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WATER RESOURCES.

 

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

SECTION 1. The legislature finds that the responsibility for protecting, conserving, establishing use priorities for, and regulating the water resources of each county rests most appropriately with each county. The elimination of the duplication of water services will lead to a more streamlined, cost-effective government and will allow each county to more efficiently serve their residents' water needs. The purpose of this Act is to amend Article XI, section 7, of the Constitution of the State of Hawaii to make each county responsible for:

(1) Setting overall water conservation, quality and use policies;

(2) Defining beneficial and reasonable uses;

(3) Protecting ground and surface water resources, watersheds and natural stream environments;

(4) Establishing criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses; and

(5) Establishing procedures for regulating all uses of water resources within its boundaries, through its own water resources agency.

SECTION 2. The Constitution of the State of Hawaii is amended by amending Article XI, Section 7, to read as follows:

"WATER RESOURCES

Section 7. The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people.

[The legislature] Each political subdivision shall provide for [a] its own water resources agency which, as provided by law, shall set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all uses of [Hawaii's] water resources[.] within its boundaries. This section shall not limit the power of the legislature to enact laws of statewide concern."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall each county be responsible for:

(1) Setting overall water conservation, quality and use policies;

(2) Defining beneficial and reasonable uses;

(3) Protecting ground and surface water resources, watersheds and natural stream environments;

(4) Establishing criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses; and

(5) Establishing procedures for regulating all uses of water resources within its boundaries,

through its own water resources agency?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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