HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO WATER RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-58, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Disposition of water rights may be made by
lease at public auction as provided in this chapter or by permit for temporary
use on a month-to-month basis under those conditions [
will best serve the interests of the State and subject to a maximum term of one
year and other restrictions under the law; provided that:
(1) Where an
application has been made for a lease under this section to continue a
previously authorized disposition of water rights, a holdover may be authorized
annually until the pending application for the disposition of water rights is
finally resolved [
or for a total of three consecutive one-year holdovers,
whichever occurs sooner; provided that the total period of the holdover for any
applicant shall not exceed three years]; provided [ further] that the
annual authorization finds that the holdover is consistent with the
public trust doctrine[ ;] and the lease continues to be actively
(2) If a contested case pursuant to chapter 91 is requested on a one-year holdover, the resulting proceedings shall be expedited and, any provision of law to the contrary notwithstanding, the holdover shall be continued without action by the board pending the completion of the proceedings;
Any disposition by lease shall be subject to disapproval by the
legislature by two-thirds vote of either the senate or the house of
representatives or by majority vote of both in any regular or special session
next following the date of disposition; and
After a certain land or water use has been authorized by the
board subsequent to public hearings and conservation district use application
and environmental impact statement approvals, water used in nonpolluting ways,
for nonconsumptive purposes because it is returned to the same stream or other
body of water from which it was drawn, and essentially not affecting the volume
and quality of water or biota in the stream or other body of water, may also be
leased by the board with the prior approval of the governor and the prior
authorization of the legislature by concurrent resolution."
SECTION 2. The department of land and natural resources shall prepare and submit an annual report to legislature no later than twenty days before the convening of each regular session of the legislature. The report shall include:
(1) The status of applications to continue previously-authorized dispositions of water rights;
(2) Actions taken on the applications during the immediately preceding fiscal period; and
(3) Any relevant recommendations for legislative action or appropriation of funding.
SECTION 3. Act 126, Session Laws of Hawaii 2016, is amended by amending section 4 to read as follows:
"SECTION 4. This Act shall take effect upon its approval,
and shall apply to applications for a lease to continue a previously authorized
disposition of water rights that are pending before the board of land and
natural resources on the effective date of this Act or filed with the board of
land and natural resources on or after the effective date of this Act[
prior to June 30, 2019; provided that: (1) This Act shall
be repealed on June 30, 2019, and section 171-58(c), Hawaii Revised Statutes,
shall be reenacted in the form in which it read on the day prior to the
effective date of this Act; and (2) A any holdovers
first applied for under this Act prior to June 30, 2019, may be reauthorized,
as provided in section 1 of this Act, beyond June 30, 2019]."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 29, 2019; provided that this Act shall apply to applications for a lease to continue a previously authorized disposition of water rights that are pending before the board of land and natural resources on the effective date of this Act or filed with the board of land and natural resources on or after the effective date of this Act.
Department of Land and Natural Resources; Water Rights; Contested Care Hearings; Extension; Holdover
Allows holdovers of revocable water permits to continue until the pending application for a lease is resolved. Requires prompt execution of contested case proceedings for 1-year holdovers. Allows holdovers to continue pending completion of contested case proceedings. Removes repeal and reenactment provisions relating to section 171-58(c), Hawaii Revised Statutes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.