§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 certificates for water use, the confirmed usage shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.
(b) The commission shall hold a hearing upon the request of any person adversely affected by the certification or the refusal to certify any water use.
(c) Whenever a certified use of water is terminated, the owner of the certificate shall file a report with the commission, providing all information prescribed in the rules of the commission. [L 1987, c 45, pt of §2]
Case Notes
The rule of correlative rights applies to all ground waters of the State. 94 H. 97, 9 P.3d 409.
Where petitioners did not establish any "existing" correlative uses, under the controlling water code permitting provisions, they had no superior "right" to a permit. 94 H. 97, 9 P.3d 409.
Structure Hawaii Revised Statutes
Title 12. Conservation and Resources
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-12 Judicial review of rules and orders of the commission concerning the water code.
174C-12.5 Contested cases; appeals.
174C-14 Acquisition of real property.
174C-15 Penalties and common law remedies.
174C-15.5 Administrative violation system.
174C-26 Filing of declaration.
174C-27 Issuance of certificate.
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-49 Conditions for a permit.
174C-51 Application for a permit.
174C-54 Competing applications.
174C-57 Modification of permit terms.
174C-58 Revocation of permits.
174C-62 Declaration of water shortage.
174C-66 Jurisdiction over water quality.
174C-67 Exchange of information.
174C-71 Protection of instream uses.
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-92 Registration of existing stream diversion works.