Case Notes
A water management area designation may not be challenged in an original action pursuant to §91-7. 83 H. 484, 927 P.2d 1367.
§174C-41 Designation of water management area. (a) When it can be reasonably determined, after conducting scientific investigations and research, that the water resources in an area may be threatened by existing or proposed withdrawals or diversions of water, the commission shall designate the area for the purpose of establishing administrative control over the withdrawals and diversions of ground and surface waters in the area to ensure reasonable-beneficial use of the water resources in the public interest.
(b) The designation of a water management area by the commission may be initiated upon recommendation by the chairperson or by written petition. It shall be the duty of the chairperson to make recommendations when it is desirable or necessary to designate an area and there is factual data for a decision by the commission. The chairperson, after consultation with the appropriate county council, county mayor, and county water board, shall act upon the petition by making a recommendation for or against the proposed designation to the commission within sixty days after receipt of the petition or such additional time as may be reasonably necessary to determine that there is factual data to warrant the proposed designation.
(c) Designated ground water areas established under chapter 177, the Ground-Water Use Act, and remaining in effect on July 1, 1987, shall continue as water management areas. [L 1987, c 45, pt of §2; am L 1999, c 197, §4]
Note
Chapter 177 referred to in text is repealed.
Standardized water audits of public water systems; reports. L 2016, c 169.
Revision Note
"On July 1, 1987" substituted for "at the effective date of this chapter".
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.