§174C-53 Permit issuance. (a) The commission shall determine, after a hearing, if required, whether the conditions set forth in section 174C-49(a) have been established; provided that the commission may make such determination without a hearing if the quantity of water applied for does not exceed an average amount per month to be established by rule or if the quantity of water applied for exceeds an average amount per month to be established by rule, but no objection to the application is filed by any person having standing to file an objection.
(b) In acting upon any application, the commission need consider only those objections filed by a person who has some property interest in any land within the hydrologic unit from which the water sought by the applicant is to be drawn or who will be directly and immediately affected by the water use proposed in the application. The commission shall adopt rules governing the filing of objections and the persons having standing to file objections.
(c) An application shall be acted upon within ninety calendar days of an application not requiring a hearing, or within one hundred eighty calendar days of an application requiring a hearing. The time periods prescribed in this section shall not be deemed to run for any period in which an application is not complete in all material respects, in the judgment of the commission.
(d) As a condition for the issuance of a permit the commission may require the permittee to install meters, gauges, or other appropriate measuring devices. [L 1987, c 45, pt of §2]
Case Notes
Section allows for the consolidated regulation of a single diversion works such as the Waiahole Ditch System. 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.