§174C-59 Transfer of permit. A permit may be transferred, in whole or in part, from the permittee to another, if:
(1) The conditions of use of the permit, including, but not limited to, place, quantity, and purpose of the use, remain the same; and
(2) The commission is informed of the transfer within ninety days.
Failure to inform the commission of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer which involves a change in any condition of the permit, including a change in use covered in section 174C-57, is also invalid and constitutes a ground for revocation. [L 1987, c 45, pt of §2; am L 1999, c 197, §9]
Case Notes
Where conditions of the permit remained unchanged upon transfer and the parties notified the commission of the transfer, the parties complied with the plain language of this section and, thus, the transfer was valid. 105 H. 1, 93 P.3d 643.
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.