Hawaii Revised Statutes
174C. State Water Code
174C-60 Contested cases.

§174C-60 Contested cases. Chapter 91 shall apply except where it conflicts with this chapter. In such a case, this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case hearing under this section shall be appealed upon the record directly to the supreme court for final decision. [L 1987, c 45, pt of §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
Cross References
Contested cases; appeals, see §174C-12.5.
Case Notes
A water management area designation is not the product of a contested case hearing, under chapter 91, from which a direct appeal to the supreme court may be brought under this section. 83 H. 484, 927 P.2d 1367.
This section is inconsistent with and cannot stand together with § §602-5 and 602-57, as amended by Act 202, L 2004, and was deemed amended by implication, effective July 1, 2006, to authorize appeals from the water commission to the intermediate appellate court, not to the supreme court. 113 H. 52, 147 P.3d 836.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 12. Conservation and Resources

174C. State Water Code

174C-1 Short title.

174C-2 Declaration of policy.

174C-3 Definitions.

174C-4 Scope.

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-10 Dispute resolution.

174C-11 Hearings officers.

174C-12 Judicial review of rules and orders of the commission concerning the water code.

174C-12.5 Contested cases; appeals.

174C-13 Citizen complaints.

174C-14 Acquisition of real property.

174C-15 Penalties and common law remedies.

174C-15.5 Administrative violation system.

174C-16 Severability.

174C-26 Filing of declaration.

174C-27 Issuance of certificate.

174C-31 Hawaii water plan.

174C-32 Coordination.

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-48 Permits required.

174C-49 Conditions for a permit.

174C-50 Existing uses.

174C-51 Application for a permit.

174C-51.5 Dual line water supply systems; installation in new industrial and commercial developments located in designated water management areas.

174C-52 Notice.

174C-53 Permit issuance.

174C-54 Competing applications.

174C-55 Duration of permits.

174C-56 Review of permits.

174C-57 Modification of permit terms.

174C-58 Revocation of permits.

174C-59 Transfer of permit.

174C-60 Contested cases.

174C-61 Fees.

174C-62 Declaration of water shortage.

174C-63 Appurtenant rights.

174C-66 Jurisdiction over water quality.

174C-67 Exchange of information.

174C-68 Water quality plan.

174C-71 Protection of instream uses.

174C-81 Definitions.

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-87 Abandonment of wells.

174C-91 Definition.

174C-92 Registration of existing stream diversion works.

174C-93 Permits for construction or alteration.

174C-94 Completion report.

174C-95 Abandonment.

174C-101 Native Hawaiian water rights.