Hawaii Revised Statutes 174c. State Water Code

PART I. ADMINISTRATIVE STRUCTURE

• 174c-1 Short Title.
  This chapter shall be known and may be cited as the State Water Code. [L 1987, c 45, pt of §2]
• 174c-2 Declaration of Policy.
  (a) It is recognized that the waters of the State are held for the benefit of the citizens of the State. It is declared...
• 174c-3 Definitions.
  As used in this chapter, unless the context otherwise requires: "Agricultural use" means the use of water for the growing, processing, and treating of...
• 174c-4 Scope.
  (a) All waters of the State are subject to regulation under the provisions of this chapter unless specifically exempted. No provision of this chapter...
• 174c-5 General Powers and Duties.
  The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and...
• 174c-5.5 Water Resource Management Fund.
  (a) There is established in the department a special fund to be designated as the water resource management fund. The fund shall be administered...
• 174c-6 Deputy to the Chairperson of the Commission on Water Resource Management.
  (a) There shall be a first deputy to the chairperson of the commission on water resource management ("deputy for water resource management") who shall...
• 174c-7 Commission on Water Resource Management.
  (a) There is established within the department a commission on water resource management consisting of seven members which shall have exclusive jurisdiction and final...
• 174c-8 Adoption of Rules Concerning Water Resources by the Commission.
  The commission shall adopt and enforce such rules as may be necessary or convenient to administer this chapter. The initial set of rules, subject...
• 174c-9 Proceedings Before the Commission Concerning Water Resources.
  All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the...
• 174c-10 Dispute Resolution.
  The commission shall have jurisdiction statewide to hear any dispute regarding water resource protection, water permits, or constitutionally protected water interests, or where there...
• 174c-11 Hearings Officers.
  (a) The chairperson may appoint hearings officers, not subject to chapter 76, to hear and reach a preliminary decision on any matter concerning the...
• 174c-12 Judicial Review of Rules and Orders of the Commission Concerning the Water Code.
  Judicial review of rules and orders of the commission under this chapter shall be governed by chapter 91. Trial de novo is not allowed...
• 174c-13 Citizen Complaints.
  The commission shall adopt, pursuant to chapter 91, procedural rules for the processing of citizen complaints including the right of appeal to the commission....
• 174c-14 Acquisition of Real Property.
  (a) The legislature declares it to be necessary for the public health and welfare that water and water related resources be conserved and protected....
• 174c-15 Penalties and Common Law Remedies.
  (a) The commission may enforce its rules and orders adopted pursuant to this chapter by suit for injunction or for damages or both. (b)...
• 174c-15.5 Administrative Violation System.
  With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of...
• 174c-16 Severability.
  If any provision of this chapter or the application thereof to any person or circumstance is held invalid, this invalidity does not affect other...

PART II. REPORTS OF WATER USE

• 174c-26 Filing of Declaration.
  (a) Any person making a use of water in any area of the State shall file a declaration of the person's use with the...
• 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,...

PART III. HAWAII WATER PLAN

• 174c-31 Hawaii Water Plan.
  (a) The Hawaii water plan shall consist of four parts: (1) A water resource protection plan which shall be prepared by the commission; (2)...
• 174c-32 Coordination.
  (a) Respective portions of the water resource protection and water quality plans, and the water use and development plans of each county, shall be...

PART IV. REGULATION OF WATER USE

• 174c-41 Designation of Water Management Area.
  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...
• 174c-42 Notice; Public Hearing Required.
  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-42 Notice;...
• 174c-43 Investigations Required.
  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-43 Investigations...
• 174c-44 Ground Water Criteria for Designation.
  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-44 Ground...
• 174c-45 Surface Water Criteria for Designation.
  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-45] Surface...
• 174c-46 Findings of Fact; Decision of Commission.
  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-46 Findings...
• 174c-47 Modifying and Rescinding Designated Areas.
  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-47] Modifying...
• 174c-48 Permits Required.
  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-48] Permits...
• 174c-49 Conditions for a Permit.
  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-49 Conditions...
• 174c-50 Existing Uses.
  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-50 Existing...
• 174c-51 Application for a Permit.
  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-51] Application...
• 174c-51.5 Dual Line Water Supply Systems; Installation in New Industrial and Commercial Developments Located in Designated Water Management Areas.
  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-51.5] Dual...
• 174c-52 Notice.
  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-52] Notice....
• 174c-53 Permit Issuance.
  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-53] Permit...
• 174c-54 Competing Applications.
  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-54] Competing...
• 174c-55 Duration of Permits.
  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-55] Duration...
• 174c-56 Review of Permits.
  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-56] Review...
• 174c-57 Modification of Permit Terms.
  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-57] Modification...
• 174c-58 Revocation of Permits.
  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-58] Revocation...
• 174c-59 Transfer of Permit.
  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-59 Transfer...
• 174c-60 Contested Cases.
  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-60] Contested...
• 174c-61 Fees.
  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-61] Fees....
• 174c-62 Declaration of Water Shortage.
  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-62] Declaration...
• 174c-63 Appurtenant Rights.
  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-63] Appurtenant...

PART V. WATER QUALITY

• 174c-66 Jurisdiction Over Water Quality.
  The department of health shall exercise the powers and duties vested in it for the administration of the State's water quality control program as...
• 174c-67 Exchange of Information.
  (a) The department of health shall submit to the commission such information as the commission shall require as prescribed in its rules, provided it...
• 174c-68 Water Quality Plan.
  (a) The department of health shall formulate a state water quality plan for all existing and potential sources of drinking water and that plan...

PART VI. INSTREAM USES OF WATER

• 174c-71 Protection of Instream Uses.
  The commission shall establish and administer a statewide instream use protection program. In carrying out this part, the commission shall cooperate with the United...

PART VII. WELLS

• 174c-81 Definitions.
  As used in this part, unless the context otherwise requires, the terms: "Abandoned well" means any well that has been permanently discontinued. Any well...
• 174c-82 Powers and Duties of the Commission.
  In addition to its other powers and duties, the commission shall: (1) Require registration of all existing wells, as provided in section 174C-83; (2)...
• 174c-83 Registration of All Existing Wells.
  Any person owning or operating any well shall register the well with the commission. Registration shall be on the forms provided by the commission....
• 174c-84 Permits for Well Construction and Pump Installation.
  (a) No well construction and no installation of pumps and pumping equipment shall commence without appropriate permit from the commission. An application for a...
• 174c-85 Well Completion Report.
  Within thirty days after the completion of the well, the well driller and pump installation contractor shall file with the commission a written report...
• 174c-86 Well Construction and Pump Installation Standards.
  (a) The commission shall adopt minimum standards for the construction of wells and the installation of pumps and pumping equipment. The standards shall be...
• 174c-87 Abandonment of Wells.
  When a well is abandoned, the owner shall fill and seal the well in a manner approved by the commission. Before abandonment, the owner...

PART VIII. STREAM DIVERSION WORKS

• 174c-91 Definition.
  In this part: "Stream diversion works" means any artificial or natural structure emplaced within the stream for the purpose of diverting stream water. [L...
• 174c-92 Registration of Existing Stream Diversion Works.
  Any person owning or operating a stream diversion works within or outside of a water management area shall register such work with the commission....
• 174c-93 Permits for Construction or Alteration.
  No person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a permit from...
• 174c-94 Completion Report.
  Within thirty days after the completion of construction or alteration of any stream diversion work, the permittee shall file a written statement of completion...
• 174c-95 Abandonment.
  Any owner of any stream diversion work wishing to abandon or remove such work shall first obtain a permit to do so from the...

PART IX. NATIVE HAWAIIAN WATER RIGHTS

• 174c-101 Native Hawaiian Water Rights.
  (a) Provisions of this chapter shall not be construed to amend or modify rights or entitlements to water as provided for by the Hawaiian...

Last modified: October 27, 2016