2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
174. Water and Land Development
§174-6 Further powers.

§174-6 Further powers. (a) The board of land and natural resources shall also have power:

(1) To establish the total amount of acreage assessments to be levied annually within each project;

(2) To set and from time to time revise tolls which it shall charge for the water provided by its facilities, subject to the rate policies established hereunder; to establish priorities between the several lands included in a project according to the use to which the lands are put or other reasonable basis for classification; to govern the furnishing of water in the event of a shortage of supply and to correlate water tolls with such priorities;

(3) To charge and collect such tolls, fees, and other charges established in connection herewith;

(4) To sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein, to any person, firm, corporation, or government, except as prohibited by the laws of the State;

(5) To hold, clear, and improve property;

(6) To borrow money for any of the purposes hereunder;

(7) To insure or provide for the insurance of the property or operations of the board against such risks as the board may deem advisable;

(8) To include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.

The board shall also have the power to enter into any repayment or other contracts with the United States for the construction, operation, and maintenance of any projects as may be required or provided for by the federal reclamation laws, or acts amendatory thereof or supplementary thereto, or other federal laws, and further to borrow money or accept grants or assistance from the federal government, or any department, bureau, or agency thereof with respect to the engineering, construction, operation, and financing of any project hereunder. The board shall make every effort to obtain all federal aid possible for the purposes of this chapter.

(b) In making surveys, studies, and investigations, in planning and designing, and in constructing projects and facilities for economic development, the board shall also have power to include therein surveys, studies, and investigations of, plans and designs for and construction of facilities for flood control and the utilization of water for the production of hydroelectric power, where the same may be practicable in conjunction with the formation and operation of a project or projects. [L 1961, c 166, pt of §3; Supp, pt of §86-5; HRS §174-6; am L 1987, c 306, §7]

Case Notes

Board's powers generally and under Small Reclamation Project Act of 1956. 506 F.2d 572.