2021 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-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-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.
N Mo`o o Ko`olau: The Water Guardians of Ko`olau Weaving and Wielding Collective Memory in the War for East Maui Water. 41 UH L. Rev. 189 (2018).
Case Notes
Although the public trust doctrine and the state water code share similar core principles, the code does not supplant the protections of the public trust doctrine. 94 H. 97, 9 P.3d 409.
Despite evidence that permit applicant violated chapter 340E, neither the water code nor the public trust precluded the commission on water resource management from allocating water to applicant to supply water to domestic end users from a delivery system that may not comply with chapter 340E; as this jurisdiction separately regulates water allocation and drinking water standards, and there was no discernable legislative intent to make water use permit applications subject to compliance with chapter 340E, violations of chapter 340E were not germane to a review of the propriety of water allocation under the water code and the public trust. 116 H. 481, 174 P.3d 320.
