Haw. Code R. § 13-167-3 - 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 duties, the commission:
(1)
Shall carry out topographic surveys, research, and investigations into all
aspects of water use and water quality.
(2) Shall designate water management areas
for regulation under chapter 13-171, where the commission, after the research
and investigations mentioned in paragraph (1), has consulted with the
appropriate county council and county water agency, and after public hearing
and published notice, finds that the water resources of the areas are being
threatened by existing or proposed withdrawals of water.
(3) May designate water management areas
without the need to conduct scientific investigation or research in any area in
which serious disputes respecting the use of ground or surface water resources
are occurring.
(4) May take
jurisdiction of and resolve any disputes regarding water resource protection,
water permits, or constitutionally protected water interests or where there is
insufficient water to meet competing needs, whether or not the area involved
has been designated a water management area.
(5) May conduct hearings, issue declaratory
or adjudicatory rulings and orders, fashion conditions, limitations, and
remedies, and otherwise exercise such other powers as may be necessary and
proper in aid of its jurisdiction consistent with law.
(6) May issue water use permits with
conditions and limitations as may be necessary for the fair and rational
management of Hawaii's water resources including but not limited to permits
allowing uses of water, the common law of the state to the contrary
notwithstanding.
(7) May declare
water shortages and exercise the reasonable powers including the issuance of
orders or the imposition of conditions or limitations necessary to protect the
public health, safety, and welfare, or the health of animals, fish, or aquatic
life, or a public water supply, or recreational, municipal, agricultural, or
other reasonable uses.
(8) Shall
establish an instream use protection program designed to protect, enhance, and
reestablish, where practicable, beneficial instream uses of water in the
state.
(9) May contract and
cooperate with the various agencies of the federal government and with state
and local administrative and governmental agencies or private
persons.
(10) May enter, after
obtaining the consent of the property owner, at all reasonable times upon any
property other than dwelling places for the purposes of conducting
investigations and studies, or enforcing any of the provisions of this code,
being liable, however, for actual damage done. If consent cannot be obtained,
reasonable notice shall be given prior to entry.
(11) Shall cooperate with federal agencies,
other state agencies, county or other local governmental organizations, and all
other public and private agencies created for the purpose of utilizing and
conserving the waters of the state, and assist such organizations and agencies
in coordinating the use of their facilities and participate in the exchange of
ideas, knowledge, and data with such organizations and agencies. For this
purpose the commission shall maintain an advisory staff of experts.
(12) Shall prepare, publish, and issue such
printed pamphlets and bulletins as the commission deems necessary for the
dissemination of information to the public concerning its activities.
(13) May appoint and remove agents and
employees including hearing officers, specialists, and consultants necessary to
carry out the purposes of this chapter without regard to the requirements of
chapters 76 and 77 and section
78-1,
HRS.
(14) May acquire, lease, and
dispose of such real and personal property as may be necessary in the
performance of its functions, including the acquisition of real property for
the purpose of conserving and protecting water and water related resources as
provided in 13-167-33.
(15) Shall
identify, by continuing study, those areas of the state where salt water
intrusion is a threat to fresh water resources and report its findings to the
appropriate county mayor and council and the public.
(16) Shall provide such coordination,
cooperation, or approval necessary for the effectuation of any plan or project
of the federal government in connection with or concerning the waters of the
state. The commission shall approve or disapprove such federal plans or
projects on behalf of the state. No other agency or department of the state
shall assume the duties delegated to the commission under this paragraph,
except that the department of health shall continue to exercise such powers
vested in it with respect to water quality, and except that the department of
business and economic development shall continue to carry out its duties and
responsibilities under chapter 205A, HRS.
(17) Plan and coordinate programs for the
development, conservation, protection, control, and regulation of water
resources based upon the best available information, and in cooperation with
federal agencies, other state agencies, county or other local governmental
organizations, and other public and private agencies created for the
utilization and conservation of water.
(18) Shall catalog and maintain an inventory
of all water uses and water resources.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.