Haw. Code R. § 13-168-32 - Stream diversion permits

(a) No person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a stream diversion permit from the commission. The commission may impose such reasonable conditions as are necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the general plan and land use policies of the state and the affected county. An application for a stream diversion permit shall be accompanied by a non-refundable filing fee of $25.00, excepting government agencies, and shall be required for all areas of the state including water management areas. The owner of the stream diversion works shall make application or cause an application to be made.

(b) Each application for a stream diversion permit shall be made on forms provided by the commission and shall contain the following:

(1) Name and address of the applicant;

(2) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land;

(3) Location of the works;

(4) Engineering drawings showing the detailed plans of construction;

(5) Detailed specifications of construction;

(6) Name and address of the person who prepared the plans and specifications for construction;

(7) Name and address of the person who will construct the proposed work;

(8) General purpose of the proposed works; and

(9) Such other information as the commission may require.

(c) The commission may issue or cause to be issued a stream diversion permit if the proposed construction complies with all applicable laws, rules, and standards. The commission shall approve or disapprove an acceptably completed application within ninety calendar days of receipt by the commission. The commission may approve in whole, approve in part, approve with modifications, or disapprove an application for a stream diversion permit.

(d) In reviewing an application for a permit, the commission shall cooperate with persons having direct interest in the stream diversion works and be guided by the following general considerations:

(1) The quantity and quality of the stream water or the stream ecology shall not be adversely affected.

(2) Where instream flow standards or interim instream flow standards have been established pursuant to chapter 13-169, no permit should be granted for any diversion works which diminishes the quantity or quality of stream water below the minimum established to support identified instream uses, as expressed in the standards.

(3) The proposed diversion works shall not interfere substantially and materially with existing instream or noninstream uses or with diversion works previously permitted.

(e) Notwithstanding subparagraph (d) above, the commission may approve a permit pursuant to subparagraph (c) above, in those situations where it is clear that the best interest of the public will be served, as determined by the commission.

(f) Every permit approved and issued by the commission shall be for a specified period, not to exceed two years, unless otherwise specified in the permit.

(g) Every permit approved and issued by the commission shall contain the commencement and completion dates for the permitted activity. In determining the commencement and completion dates of the activity, the commission shall take into consideration the:

(1) Cost and magnitude of the project;

(2) Engineering and physical features involved;

(3) Existing conditions; and

(4) Public interests affected.

(h) The commission may extend the completion dates of the activity prescribed in any permit upon a showing of good cause and good-faith performance.

(i) If the commencement or completion date is not complied with, the commission shall notify the permittee by certified mail that the permit shall be revoked within sixty days unless the permittee can show good cause that it should not be revoked.

(j) A permit may be revoked in whole or in part for any:

(1) Material false statement in the application or in any report or statement of fact required pursuant to this chapter;

(2) Violation of this chapter relative to the permit; or

(3) Violation of the conditions of the permit.

(k) In any proceeding to revoke a permit in whole or in part, the commission shall give written notice to the permit holder the facts or conditions which warranted the action and provide the permit holder the opportunity for a hearing.

Notes

Haw. Code R. § 13-168-32

[Eff. MAY 27 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 174C-5, 174C-71, 174C-93)