Haw. Code R. § 13-168-6 - Certificate of water use

(a) When a declaration has been filed in accordance with this chapter and the commission has determined that the use declared is a reasonable and beneficial use, the commission shall issue or cause to be issued a certificate describing the use. The certificate shall be deemed to constitute a description of the use declared, but shall not constitute a property right or interest nor a determination that the use declared therein is a legal one. The certificate shall give rise to a rebuttable presumption in favor of the certificate holder that the use declared therein is reasonable and beneficial. Each certificate shall show the amount of water use declared, but such declared use shall be subject to verification and updating before being recognized by the commission in resolving claims relating to existing water rights and uses, including appurtenant rights, riparian and correlative use.

(b) The commission shall hold a hearing upon an appropriate request by any person adversely affected by the certification or the refusal to certify the amount of water being used.

(c) Whenever a certified use of water is terminated, the person with the certificate shall file a report with the commission, providing all information required on forms provided by the commission.

Notes

Haw. Code R. § 13-168-6

[Eff. MAY 27 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 91-2, 174C-27, 174C-60)