Haw. Code R. § 13-171-20 - Water use permit issuance

(a) After a notice of permit application for an existing use has been published as provided in section 13-171-17, the commission shall issue an interim permit for the continuation of an existing use in effect on July 1, 1987, if the criteria set forth in section 13-171-14 are met and the existing use is reasonable and beneficial.

(b) The commission shall also issue an interim permit for an estimated, initial allocation of water if the quantity of water consumed under the existing use is not immediately verifiable, but the existing use otherwise meets the conditions of this chapter for an interim permit or permanent permit. An interim permit is valid for such time period specified therein. The commission may issue successive interim permits of limited duration. Interim permits are subject to revocation under section 13-171-24. Whenever interim permits are to be issued, the time periods specified in section 13-171-19 apply to the issuance or nonissuance of interim permits.

(c) A permanent permit to continue an existing use shall be issued by the commission for a quantity of water not exceeding that quantity being consumed under the existing use interim permit. The quantity being consumed shall be determined and verified by the best available means not unduly burdensome on the applicant, as determined by the commission.

(d) The commission may prescribe the installation of metering or gauging devices, and, if so prescribed, such metering or gauging devices shall be in place and operational for at least one year before a determination is made as to the quantity of water being consumed in an existing use and whether a permanent permit is issued.

(e) The commission shall condition permits under this chapter in such a manner as to protect instream flows and maintain sustainable yields of ground water established under the Hawaii Water Plan.

Notes

Haw. Code R. § 13-171-20

[Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 174C-5, 174C-50, 174C-53, 174C-71)