Haw. Code R. § 4-157-3 - General conditions
(a) Upon proper
application, a prospective consumer whose premises are within the service
limits established by the board for a specific irrigation system and whose
premises are adjacent to the distribution main, where pressure conditions
permit, may obtain irrigation water service; provided that there is a
sufficient water supply developed to take on new or additional service without
detriment to those already served, and the consumer agrees to abide by these
rules.
(b) The water supplied by
all irrigation systems is intended to be used only for agricultural and
aquaculture activities, as defined in section
166-2, Hawaii Revised
Statutes, and may include livestock watering and pastoral irrigation. Consumers
may not use water for any other purpose except with the express written consent
of the board. The board makes no guarantee, warranty, or representation,
expressed or implied, as to the quality, quantity, flow rate, condition, or
fitness of the water supplied for any use or purpose.
(c) When an extension of the main is
necessary or where large quantities of water are required or a substantial
investment is necessary to provide service, the consumer shall be informed by
the department as to the conditions and charges to be made for that particular
area and situation in question before water service may be approved. Before
water service commences, the consumer and the board shall execute an agreement,
which will include the specific conditions and charges to be made for that
particular area. The board shall have the right to refuse service to a consumer
if an agreement cannot be executed.
(d) All water supplied by the department will
be measured by means of suitable meters or other means as may be applicable at
the discretion of the irrigation district manager. The water tolls shall be in
accordance with the rates established by the board.
The department through the administrator-chief engineer shall determine the location and size of all meters and service connections to the irrigation system. All service connections shall become the property of the department for operation and maintenance after installation and new connections or disconnections may be made thereto by the department at any time.
(e) Where applicable, the total
cultivatable and pastoral area of the consumer shall be levied an acreage
assessment in addition to the water delivery charge. The department shall
determine the area of each consumer's land subject to this assessment. The unit
of area measured shall be the acre and fractional acres shall be considered to
be a full acre. Once an area is levied the acreage assessment it may not
thereafter be withdrawn from this assessment; provided, however, that should
the consumer lose the right to cultivate a portion of the consumer's acreage,
except by default for nonpayment of water bills, said acreage may be withdrawn
from the acreage assessment, with the consent of the board.
(f) To assure the maximum and most efficient
use of system water available, no one who owns or occupies less than two acres
of agricultural land within the project suitable for irrigation or livestock
pasturing or watering will be permitted to become a consumer.
(g) To assure that the irrigation system
meets its financial obligations, there shall be levied a minimum acreage
assessment equivalent to two acres for those potential consumers who are land
occupiers within the boundaries of the irrigation district but do not apply for
water service connection.
(h) For
the following irrigation systems, no service connection shall be allowed
directly from the transmission pipeline prior to the system's reservoir, except
upon specific written approval by the board: Waimanalo, Kahuku Agricultural
Park, Molokai, Waimea, and Honokaa-Paauilo. Future irrigation systems that have
been recognized and established by the board shall be governed under this
provision unless specifically exempted by the board.
(i) Pastureland designations may only occur
in the Honokaa-Paauilo irrigation system or where otherwise approved by the
board. Following approval by the board, pastureland designations for specific
consumers must be approved by the administrator-chief engineer. Only consumers
with designated and approved pastureland will be responsible for pastureland
acreage assessments, fees, and adherence to pastureland rule
provisions.
(j) These rules shall
apply to all irrigation systems and districts that are officially recognized
and established by the board, including Honokaa-Paauilo, Kahuku Agricultural
Park, Molokai, Waimanalo, and Waimea.
Notes
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