[§167-12]  Lands included within irrigationprojects.  Except as otherwise expressly permitted in the chapter, lands tobe included within an irrigation project shall be only those used or to be usedin farming.  The number of acres of agricultural and pasture land of each landoccupier within the project shall be determined by the board of agriculture andshall not be increased or decreased, nor shall any such land included within aproject thereafter be withdrawn, after final determination to construct theproject, except in the manner and with the limitations specified in thischapter by redefining the boundaries of a project.  The project shall includeonly such lands as can be adequately irrigated by the quantity of water andfacilities to be provided under normal conditions of supply.  No land which atthe time of formation of the project is irrigated, or is devoted to thecultivation for commercial purposes of sugar, pineapples, coffee, bananas,citrus, papayas, or macadamia nuts, or other horticultural crops, whether ornot the land so devoted is irrigated, or is being devoted to an industrial ortownsite or other use of greater economic value than agriculture shall beincluded in the project if the owner of the land (or the land occupier thereofif other than the owner, in the event that the land occupier is legallychargeable with the acreage assessments) shall object in writing to theinclusion.  The foregoing provisions of this paragraph shall be applicable toall irrigation projects.

Notwithstanding the limitation expressed in theforegoing paragraph, lands of the State used by the University of Hawaii forexperimental farms may be included in irrigation projects, provided the boardof regents undertakes the payment of water tolls and acreage assessments andfor the purposes of the inclusion the University of Hawaii shall be deemed aland occupier within the meaning of this chapter.  Lands within the farms shallbe assessed accordingly as the same are of the character of agricultural orpasture lands, as defined in this chapter, although they are used forexperimental purposes.  The assessments shall not, however, become a lien uponthe lands. [L 1987, c 306, pt of §1]