PART II. REPORTS OF WATER USE

 

§174C-26  Filing of declaration.  (a) Any person making a use of water in any area of the State shall file adeclaration of the person's use with the commission within one year from theeffective date of rules adopted to implement this chapter.

(b)  When the commission requires filing ofdeclarations by rules, it shall cause public notice of the rule to be givenstatewide for filings in the city and county of Honolulu and areawide orcountywide and statewide for filings in counties other than the city and countyof Honolulu.  The commission shall also cause notice of the rules to be givenby mail to any person required to file of whom the commission has or couldreadily obtain knowledge or who has requested mailed notice to be given whenthe commission adopts rules requiring the filing of declarations.

(c)  The declarations shall be in such form andcontain such information as the commission by rule prescribes, including thequantity of water used, the purpose or manner of the use, the time of takingthe water, and the point of withdrawal or diversion of the water.  Eachdeclaration shall contain a statement, signed and sworn to by the personrequired to file the declaration, or by some other person duly authorized inthe person's behalf, to the effect that the contents thereof are true to thebest of the person's knowledge and belief.

(d)  If no declaration is filed, thecommission, in its discretion, may conclusively determine the extent of theuses required of declaration.

(e)  The commission shall act upon adeclaration within six months after its filing. [L 1987, c 45, pt of §2; am L1998, c 2, §42]