[§174C-27]  Issuance of certificate. (a)  When a declaration has been filed in accordance with this section and thecommission has determined that the use declared is a reasonable, beneficialuse, the commission shall issue a certificate describing the use.  Thecertificate shall be deemed to constitute a description of the use declared. With respect to certificates for water use, the confirmed usage shall berecognized by the commission in resolving claims relating to existing waterrights and uses including appurtenant rights, riparian and correlative use.

(b)  The commission shall hold a hearing uponthe request of any person adversely affected by the certification or therefusal to certify any water use.

(c)  Whenever a certified use of water is terminated,the owner of the certificate shall file a report with the commission, providingall information prescribed in the rules of the commission. [L 1987, c 45, pt of§2]

 

Case Notes

 

  The rule of correlative rights applies to all ground watersof the State.  94 H. 97, 9 P.3d 409.

  Where petitioners did not establish any "existing"correlative uses, under the controlling water code permitting provisions, theyhad no superior "right" to a permit. 94 H. 97, 9 P.3d 409.