§174C-31 - Hawaii water plan.

PART III.
HAWAII WATER PLAN

§174C-31 Hawaii water plan. (a) The
Hawaii water plan shall consist of four parts:

(1) A water resource protection plan which shall be
prepared by the commission;

(2) Water use and development plans for each county
which shall be prepared by each separate county and adopted by ordinance,
setting forth the allocation of water to land use in that county;

(3) A state water projects plan which shall be
prepared by the agency which has jurisdiction over such projects in conjunction
with other state agencies; and

(4) A water quality plan which shall be prepared by
the department of health.

(b) All water use and development plans shall
be prepared in a manner consistent with the following conditions:

(1) Each water use and development plan shall be
consistent with the water resource protection and water quality plans;

(2) Each water use and development plan and the state
water projects plan shall be consistent with the respective county land use
plans and policies including general plan and zoning as determined by each
respective county;

(3) The water use and development plan for each
county shall also be consistent with the state land use classification and
policies;

(4) The cost to develop the initial water use and
development plan for each county shall be funded by the State in an amount not
exceeding $150,000 per county;

(5) The cost of maintaining the water use and
development plan shall be borne by the counties; state water capital
improvement funds appropriated to the counties shall be deemed to satisfy article
VIII, section 5 of the state constitution; and

(6) Each county in order to be eligible for state
appropriations for county water projects must have developed an acceptable
water use and development plan within the time frame established by this
chapter.

(1) Study and inventory the existing water resources
of the State and the means and methods of conserving and augmenting such water
resources;

(2) Review existing and contemplated needs and uses
of water including state and county land use plans and policies and study their
effect on the environment, procreation of fish and wildlife, and water quality;

(3) Study the quantity and quality of water needed
for existing and contemplated uses, including irrigation, power development,
geothermal power, and municipal uses;

(4) Identify rivers or streams, or a portion of a
river or stream, which appropriately may be placed within a wild and scenic
rivers system, to be preserved and protected as part of the public trust. For
the purposes of this paragraph, the term "wild and scenic rivers"
means rivers or streams, or a portion of a river or stream of high natural quality
or that possess significant scenic value, including but not limited to, rivers
or streams which are within the natural area reserves system. The commission
shall report its findings to the legislature twenty days prior to the convening
of each regular legislative session; and

(5) Study such other related matters as drainage,
reclamation, flood hazards, floodplain zoning, dam safety, and selection of
reservoir sites, as they relate to the protection, conservation, quantity, and
quality of water.

(d) The water resource protection plan shall
include, but not be limited to:

(1) Nature and occurrence of water resources in the
State;

(2) Hydrologic units and their characteristics,
including the quantity and quality of available resource, requirements for
beneficial instream uses and environmental protection, desirable uses worthy of
preservation by permit, and undesirable uses for which permits may be denied;

(3) Existing and contemplated uses of water, as
identified in the water use and development plans of the State and the
counties, their impact on the resource, and their consistency with objectives
and policies established in the water resource protection and water quality
plans;

(4) Programs to conserve, augment, and protect the
water resource; and

(5) Other elements necessary or desirable for
inclusion in the plan.

Thereafter, the commission in coordination with
the counties and the department of health shall formulate an integrated
coordinated program for the protection, conservation, and management of the
waters in each county based on the above studies. This program, with such
amendments, supplements, and additions as may be necessary, shall be known as
the water resource protection and water quality plans.

Thereafter, each county shall prepare a water use
and development plan and the appropriate state agency shall prepare the state
water projects plan.

(e) The department of agriculture shall
prepare a state agricultural water use and development plan for agricultural
uses in the State in accordance with chapter 167 and this chapter, and
subsequently modify and update the plan as necessary. The state agricultural
water use and development plan shall include but not be limited to a master
irrigation inventory plan that shall:

(1) Inventory public and private irrigation water
systems;

(2) Identify the extent of rehabilitation needed for
each system;

(3) Identify sources of water used by agricultural
operations and particularly those on lands identified and designated as
important agricultural lands under part III of chapter 205;

(4) Identify current and future water needs for
agricultural operations and particularly those on lands identified and
designated as important agricultural lands under part III of chapter 205;

(5) Subsidize the cost of repair and maintenance of
the systems;

(6) Establish criteria to prioritize the
rehabilitation of the systems;

(7) Develop a five-year program to repair the
systems; and

(8) Set up a long-range plan to manage the systems.

The commission shall coordinate the incorporation of
the state agricultural water use and development plan into the state water
projects plan.

(f) Each county water use and development plan
shall include but not be limited to:

(1) Status of water and related land development,
including an inventory of existing water uses for domestic, municipal, and
industrial users, agriculture, particularly agriculture on lands designated as
important agricultural lands under part III of chapter 205, aquaculture,
hydropower development, drainage, reuse, reclamation, recharge, and resulting
problems and constraints;

(2) Future land uses and related water needs; and

(3) Regional plans for water developments, including
recommended and alternative plans, costs, adequacy of plans, and relationship
to the water resource protection and water quality plans.

(g) The Hawaii water plan shall be directed
toward the achievement of the following objectives:

(1) The attainment of maximum reasonable-beneficial
use of water for such purposes as those referred to in subsection (a);

(2) The proper conservation and development of the
waters of the State;

(3) The control of the waters of the State for such
public purposes as navigation, drainage, sanitation, and flood control;

(4) The attainment of adequate water quality as
expressed in the water resource protection and water quality plans; and

(5) The implementation of the water resources
policies expressed in section 174C-2.

(h) The Hawaii water plan shall divide each
county into sections which shall each conform as nearly as practicable to a
hydrologic unit. The commission shall describe and inventory:

(1) All water resources and systems in each
hydrologic unit;

(2) All presently exercised uses;

(3) The quantity of water not presently used within
that hydrologic unit; and

(4) Potential threats to water resources, both
current and future.

(i) Within each hydrologic unit the commission
shall establish the following:

(1) An instream use and protection program for the
surface watercourses in the area; and

(2) Sustainable yield. The sustainable yield shall
be determined by the commission using the best information available and shall
be reviewed periodically. Where appropriate the sustainable yield may be
determined to reflect seasonal variation.

(j) The commission shall condition permits
under part IV of this chapter in such a manner as to protect instream flows and
maintain sustainable yields of ground water established under this section.

(k) The commission shall give careful
consideration to the requirements of public recreation, the protection of the
environment, and the procreation of fish and wildlife. The commission may
prohibit or restrict other future uses on certain designated streams which may
be inconsistent with these objectives.

(l) The commission may designate certain uses
in connection with a particular source of supply which, because of the nature
of the activity or the amount of water required, would constitute an
undesirable use for which the commission may deny a permit under the provisions
of part IV.

(m) The commission may also designate certain
uses in connection with a particular source of supply which, because of the
nature of the activity or amount of water required, would result in an
enhancement or improvement of the water resources of the area. Such uses shall
be preferred over other uses in any action pursuant to sections 174C-50(h) and
174C-54.

(n) The commission may add to the Hawaii water
plan any other information, directions, or objectives it feels necessary or
desirable for the guidance of the counties in the administration and
enforcement of this chapter.

(o) In formulating or revising the plans, each
county and the commission shall consult with and carefully evaluate the
recommendations of concerned federal, state, and county agencies.

(p) The commission shall not adopt, approve,
or modify any portion of the Hawaii water plan which affects a county or any
portion thereof without first holding a public hearing on the matter on the
island on which the water resources are located. At least ninety days in
advance of such hearing, the commission shall notify the affected county and
shall give notice of such hearing by publication within the affected region and
statewide.

(q) In formulating or revising each county's
water use and development plan, the state water projects plan, the water
resource protection plan and the water quality plan, each county and the
commission shall incorporate the current and foreseeable development and use
needs of the department of Hawaiian home lands for water as provided in section
221 of the Hawaiian Homes Commission Act.

Each county shall update and modify its water
use and development plans as necessary to maintain consistency with its zoning
and land use policies. [L 1987, c 45, pt of §2; am L 1988, c 276, §1; am L
1991, c 325, §6; am L 1998, c 101, §1; am L 1999, c 197, §2; am L 2008, c 233,
§10]

Law Journals and Reviews

Water Regulation, Land Use and the Environment. 30 UH L.
Rev. 49.