PART III. HAWAII WATER PLAN

 

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

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

(2)  Water use and development plans for each countywhich 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 beprepared by the agency which has jurisdiction over such projects in conjunctionwith other state agencies; and

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

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

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

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

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

(4)  The cost to develop the initial water use anddevelopment plan for each county shall be funded by the State in an amount notexceeding $150,000 per county;

(5)  The cost of maintaining the water use anddevelopment plan shall be borne by the counties; state water capitalimprovement funds appropriated to the counties shall be deemed to satisfy articleVIII, section 5 of the state constitution; and

(6)  Each county in order to be eligible for stateappropriations for county water projects must have developed an acceptablewater use and development plan within the time frame established by thischapter.

(c)  To prepare the water resource protectionand water quality plans, the commission shall:

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

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

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

(4)  Identify rivers or streams, or a portion of ariver or stream, which appropriately may be placed within a wild and scenicrivers system, to be preserved and protected as part of the public trust.  Forthe 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 qualityor that possess significant scenic value, including but not limited to, riversor streams which are within the natural area reserves system.  The commissionshall report its findings to the legislature twenty days prior to the conveningof each regular legislative session; and

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

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

(1)  Nature and occurrence of water resources in theState;

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

(3)  Existing and contemplated uses of water, asidentified in the water use and development plans of the State and thecounties, their impact on the resource, and their consistency with objectivesand policies established in the water resource protection and water qualityplans;

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

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

Thereafter, the commission in coordination withthe counties and the department of health shall formulate an integratedcoordinated program for the protection, conservation, and management of thewaters in each county based on the above studies.  This program, with suchamendments, supplements, and additions as may be necessary, shall be known asthe water resource protection and water quality plans.

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

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

(1)  Inventory public and private irrigation watersystems;

(2)  Identify the extent of rehabilitation needed foreach system;

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

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

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

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

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

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

The commission shall coordinate the incorporation ofthe state agricultural water use and development plan into the state waterprojects plan.

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

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

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

(3)  Regional plans for water developments, includingrecommended and alternative plans, costs, adequacy of plans, and relationshipto the water resource protection and water quality plans.

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

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

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

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

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

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

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

(1)  All water resources and systems in eachhydrologic unit;

(2)  All presently exercised uses;

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

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

(i)  Within each hydrologic unit the commissionshall establish the following:

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

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

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

(k)  The commission shall give carefulconsideration to the requirements of public recreation, the protection of theenvironment, and the procreation of fish and wildlife.  The commission mayprohibit or restrict other future uses on certain designated streams which maybe inconsistent with these objectives.

(l)  The commission may designate certain usesin connection with a particular source of supply which, because of the natureof the activity or the amount of water required, would constitute anundesirable use for which the commission may deny a permit under the provisionsof part IV.

(m)  The commission may also designate certainuses in connection with a particular source of supply which, because of thenature of the activity or amount of water required, would result in anenhancement or improvement of the water resources of the area.  Such uses shallbe preferred over other uses in any action pursuant to sections 174C-50(h) and174C-54.

(n)  The commission may add to the Hawaii waterplan any other information, directions, or objectives it feels necessary ordesirable for the guidance of the counties in the administration andenforcement of this chapter.

(o)  In formulating or revising the plans, eachcounty and the commission shall consult with and carefully evaluate therecommendations 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 anyportion thereof without first holding a public hearing on the matter on theisland on which the water resources are located.  At least ninety days inadvance of such hearing, the commission shall notify the affected county andshall give notice of such hearing by publication within the affected region andstatewide.

(q)  In formulating or revising each county'swater use and development plan, the state water projects plan, the waterresource protection plan and the water quality plan, each county and thecommission shall incorporate the current and foreseeable development and useneeds of the department of Hawaiian home lands for water as provided in section221 of the Hawaiian Homes Commission Act.

Each county shall update and modify its wateruse and development plans as necessary to maintain consistency with its zoningand land use policies. [L 1987, c 45, pt of §2; am L 1988, c 276, §1; am L1991, 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.