§174C-44  Ground water criteria fordesignation.  In designating an area for water use regulation, thecommission shall consider the following:

(1)  Whether an increase in water use or authorizedplanned use may cause the maximum rate of withdrawal from the ground watersource to reach ninety per cent of the sustainable yield of the proposed groundwater management area;

(2)  There is an actual or threatened water qualitydegradation as determined by the department of health;

(3)  Whether regulation is necessary to preserve thediminishing ground water supply for future needs, as evidenced by excessivelydeclining ground water levels;

(4)  Whether the rates, times, spatial patterns, ordepths of existing withdrawals of ground water are endangering the stability oroptimum development of the ground water body due to upconing or encroachment ofsalt water;

(5)  Whether the chloride contents of existing wellsare increasing to levels which materially reduce the value of their existinguses;

(6)  Whether excessive preventable waste of groundwater is occurring;

(7)  Serious disputes respecting the use of groundwater resources are occurring; or

(8)  Whether water development projects that havereceived any federal, state, or county approval may result, in the opinion ofthe commission, in one of the above conditions.

Notwithstanding an imminent designation of aground water management area conditioned on a rise in the rate of ground waterwithdrawal to a level of ninety per cent of the area's sustainable yield, thecommission, when such level reaches the eighty per cent level of thesustainable yield, may invite the participation of water users in the affectedarea to an informational hearing for the purposes of assessing the ground watersituation and devising mitigative measures. [L 1987, c 45, pt of §2; am L 1999,c 197, §6]

 

Case Notes

 

  Commission did not err in regulating the Waiahole Ditchinfrastructure as a unified system as independent designation of watermanagement areas does not preclude consolidated regulation where a waterdelivery system draws water from several different water management areas andthe consolidated regulation of a single diversion works comports entirely withthe commission's function of comprehensive water planning and management.  94H. 97, 9 P.3d 409.

  Given the undisputed direct interrelationship between thesurface and ground waters in the Waiahole Ditch case, the designation ofWindward Oahu as a ground water management area subjects both ground andsurface water diversions from the designated area to the statutory permitrequirement.  94 H. 97, 9 P.3d 409.