[§174C-48]  Permits required.  (a)  No
person shall make any withdrawal, diversion, impoundment, or consumptive use of
water in any designated water management area without first obtaining a permit
from the commission.  However, no permit shall be required for domestic
consumption of water by individual users, and no permit shall be required for
the use of a catchment system to gather water.  An existing use in newly
designated areas may be continued until such time as the commission has acted
upon the application subject to compliance with section 174C-51.



(b)  In its regulation of water resources in
designated water management areas, the commission shall delegate to the county
boards of water supply the authority to allocate the use of water for municipal
purposes, subject to the limits of water supply allocated to the county boards
of water supply in their role as water purveyors. [L 1987, c 45, pt of §2]



 



Case Notes



 



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