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

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

 

Case Notes

 

  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.