§174C‑5  General powers and duties. 
The general administration of the state water code shall rest with the
commission on water resource management.  In addition to its other powers and
duties, the commission:



(1)  Shall carry out topographic surveys, research,
and investigations into all aspects of water use and water quality;



(2)  Shall designate water management areas for
regulation under this chapter where the commission, after the research and
investigations mentioned in paragraph (1), shall consult with the appropriate
county council and county water agency, and after public hearing and published
notice, finds that the water resources of the areas are being threatened by
existing or proposed withdrawals of water;



(3)  Shall establish an instream use protection
program designed to protect, enhance, and reestablish, where practicable,
beneficial instream uses of water in the State;



(4)  May contract and cooperate with the various
agencies of the federal government and with state and local administrative and
governmental agencies or private persons;



(5)  May enter, after obtaining the consent of the
property owner, at all reasonable times upon any property other than dwelling
places for the purposes of conducting investigations and studies or enforcing
any of the provisions of this code, being liable, however, for actual damage
done.  If consent cannot be obtained, reasonable notice shall be given prior to
entry;



(6)  Shall cooperate with federal agencies, other
state agencies, county or other local governmental organizations, and all other
public and private agencies created for the purpose of utilizing and conserving
the waters of the State, and assist these organizations and agencies in
coordinating the use of their facilities and participate in the exchange of
ideas, knowledge, and data with these organizations and agencies.  For this
purpose the commission shall maintain an advisory staff of experts;



(7)  Shall prepare, publish, and issue printed
pamphlets and bulletins as the commission deems necessary for the dissemination
of information to the public concerning its activities;



(8)  May appoint and remove agents, including hearings
officers and consultants, necessary to carry out the purposes of this chapter,
who may be engaged by the commission without regard to the requirements of
chapter 76 and section 78-1;



(9)  May hire employees in accordance with chapter 76;



(10)  May acquire, lease, and dispose of such real and
personal property as may be necessary in the performance of its functions,
including the acquisition of real property for the purpose of conserving and
protecting water and water related resources as provided in section 174C-14;



(11)  Shall identify, by continuing study, those areas
of the State where salt water intrusion is a threat to fresh water resources
and report its findings to the appropriate county mayor and council and the
public;



(12)  Shall provide coordination, cooperation, or
approval necessary to the effectuation of any plan or project of the federal
government in connection with or concerning the waters of the State.  The
commission shall approve or disapprove any federal plans or projects on behalf
of the State.  No other agency or department of the State shall assume the
duties delegated to the commission under this paragraph; except that the
department of health shall continue to exercise the powers vested in it with
respect to water quality, and except that the department of business, economic
development, and tourism shall continue to carry out its duties and responsibilities
under chapter 205A;



(13)  Shall plan and coordinate programs for the
development, conservation, protection, control, and regulation of water
resources, based upon the best available information, and in cooperation with
federal agencies, other state agencies, county or other local governmental
organizations, and other public and private agencies created for the
utilization and conservation of water;



(14)  Shall catalog and maintain an inventory of all
water uses and water resources; and



(15)  Shall determine appurtenant water rights,
including quantification of the amount of water entitled to by that right,
which determination shall be valid for purposes of this chapter. [L 1987, c 45,
pt of §2; am L 1988, c 141, §12; am L 1990, c 293, §8; am L 2000, c 253, §150;
am L 2002, c 35, §1; am L 2006, c 300, §7]



 



Case Notes



 



  Insofar as the commission on water resource management, as
the agency authorized to administer the state water code, determines the
contents of the Hawaii water plan, which includes the designation of hydrologic
units and sustainable yields, and the commission's "interpretation of its
own rules is entitled to deference unless it is plainly erroneous or
inconsistent with the underlying legislative purpose", it is within the
commission's authority to limit reservations of water to specific aquifers. 
103 H. 401, 83 P.3d 664.