§174C‑5  General powers and duties. The general administration of the state water code shall rest with thecommission on water resource management.  In addition to its other powers andduties, 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 forregulation under this chapter where the commission, after the research andinvestigations mentioned in paragraph (1), shall consult with the appropriatecounty council and county water agency, and after public hearing and publishednotice, finds that the water resources of the areas are being threatened byexisting or proposed withdrawals of water;

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

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

(5)  May enter, after obtaining the consent of theproperty owner, at all reasonable times upon any property other than dwellingplaces for the purposes of conducting investigations and studies or enforcingany of the provisions of this code, being liable, however, for actual damagedone.  If consent cannot be obtained, reasonable notice shall be given prior toentry;

(6)  Shall cooperate with federal agencies, otherstate agencies, county or other local governmental organizations, and all otherpublic and private agencies created for the purpose of utilizing and conservingthe waters of the State, and assist these organizations and agencies incoordinating the use of their facilities and participate in the exchange ofideas, knowledge, and data with these organizations and agencies.  For thispurpose the commission shall maintain an advisory staff of experts;

(7)  Shall prepare, publish, and issue printedpamphlets and bulletins as the commission deems necessary for the disseminationof information to the public concerning its activities;

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

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

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

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

(12)  Shall provide coordination, cooperation, orapproval necessary to the effectuation of any plan or project of the federalgovernment in connection with or concerning the waters of the State.  Thecommission shall approve or disapprove any federal plans or projects on behalfof the State.  No other agency or department of the State shall assume theduties delegated to the commission under this paragraph; except that thedepartment of health shall continue to exercise the powers vested in it withrespect to water quality, and except that the department of business, economicdevelopment, and tourism shall continue to carry out its duties and responsibilitiesunder chapter 205A;

(13)  Shall plan and coordinate programs for thedevelopment, conservation, protection, control, and regulation of waterresources, based upon the best available information, and in cooperation withfederal agencies, other state agencies, county or other local governmentalorganizations, and other public and private agencies created for theutilization and conservation of water;

(14)  Shall catalog and maintain an inventory of allwater 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, asthe agency authorized to administer the state water code, determines thecontents of the Hawaii water plan, which includes the designation of hydrologicunits and sustainable yields, and the commission's "interpretation of itsown rules is entitled to deference unless it is plainly erroneous orinconsistent with the underlying legislative purpose", it is within thecommission's authority to limit reservations of water to specific aquifers. 103 H. 401, 83 P.3d 664.