[§174C-53]  Permit issuance.  (a)  Thecommission shall determine, after a hearing, if required, whether theconditions set forth in section 174C-49(a) have been established; provided thatthe commission may make such determination without a hearing if the quantity ofwater applied for does not exceed an average amount per month to be establishedby rule or if the quantity of water applied for exceeds an average amount permonth to be established by rule, but no objection to the application is filedby any person having standing to file an objection.

(b)  In acting upon any application, thecommission need consider only those objections filed by a person who has someproperty interest in any land within the hydrologic unit from which the watersought by the applicant is to be drawn or who will be directly and immediatelyaffected by the water use proposed in the application.  The commission shalladopt rules governing the filing of objections and the persons having standingto file objections.

(c)  An application shall be acted upon withinninety calendar days of an application not requiring a hearing, or within onehundred eighty calendar days of an application requiring a hearing.  The timeperiods prescribed in this section shall not be deemed to run for any period inwhich an application is not complete in all material respects, in the judgmentof the commission.

(d)  As a condition for the issuance of apermit the commission may require the permittee to install meters, gauges, orother appropriate measuring devices. [L 1987, c 45, pt of §2]

 

Case Notes

 

  Section allows for the consolidated regulation of a singlediversion works such as the Waiahole Ditch System.  94 H. 97, 9 P.3d 409.