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



(b)  In acting upon any application, the
commission need consider only those objections filed by a person who has some
property interest in any land within the hydrologic unit from which the water
sought by the applicant is to be drawn or who will be directly and immediately
affected by the water use proposed in the application.  The commission shall
adopt rules governing the filing of objections and the persons having standing
to file objections.



(c)  An application shall be acted upon within
ninety calendar days of an application not requiring a hearing, or within one
hundred eighty calendar days of an application requiring a hearing.  The time
periods prescribed in this section shall not be deemed to run for any period in
which an application is not complete in all material respects, in the judgment
of the commission.



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



 



Case Notes



 



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