§174-20  Furnishing domestic water.  Inconjunction with any project which it has established, and subject to pertinentprovisions of law governing the supply, the board of land and natural resourcesmay establish a system for and supply water for domestic purposes to residentswithin and in close proximity to the project.  The system shall be establishedonly if (1) the board determines that it would be advisable and in the publicinterest to provide the domestic supply; (2) its construction and operation bythe board has been consented to by the board of water supply of the county inwhich the project is situated, and by a majority of the land occupiers withinthe project; and (3) if under normal conditions of water availability, theoperation of the system will not prejudice or interfere with the supply ofwater to the land occupiers within the project.  The board may also subject tothe limitations previously set forth in this section, take over, improve, andoperate any existing system for the supply of domestic water if requested so todo by the owners and operators of the system. [L 1961, c 166, pt of §3; am L1963, c 193, §27; Supp, §86-19; HRS §174-20; am L 1987, c 306, §13]

 

Case Notes

 

  Contract in which board rented excess transmission capacity inMolokai irrigation system without consent of homesteaders does not violate thissection.  62 H. 546, 617 P.2d 1208.