§174-5  Powers.  (a)  In addition to allthe powers granted to the board of land and natural resources in chapter 171for the purpose of carrying out all of its functions and duties, the boardshall have the following powers for the purposes of this chapter:

(1)  To acquire by eminent domain, water and watersources either above or underground, watershed, reservoir sites, rights-of-wayover lands and property for paths, trails, roads, and landing sites, ditches,tunnels, flumes, reservoirs, and pipelines necessary or proper for theconstruction and maintenance of water facilities for conveying, distributing,and transmitting water for domestic use and for such other purposes as mayproperly fall within the scope of its activities in creating, managing, controlling,operating, and maintaining water facilities, any of which purposes shall beheld to be for a public use and purpose;

(2)  To make and execute contracts and otherinstruments necessary or convenient to the exercise of the powers of the board,including, without prejudice to the generality of the foregoing, contracts andother instruments for the purchase or sale of water and for the purchase orlease of water facilities for the overall economic development of the area,including but not limited to the land on which the facilities are situated, andfor securing to the owners and occupiers of land already using water in aproject a priority right to so much water from those of their sources andfacilities which are taken over for the project as is required for the purposesor needs of the land, as such purposes or needs exist at the inception of theproject or are then contemplated in the immediate future;

(3)  To make and from time to time amend and repealbylaws and rules not inconsistent with this chapter, which upon compliance withchapter 91 shall have the force and effect of law, to carry into effect thepowers and purposes of the board;

(4)  To make surveys for the purpose of determiningthe engineering and economic feasibility of each project;

(5)  To conduct feasibility studies of the economicpotential of the area;

(6)  To determine the probable costs and value ofproviding water for economic development in any proposed project;

(7)  To investigate and make surveys of waterresources, including the possibility and feasibility of inducing rain byartificial or other means;

(8)  To define and redefine the boundaries of projectsand to consolidate or separate projects, existing or proposed pursuant to thischapter, provided that in the event the redefinition of the boundaries of orthe consolidation or separation previously effected increases the total amountrequired to be derived from acreage assessments upon lands within the existingproject or projects by more than five per cent or will require an increase inthe tolls charged for water supplied to the lands or will reduce the amount ofwater normally available for distribution to the lands, then the redefinition,consolidation, or separation may be accomplished only after notice has beenpublished and a public hearing held as required for the formation of a projectupon the initiative of the board.

At the hearing, right to protest and theprocedure relative to protest shall be the same as specified in section 174-17concerning the formation of projects, and the proposed redefinition ofboundaries, consolidation, or separation of projects shall not be accomplishedif protests, such as would be sufficient to prevent the action if it were theformation of a project, are filed by owners and lessees of land within theexisting project or projects affected thereby.

(b)  The board is empowered, upon petition ofland occupiers as provided by section 174-13, or upon petition of the Hawaiianhomes commission or upon its own initiative, to prepare detailed plans for theacquisition or construction of facilities for economic development which in itsopinion are economically feasible, to prepare estimates of the probable cost ofeach, and to prepare estimates of the water tolls and acreage assessmentsrequired for the cost of operation and the amortization of the investment ofeach project, so that the project shall be self-supporting. [L 1961, c 166, ptof §3; am L 1965, c 96, §58; Supp, pt of §86-5; HRS §174-5; am L 1987, c 306,§6]

 

Cross References

 

  Acquisition of real property, attorney general's approval,see §107-10.

 

Case Notes

 

  Board's powers generally and under Small Reclamation ProjectAct of 1956.  506 F.2d 572.