§179-2  Definitions.  The followingterms, whenever used and referred to in this chapter, shall have the followingrespective meanings, unless a different meaning clearly appears in the context:

"Abnormal tidal action" includes highseas or surf, hurricane floods, and tsunami or seismic waves.

"Board" means the board of land andnatural resources.

"Department" means the department ofland and natural resources.

"Drainage" means the collection andconveyance of surface or subsurface water, storm runoff, or any other water toa disposal area, or into a watercourse or standing body of water to reducedamage to lands which are not necessarily adjacent to the watercourse orstanding body of water, or to reclaim lands for beneficial use.

"Drainage facilities" means anymanmade construction undertaken for drainage purposes and shall includeconduits, ditches, canals, dikes, embankments, dams, reservoirs, and otherappropriate facilities.

"Drainage measures" includes drainagefacilities, land treatment, statutory and building code requirements relatingto drainage, and any other measures intended to accomplish drainage purposes.

"Flood" means the temporaryinundation of usable lands caused by the overflow of an adjacent naturalwatercourse or standing body of water.

"Flood control", "flood watercontrol", and "flood prevention", mean the minimizing of flooddamage, by appropriate protective, preventive, and corrective measures.

"Flood control measures" includesflood control works, land treatment, master planning and zoning to establishencroachment zones along watercourses and adjacent to standing bodies of water,training of flood fighting units, flood disaster plans and operations, and anyother measures relating to flood control, flood water conservation and flooddamage.

"Flood control plan", "generalflood control plan", and "plan" mean the report entitled GeneralFlood Control Plan for Hawaii (Volume II of Flood Control and Flood WaterConservation in Hawaii), published by the board in January, 1963.

"Flood control program" whenreferring to a specific watershed or subwatershed, means all existing orplanned flood control measures relating to such area; when referring to thestatewide flood control program means the general flood control plan and all activitiesof the board and department pursuant to this chapter.

"Flood control project","federal flood control project", and "state flood controlproject" mean, respectively:  (1) specific flood control works whichcomprise all or a portion of the works needed to complete a specific floodcontrol program; (2) a flood control project authorized and implementedpursuant to the Federal Flood Control Act of 1936 or the Watershed Protectionand Flood Prevention Act of 1958, as amended or supplemented, and (3) a floodcontrol project sponsored and financed by the State and authorized andimplemented pursuant to section 179-4(3).

"Flood control works", "works ofimprovement", "works", or "flood control facilities"mean any manmade construction undertaken to confine storm runoff within anatural watercourse, conserve such runoff, or lessen the energy and effect ofabnormal tidal action, and shall include conduits, ditches, canals, levees,dikes, embankments, dams, reservoirs, breakwaters, groins, seawalls, and otherappropriate facilities.

"Flood water conservation" means theconfinement, storage, and beneficial utilization of storm runoff by theconstruction, operation, maintenance, and supervision of drainage and floodcontrol facilities.

"Political subdivision" means any ofthe several counties under existence in the State by virtue of the laws ofHawaii or any legally organized district or political incorporation thereof.

"Standing body of water" means afresh water pond, lake, or reservoir, or the Pacific Ocean along an extendedshoreline or a tidal inlet such as a bay, harbor, pond, or estuary.

"United States" means the UnitedStates of America, including the agencies, instrumentalities, officers, agents,or employees thereof.

"Watercourse" or "natural watercourse"means any river, stream, gulch, gully, valley floor, or any other naturallyformed channel having a bed and sides or banks in which water flows eitherperennially or intermittently.  "Natural watercourse" shall alsoinclude a drainage ditch in existence after seven years from installation butshall not include a ravine, swale, or similar depression within which waterflows only during rainfall. [L 1961, c 34, §2; am L 1963, c 148, pt of §1;Supp, §87C-2; HRS §179-2]

 

Revision Note

 

  Definitions rearranged.