HAR §13-167-2. Definitions

(a) As used in this title, unless the context requires otherwise: "Authorized planned use" means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. "Board" means the board of land and natural resources. "Chairperson" means the chairperson of the commission on water resource management. "Change in use" means any modification or change in water use from or to domestic, municipal, military, agriculture (including agricultural processing), or industrial use. "Commission" means commission on water resource management. "Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for an agency hearing. "Department" means the department of land and natural resources. "Deputy" means the deputy to the chairperson of the commission on water resource management. "Ground water" means any water found beneath the surface of the earth, whether or not in perched, dike- confined, or basal supply; in underground channels or streams; standing, percolating, or flowing condition; or under artesian pressure. "Instream use" means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. Instream uses include, but are not limited to: (1) Maintenance of aquatic life and wildlife habitats; UNOFFICIAL COMPILATION 167-4 (2) Outdoor recreational activities; (3) Maintenance of ecosystems such as estuaries, wetlands, and stream vegetation; (4) Aesthetic values such as waterfalls and scenic waterways; (5) Navigation; (6) Instream hydropower generation; (7) Maintenance of water quality; (8) The conveyance of irrigation and domestic water supplies to downstream points of diversion; and (9) The protection of traditional and customary Hawaiian rights. "Nonregulated use" means any use of water which is exempted from regulation by the provisions of this code. "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party in any court or agency proceeding. "Person" means any individual, firm, association, organization, partnership, estate, trust, corporation, company, or any governmental unit. "Petitioner" means the person or agency on whose behalf the petition or application is made. "Presiding officer" means the person conducting the hearing which shall be the chairperson or the chairperson's designated representative. "Proceeding" means the commission's consideration of the relevant facts and applicable law, and action thereupon with respect to a particular subject within the commission's jurisdiction, initiated by a filing or submittal or request or a commission's notice or order, and shall include but not be limited to: (1) Petitions or applications for the granting or declaring any right, privilege, authority, or relief under or from any provision of law or of any rule or requirement made pursuant to a power granted by law; (2) An investigation or review instituted or requested to be instituted by the commission; (3) Other proceedings involving the adoption, amendment, or repeal of any rule of the commission, whether initiated by commission order or notice or by petition of an interested person. "Public hearing" means a hearing required by law in which members of the public generally may comment upon a proposed rule or application. "Public records" is defined in section 92-50, Hawaii Revised Statutes. The term shall include all rules, written statements of policy or interpretation formulated, adopted or UNOFFICIAL COMPILATION 167-5 used by the commission, all final opinions and orders, the minutes of meetings of the commission and any other material required by law to be kept on file in the office of the commission unless accorded confidential treatment pursuant to statute or the rules of the commission. "Reasonable-beneficial use" means the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest. "Rules" means the rules of practice and procedure before the commission. "Stream" means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some parts of the bed or channel have been dredged or improved does not prevent the watercourse from being a stream. "Surface water" means both contained surface water (that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourse, lakes, and reservoirs) and diffused surface water (that is, water occurring upon the surface of the ground other than in contained waterbodies). Water from natural springs is surface water when it exits from the spring onto the earth's surface. "Sustainable yield" means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the commission. "Water" or "waters of the state" means any and all water on or beneath surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. "Water management area" means a geographic area which has been designated pursuant to chapter 13-171 as requiring management of the ground or surface water resource, or both. "Water source" means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive ground water body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well or related combination thereof. [Eff. MAY 27 1988] (Auth: HRS §§91-2, 174C-8) (Imp: HRS §§91-2, 174C-3) UNOFFICIAL COMPILATION 167-6