HAR §13-167-23
HAR §13-167-23. Dispute resolution
Cite as Haw. Code R. § 13-167-23
(a) The commission shall
have jurisdiction statewide to hear any dispute regarding
water resource protection, water permits, or constitutionally
or otherwise legally protected water interests, or where there
is insufficient water to meet competing needs for water,
whether or not the area involved has been designated as a
water management area under this title. The final decision on
any matter shall be made by the commission.
(b) Pursuant to its authority to resolve disputes
regarding water, the commission may accept for consideration
and decision:
(1)
cases or controversies referred to it by a court;
or
(2)
questions certified to it by a court.
(c)
To resolve disputes properly before it, the
commission shall have all the powers necessary and proper to
effectuate its decisions and orders and grant relief
consistent with law.
(d)
In order to facilitate dispute resolutions, the
commission may employ the use of special hearing officers or
special masters for the purposes of mediation, fact finding,
and/or arbitration. [Eff. MAY 27 1988] (Auth: HRS §174C-8)
(Imp: HRS §§92-17, 174C-10, 174C-11)