HAR §13-167-3. General powers and duties

The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission: (1) Shall carry out topographic surveys, research, and investigations into all aspects of water use and water quality. (2) Shall designate water management areas for regulation under chapter 13-171, where the commission, after the research and investigations mentioned in paragraph (1), has consulted with the appropriate county council and county water agency, and after public hearing and published notice, finds that the water resources of the areas are being threatened by existing or proposed withdrawals of water. (3) May designate water management areas without the need to conduct scientific investigation or research in any area in which serious disputes respecting the use of ground or surface water resources are occurring. (4) May take jurisdiction of and resolve any disputes regarding water resource protection, water permits, or constitutionally protected water interests or where there is insufficient water to meet competing needs, whether or not the area involved has been designated a water management area. (5) May conduct hearings, issue declaratory or adjudicatory rulings and orders, fashion conditions, limitations, and remedies, and otherwise exercise such other powers as may be necessary and proper in aid of its jurisdiction consistent with law. (6) May issue water use permits with conditions and limitations as may be necessary for the fair and rational management of Hawaii's water resources including but not limited to permits allowing uses of water, the common law of the state to the contrary notwithstanding. (7) May declare water shortages and exercise the reasonable powers including the issuance of orders or the imposition of conditions or limitations necessary to protect the public health, safety, and welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, municipal, agricultural, or other reasonable uses. (8) Shall establish an instream use protection program designed to protect, enhance, and reestablish, UNOFFICIAL COMPILATION 167-7 where practicable, beneficial instream uses of water in the state. (9) May contract and cooperate with the various agencies of the federal government and with state and local administrative and governmental agencies or private persons. (10) May enter, after obtaining the consent of the property owner, at all reasonable times upon any property other than dwelling places for the purposes of conducting investigations and studies, or enforcing any of the provisions of this code, being liable, however, for actual damage done. If consent cannot be obtained, reasonable notice shall be given prior to entry. (11) Shall cooperate with federal agencies, other state agencies, county or other local governmental organizations, and all other public and private agencies created for the purpose of utilizing and conserving the waters of the state, and assist such organizations and agencies in coordinating the use of their facilities and participate in the exchange of ideas, knowledge, and data with such organizations and agencies. For this purpose the commission shall maintain an advisory staff of experts. (12) Shall prepare, publish, and issue such printed pamphlets and bulletins as the commission deems necessary for the dissemination of information to the public concerning its activities. (13) May appoint and remove agents and employees including hearing officers, specialists, and consultants necessary to carry out the purposes of this chapter without regard to the requirements of chapters 76 and 77 and section 78-1, HRS. (14) May acquire, lease, and dispose of such real and personal property as may be necessary in the performance of its functions, including the acquisition of real property for the purpose of conserving and protecting water and water related resources as provided in 13-167-33. (15) Shall identify, by continuing study, those areas of the state where salt water intrusion is a threat to fresh water resources and report its findings to the appropriate county mayor and council and the public. (16) Shall provide such coordination, cooperation, or approval necessary for the effectuation of any plan or project of the federal government in connection UNOFFICIAL COMPILATION 167-8 with or concerning the waters of the state. The commission shall approve or disapprove such federal plans or projects on behalf of the state. No other agency or department of the state shall assume the duties delegated to the commission under this paragraph, except that the department of health shall continue to exercise such powers vested in it with respect to water quality, and except that the department of business and economic development shall continue to carry out its duties and responsibilities under chapter 205A, HRS. (17) Plan and coordinate programs for the development, conservation, protection, control, and regulation of water resources based upon the best available information, and in cooperation with federal agencies, other state agencies, county or other local governmental organizations, and other public and private agencies created for the utilization and conservation of water. (18) Shall catalog and maintain an inventory of all water uses and water resources. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§91-2, 174C-5, 174C-7, 174C-43)