HAR §13-168-2. Definitions

As used in this chapter: "Abandoned well" means any well that has been permanently discontinued. Any well shall be deemed abandoned which has been allowed to become unsealed, leaking, polluting, deteriorating in quality, uncontrollable, buried, or which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical or unsafe. "Chairperson" means the chairperson of the commission on water resource management. "Commission" means the commission on water resource management. "Department" means the department of land and natural resources. "Deputy" means the deputy to the chairperson of the commission on water resource management. "Diversion Works" (see "stream diversion works") "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; in standing, percolating, or flowing condition; or under artesian pressure. "Installation of pumps and pumping equipment" means the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well, and establishing seals and repairs to existing installations. "Instream flow standard" means a quantity or flow of water or depth of water which is required to be present at a specific location in a stream system at certain specified UNOFFICIAL COMPILATION 168-3 times of the year to protect aquatic life, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses. "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; (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. "Interim instream flow standard" means a temporary instream flow standard of immediate applicability, adopted by the commission without the necessity of a public hearing, and terminating upon the establishment of an instream flow standard. "Noninstream use" means the use of stream water that is diverted or removed from its stream channel and includes the use of stream water outside of the channel for domestic, agricultural, and industrial purposes. "Person" means any individual, firm, association, organization, partnership, estate, trust, corporation, or any governmental unit. "Pump installation" means the installation, replacement, or repairs of any equipment and appurtenances utilized or intended for use in withdrawing or obtaining water from a water source. "Pump installation contractor" means any person licensed in the State of Hawaii to install, replace, or repair pumps and pumping equipment. "Pumps and pumping equipment" means all equipment and appurtenances utilized or intended for use in withdrawing or obtaining ground water. It includes seals, tanks, fittings, measuring devices, and controls. "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. UNOFFICIAL COMPILATION 168-4 "Repairs" means any replacement, change, or modification of any well, pump or pumping equipment, or stream diversion works. Routine maintenance is not included in this definition. "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. "Stream channel" means a natural or artificial watercourse with a definite bed and banks which periodically or continuously contains flowing water. The channel referred to is that which exists at the present time, regardless of where the channel may have been located at any time in the past. "Stream diversion" means the act of diverting, pumping or otherwise removing water from a stream into a channel, ditch, pipeline, or other conduit. "Stream diversion works" means any artificial structure, excavation, pipeline, or other conduit constructed singly or in combination, for the purpose of diverting or otherwise removing water from a stream into a channel, ditch, tunnel, pipeline, etc. "Stream reach" means a segment of a stream channel having a defined upstream and downstream point. "Stream system" means the aggregates of water features comprising or associated with a stream, including the stream itself and its tributaries, headwaters, ponds, wetlands, and estuary. "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 watercourses, lakes, 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. "Water" or "waters of the state" means any and all water on or beneath the 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) UNOFFICIAL COMPILATION 168-5 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. "Well" means any excavation or opening into the ground, or an artificial enlargement of a natural opening drilled, tunneled, dug, or otherwise constructed for the location, exploration, development, injection, or recharge of ground water and by which ground water is drawn or is capable of being withdrawn or made to flow. "Well construction" means the drilling, tunneling, digging or otherwise constructing of a well for whatever purpose, including any alteration or repairs of an existing well, but excluding the installation of pumps and pumping equipment. "Well driller" means any person licensed in the State of Hawaii to construct, alter, or repair wells. "Well seal" means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the other terminal. [Eff. MAY 27 1988] (Auth: HRS §§91-2, 174C-8) (Imp: HRS §§91-2, 174C-3, 174C-81, 174C-91)