HAR §13-168-6
HAR §13-168-6. Certificate of water use
Cite as Haw. Code R. § 13-168-6
(a) When a
declaration has been filed in accordance with this chapter and
the commission has determined that the use declared is a
reasonable and beneficial use, the commission shall issue or
cause to be issued a certificate describing the use. The
certificate shall be deemed to constitute a description of the
use declared, but shall not constitute a property right or
interest nor a determination that the use declared therein is
a legal one. The certificate shall give rise to a rebuttable
presumption in favor of the certificate holder that the use
declared therein is reasonable and beneficial. Each
certificate shall show the amount of water use declared, but
such declared use shall be subject to verification and
updating before being recognized by the commission in
resolving claims relating to existing water rights and uses,
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including appurtenant rights, riparian and correlative use.
(b) The commission shall hold a hearing upon an
appropriate request by any person adversely affected by the
certification or the refusal to certify the amount of water
being used.
(c) Whenever a certified use of water is terminated, the
person with the certificate shall file a report with the
commission, providing all information required on forms
provided by the commission. [Eff. MAY 27 1988] (Auth: HRS
§174C-8) (Imp: HRS §§91-2, 174C-27, 174C-60)