HAR §13-169-2. Definitions

As used in this chapter, unless the context otherwise requires: "Baseline research" means the gathering of data of a primary nature which is used to create a base or foundation of knowledge for understanding some subject, such as the stream water of a particular stream in the state. "Chairperson" means the chairperson of the commission on water resource management. "Channel alteration" means to obstruct, diminish, destroy, modify, or relocate a stream channel; to change the direction of flow of water in a stream channel; to place any material or structures in a stream channel; or to remove any material or structures from a stream channel. "Commission" means the commission on water resource management. "Continuous flowing water" means a sufficient flow of water that could provide for migration and movement of aquatic life and includes those reaches of streams which, in their natural state, normally go dry seasonally at the location of the proposed alteration. "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; in standing, percolating, or flowing condition; or under artesian pressure. "Hydrologic unit" means a surface drainage area or a ground water basin or a combination of the two. "Impoundment" means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline. "Instream flow standard" or "permanent instream flow standard" means a quantity or flow of water or UNOFFICIAL COMPILATION 169-4 depth of water which is required to be present at a specific location in a stream system at certain specified 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. "Non-instream 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, company, or any governmental unit. "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. "Stream" means any river, creek, slough, or natural watercourse in which water usually flows in a UNOFFICIAL COMPILATION 169-5 defined bed or channel. It is not essential that the flow 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 reach" means a segment of a stream channel having a defined upstream and downstream point. "Stream system" means the aggregate 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, 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. [Eff. MAY 27 1988] (Auth: HRS §§91-2, 174C-8) (Imp: HRS §§91-2, 174C-3)