HAR §13-169-32. Investigations required

(a) After giving notice and before any proposed instream flow standard is established by the commission, the department under the directive of the commission shall conduct whatever investigation is deemed necessary for the commission to reach a decision. During the investigation the department shall consult with and consider the recommendations of the state department of health, the U.S. Fish and Wildlife Service, the mayor of the appropriate county, and other agencies and persons having information on the stream(s), reach(es), or non-instream uses. (b) The commission may also require reports from users of stream water detailing the quantity of water being used and the manner and extent of the use. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§174C-5, 174C-71) §13-169-33 Method for development of instream flow standard. (a) Each candidate stream or stream reach shall be assessed for the instream uses as defined in this chapter. (b) In assessing instream uses, the department may employ various methods to determine the significance of each use and its associated stream water requirements. Instream uses may be quantitatively or qualitatively rated, recognizing that instream uses may rely on factors other than streamflow to maintain their overall value. The assessment of instream uses shall be substantiated by adequate surveys to provide an indication of a stream or stream reach's potential to host particular instream uses, taking into account existing and potential water developments. (c) The hydrologic data and streamflow characteristics of a stream or stream reach under consideration shall be analyzed and evaluated. (d) Based on the evaluated instream use(s), requirements for the stream within defined reaches shall be determined. These requirements shall be expressed for specified time intervals (such as monthly or seasonal) and reaches in terms of the quantity, depth, quality, or other measurable attributes of stream water, or a combination of these UNOFFICIAL COMPILATION 169-11 attributes, needed to preserve, enhance, or restore the stream or stream reach's ability to provide for those identified instream uses. Each instream flow standard shall describe the measurable attributes necessary to protect the public interest in the particular stream. Instream flow standards shall be expressed in terms of variable flows of water necessary to adequately protect fishery, wildlife, recreational, aesthetic, scenic, or other beneficial instream uses in the stream in light of existing and potential water developments including the economic impact of restriction of such use. When quantitative data cannot be developed without undue expenditure of time, financing, and effort, the department may recommend qualitatively derived requirements. (e) In formulating the proposed standard, the commission shall weigh the importance of the present or potential instream values with the importance of the present or potential uses of water from the stream for non-instream purposes, including the economic impact of restriction of such uses. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§174C-5, 174C-71)