HAR §13-169-36. Modifying instream flow standards

The modification of an existing instream flow standard by the commission may be initiated by the commission or by a petition to the commission by any interested person. The petition for modifying instream flow standards shall be made on forms provided by the department. The procedure for modifying an existing instream flow standard shall be similar to that for the establishment of an instream flow standard; provided that insubstantial modification may be determined and authorized without notice or hearing by the commission and provided, further, that the commission shall hold a hearing upon the written request of any person adversely affected by such order. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§174C-5, 174C-71) Subchapter 4 Interim Instream Flow Standard §13-169-40 Petition to adopt interim instream flow standard. (a) Pending the establishment of an instream flow standard for any stream(s) or stream reach(es), any person, with proper standing, may petition the commission to adopt an interim instream flow standard for such stream(s) or reach(es). (b) The petition to adopt an interim instream flow standard shall set forth data and information concerning the need to protect and conserve beneficial instream use(s) of the stream(s) or stream reach(es), UNOFFICIAL COMPILATION 169-13 and any other relevant and reasonable information required by the commission. (c) In considering a petition to adopt an interim instream flow 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 for non-instream purposes, including the economic impact of restricting such uses. (d) Interim instream flow standards may be adopted on a stream-by-stream basis or may consist of a general interim instream flow standard applicable to all streams within a specified area. (e) Interim instream flow standards may be adopted by the commission without the necessity of a public hearing. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§174C-3, 174C-5, 174C-71)