HAR §13-169-4. Administrative and judicial review

Any person who is aggrieved or adversely affected by an order or action of the commission pertaining to any provision of this chapter may seek administrative and judicial review in accordance with chapter 91, Hawaii Revised Statute. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §174C-12) Subchapter 2 Instream Use Protection Program §13-169-20 Principles and guidelines for instream use protection. The protection of instream uses statewide shall be guided by the following general principles: (1) The quality of the stream systems statewide shall be protected and enhanced where practicable. Accordingly, where practicable, streams should be maintained with water sufficient to preserve fish, wildlife, scenic, aesthetic, recreational, and other instream uses, and stream systems should be retained substantially in their natural condition. (2) A systematic program of baseline research is recognized as a vital part of the effort to describe and evaluate stream systems, to identify instream uses, and to provide for the protection and enhancement of such stream systems and uses. (3) Recognition shall be given to the natural interrelationship between surface and ground waters. (4) In determining flow requirements to protect instream uses or in assessing stream channel alterations, consideration should be given to the maintenance of existing non-instream uses of economic importance and the preservation of stream waters for potential non-instream uses of public benefit. UNOFFICIAL COMPILATION 169-7 (5) In order to avoid or minimize the impact on existing uses when preserving, enhancing, or restoring instream values, the commission shall consider physical solutions, including water exchanges, modifications of project operations, changes in points of diversion, changes in time and rate of diversion, uses of water from alternative sources, or any other solutions. (6) Expressions of the public interest should be sought in the implementation of this chapter. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§174C-2, 174C-71)