HAR §13-169-41. Review period

The commission shall grant or reject a petition to adopt an interim instream flow standard under this chapter within one hundred eighty days of the date the petition is filed. The one hundred eighty days may be extended a maximum of one hundred eighty days at the request of the petitioner, subject to the approval of the commission. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§174C-5, 174C-71) §13-169-42 Schedule for adoption of interim instream flow standards. The commission shall adopt interim instream flow standards as follows: (1) Windward Oahu by July 31, 1987; (2) East Maui and Kauai by December 31, 1987; (3) Hawaii and Molokai by July 1, 1988; and (4) West Maui and Leeward Oahu by December 31, 1988. The commission may alter priorities relative to given areas, and may extend the time needed for completion in the event contested case hearings or court appeals, relative to establishing interim instream standards, develop during this period. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: Act 45, SLH 1987, Section 4) UNOFFICIAL COMPILATION 169-14 §13-169-43 Termination of interim instream flow standard. (a) Any interim instream flow standard adopted under this subchapter shall terminate upon the establishment of an instream flow standard for the stream(s) or stream reach(es) for which the interim instream flow standard was adopted. (b) Interim instream flow standards are by their nature temporary and subject to change. Consequently, any reliance upon the interim standards shall be at the water user's own risk. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §174C-71) §13-169-44 Interim instream flow standard for East Maui. The Interim Instream Flow Standard for all streams on East Maui, as adopted by the commission on water resource management on June 15, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new of expanded diversions, and under the stream conditions existing on the effective date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or establish new standards, including area-wide or stream- by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the stream's water for non-instream UNOFFICIAL COMPILATION 169-15 purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. OCT 8 1988] (Auth: HRS Sec. 174C- 8) (Imp: HRS Sec. 174C-2, 174C-3, 174C- 5, 174C-71) §13-169-45 Interim instream flow standard for Kauai. The Interim Instream Flow Standard for all streams on Kauai, as adopted by the commission on water resource management on June 15, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new or expanded diversions, and under the stream conditions existing on the effective date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or new establish standards, including area-wide or stream- by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement UNOFFICIAL COMPILATION 169-16 proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the stream's water for non-instream purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. OCT 8 1988] (Auth: HRS Sec. 174C- 8) (Imp: HRS Sec. 174C-2, 174C-3, 174C- 5, 174C-71) §13-169-46 Interim instream flow standard for Hawaii. The Interim Instream Flow Standard for all streams on Hawaii, as adopted by the commission on water resource management on June 15, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new or expanded diversions, and under the stream conditions existing on the effective date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or new establish standards, including area-wide or stream- UNOFFICIAL COMPILATION 169-17 by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the stream's water for non-instream purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. OCT 8 1988] (Auth: HRS Sec. 174C- 8) (Imp: HRS Sec. 174C-2, 174C-3, 174C- 5, 174C-71) §13-169-47 Interim instream flow standard for Molokai. The Interim Instream Flow Standard for all streams on Molokai, as adopted by the commission on water resource management on June 15, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new or expanded diversions, and under the stream conditions existing on the effective date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow UNOFFICIAL COMPILATION 169-18 future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or establish new standards, including area-wide or stream- by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the streams water for non-instream purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. OCT 8 1988] (Auth: HRS Sec. 174C- 8) (Imp: HRS Sec. 174C-2, 174C-3, 174C- 5, 174C-71) §13-169-48 Interim instream flow standard for West Maui. The Interim Instream Flow Standard for all streams on West Maui, as adopted by the commission on water resource management on October 19, 1988, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new or expanded diversions, and under the stream conditions existing on the effective UNOFFICIAL COMPILATION 169-19 date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or establish new standards, including area-wide or stream- by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the stream's water for non-instream purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. DEC 10 1988] (Auth: HRS Sec. 174C- 8) (Imp: HRS Sec. 174C-2, 174C-3, 174C- 5, 174C-71) §13-169-49 Interim instream flow standard for Leeward Oahu. The Interim Instream Flow Standard for all streams on Leeward Oahu, as adopted by the commission on water resource management on October 19, 1988, shall be that amount of water flowing in each UNOFFICIAL COMPILATION 169-20 stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new or expanded diversions, and under the stream conditions existing on the effective date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or new establish standards, including area-wide or stream- by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the stream's water for non-instream purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. DEC 10 1988] (Auth: HRS Sec. 174C- 8) (Imp: HRS Sec. 174C-2, 174C-3, 174C- 5, 174C-71) UNOFFICIAL COMPILATION 169-21 §13-169-49.1 Interim instream flow standard for Windward Oahu. The Interim Instream Flow Standard for all streams on Windward Oahu, as adopted by the commission on water resource management on April 19, 1989, shall be that amount of water flowing in each stream on the effective date of this standard, and as that flow may naturally vary throughout the year and from year to year without further amounts of water being diverted offstream through new or expanded diversions, and under the stream conditions existing on the effective date of the standard, except as may be modified by the following conditions: (1) Based upon additional information or a compelling public need, a person may petition the commission on water resource management to amend the standard to allow future diversion, restoration, or other utilization of any streamflow. (2) The commission reserves its authority to modify the standard or establish new standards, including area-wide or stream- by-stream standards, based upon supplemental or additional information. (3) In any proceeding to enforce the instream flow standard, the commission, its delegated hearing officer, or a judicial officer may abate the enforcement proceeding if, under the circumstances and weighing the importance of the present or potential instream values with the importance of the present or potential uses of the stream's water for non-instream purposes (including the economic impact of restricting such uses), the enforcement of the instream flow standard would: (A) Create a substantial hardship on a use existing on the effective date of this standard; or (B) Impermissibly burden a right, title, or interest arising under law. (4) Projects under construction or projects that have secured all discretionary permits required by appropriate federal, state, or county agencies prior to July 1, 1987 shall not be affected by the standard. [Eff. MAY UNOFFICIAL COMPILATION 169-22 04 1992] (Auth: HRS §174C-8) (Imp: HRS §174C-2, 174C-3, 174C-5, 174C-71) Subchapter 5 Stream Channel Alteration Permit