HAR §13-171-11
HAR §13-171-11. Permits required
Cite as Haw. Code R. § 13-171-11
(a) No person shall make
any withdrawal, diversion, impoundment, or consumptive use of
water in any designated water management area without first
obtaining a permit from the commission. However, no permit
shall be required for domestic consumption of water by
individual users, and no permit shall be required for the use
of a catchment system to gather water.
(b)
In its regulation of water resources in designated
water management areas, the commission shall delegate to the
county boards of water supply the authority to allocate the
use of water for municipal purposes, subject to the limits of
water supply allocated to the county boards of water supply in
their role as water purveyors. [Eff. MAY 27 1988] (Auth:
HRS §174C-8) (Imp: HRS §§174C-5, 174C-48)
§13-171-12 Application for new and existing water use
permits. (a) A person shall file an application with the
commission to use water within a designated water management
area. No withdrawal, diversion, impoundment, or consumptive
use of water shall be made by the applicant until receipt of a
permit issued by the commission, provided that, an existing
use in a newly designated water management area may be
continued until such time as the commission has acted upon the
existing water use permit application.
(b)
Each permit application shall be made on forms
furnished by the commission and shall contain the following:
(1)
The name and address of the applicant and
landowner; provided that:
(A)
In the event the applicant is an association,
organization, partnership, trust,
corporation, or any other legal entity doing
business in Hawaii, the address of its
principal place of business shall be stated
in the application; and
(B)
In the event a lessee, licensee, developer,
or any other person with a terminable
interest or estate in the land, which is the
water source of the permitted water, applies
for a water permit, the landowner shall also
be stated as a joint applicant for the water
permit;
(2)
The date of application;
(3)
The water source of the water supply;
(4)
The quantity and quality of water requested;
(5)
The use of the water and any limitations thereon;
(6)
The location of the use of water;
(7)
The location of the well or point of diversion; and
UNOFFICIAL COMPILATION
171-10
(8)
Such other relevant information that the
commission may request from time to time.
(c)
Each application for a permit to use water shall be
accompanied by a non-refundable filing fee of $25.00 provided
that governmental agencies shall not be subject to the payment
of any fees.
(d)
The commission in its discretion may allow a person
to apply for several related withdrawals in the same
application for a water use permit. [Eff. MAY 27 1988]
(Auth: HRS §174C-8) (Imp: HRS §§174C-5, 174C-50, 174C-51)