HAR §13-171-2. Definitions

As used in this chapter, unless the context otherwise requires: "Authorized planned use" means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. "Board" means the board of land and natural resources. "Chairperson" means the chairperson of the commission on water resource management. "Change in use" means any modification or change in water use from or to domestic, municipal, military, agriculture (including agricultural processing), or industrial use. "Commission" means the commission on water resource management. "Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for an agency hearing. "Continuous flowing water" means a sufficient flow of water that could provide for migration and movement of aquatic life and includes those reaches of streams which, in their natural state, normally go dry seasonally at the location of the proposed alteration. "Department" means the department of land and natural resources. "Deputy" means the deputy to the chairperson of the commission on water resource management. "Domestic use" means any use of water for individual personal needs and for household purposes such as drinking, bathing, heating, cooking, noncommercial gardening, and sanitation. "Emergency" means the absence of a sufficient quantity and quality of water in any area whether designated or not which threatens the public health, safety, and welfare as determined by the commission. "Ground water" means any water found beneath the surface of the earth, whether or not in perched, dike-confined, or basal supply; in underground channels or streams; in standing, percolating, or flowing condition; or under artesian pressure. UNOFFICIAL COMPILATION 171-4 "Hydrologic unit" means a surface drainage area or a ground water basin or a combination of the two. "Impoundment" means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline. "Instream use" means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. Instream uses include, but are not limited to: (1) Maintenance of aquatic life and wildlife habitats; (2) Outdoor recreational activities; (3) Maintenance of ecosystems such as estuaries, wetlands, and stream vegetation; (4) Aesthetic values such as waterfalls and scenic waterways; (5) Navigation; (6) Instream hydropower generation; (7) Maintenance of water quality; (8) The conveyance of irrigation and domestic water supplies to downstream points of diversion; and (9) The protection of traditional and customary Hawaiian rights. "Person" means any individual, firm, association, organization, partnership, estate, trust, corporation, company, or any governmental unit. "Reasonable-beneficial use" means the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest. "Stream diversion" means the act of removing water from a stream into a channel, pipeline, or other conduit. "Surface water" means both contained surface water (that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourse, lakes, and reservoirs) and diffused surface water (that is, water occurring upon the surface of the ground other than in contained waterbodies). Water from natural springs is surface water when it exits from the spring onto the earth's surface. "Sustainable yield" means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the commission. "Water" or "waters of the state" means any and all water on or beneath surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface UNOFFICIAL COMPILATION 171-5 water and water percolating, standing, or flowing beneath the surface of the ground. "Water management area" means a geographic area which has been designated pursuant to chapter 13-171 as requiring management of the ground or surface water resource, or both. "Water source" means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive ground water body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well or related combination thereof. "Well" means any excavation or opening into the ground, or an artifical enlargement of a natural opening drilled, tunneled, dug, or otherwise constructed for the location, exploration, development, injection, or recharge of ground water and by which ground water is drawn or is capable of being withdrawn or made to flow. [Eff. MAY 27 1988] (Auth: HRS §§91-2, 174C-8) (Imp: HRS §§91-2, 174C-3) Subchapter 2 Designation of Water Management Areas