HAR §13-171-60
HAR §13-171-60. Reservations of water
Cite as Haw. Code R. § 13-171-60
(a) As provided in
HRS §174C-49(d), the commission, by rule, may reserve water in
such locations and quantities and for such seasons of the year
as in its judgment may be necessary.
(b)
The commission shall adopt within this subchapter
specific reservations of water in water management areas in
such quantities as are deemed necessary for purposes which are
consistent with the public interest, including the provision
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of water for current and foreseeable development and use of
Hawaiian home lands pursuant to section 221 of the Hawaiian
Homes Commission Act and HRS §174C-101(a).
(c)
Proceedings for the establishment of a reservation
of water resources within a designated water management area
by the commission may be initiated:
(1)
Upon recommendation by the chairperson; or
(2)
Upon written petition to the commission by any
interested person with proper standing.
(d)
Reserved water shall not be allocated from water
management areas by the commission except upon application for
a water use permit by the party, or parties, for whom the
water was reserved.
(e)
All reservations shall be subject to periodic
review and revision in light of changed conditions. [Eff.
Feb. 18, 1994 ] (Auth: HRS §§174C-49(d), 174C-101(a))
(Imp: HRS §§174C-49(d), 174C-101(a))
§13-171-61 Department of Hawaiian home lands reservation
for Honolulu and Leeward Oahu. The commission hereby reserves
1.724 million gallons per day of ground water from state lands
in the Waipahu-Waiawa aquifer system for use in the Papakolea,
Nanakuli, and Waianae-Lualualei Hawaiian homestead areas.
This amount shall be in excess of the existing uses of water
on Hawaiian home lands as of the effective date of this rule.
[Eff. FEB 18 1994] (Auth: HRS §§174C-49(d), 174C-101(a))
(Imp: HRS §§174C-49(d), 174C-101(a), HHCA §221)
§13-171-62 Department of Hawaiian home lands reservation
for Windward Oahu. The commission hereby reserves 0.124
million gallons per day of ground water from state lands in
the Waimanalo aquifer system for use in the Waimanalo Hawaiian
homestead area. This amount shall be in excess of the
existing uses of water on Hawaiian home lands as of the
effective date of this rule. [Eff. FEB 18 1994] (Auth:
HRS §§174C-49(d), 174C-101(a)) (Imp: HRS §§174C-49(d),
174C-101(a), HHCA §221)
§13-171-63 Department of Hawaiian home lands reservation
for Kualapuu, Molokai. The commission hereby reserves 2.905
million gallons per day of ground water from state lands in
the Kualapuu aquifer system for use on Hawaiian home lands on
Molokai. This amount shall be in excess of the existing uses
of water on Hawaiian home lands as of the effective date of
this rule. [Eff. JUN 10 1995 ] (Auth: HRS §§174C-49(d),
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174C-101(a)) (Imp: HRS §§174C-49(d), 174C-101(a), HHCA
§221)
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DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-171, Hawaii Administrative Rules, on the
Summary page dated April 20, 1988 was adopted on April 20,
1988; following public hearings held on Oahu on March 22,
1988; on Maui on March 17, 1988; on Molokai on March 21, 1988;
on Kauai on March 23, 1988; and on Hawaii on March 15, 16,
1988; after public notice was given in the Honolulu Star
Bulletin, Hawaii Tribune Herald, Maui News and the Garden
Island on February 24, 1988 and March 8, 1988.
The adoption of chapter 13-171 shall take effect ten days
after filing with the Office of the Lieutenant Governor.
_____________________________
WILLIAM W. PATY, Chairperson
Commission on Water Resource
Management
APPROVED AS TO FORM:
___________________________
Deputy Attorney General
Dated: ___________________
APPROVED:
_____________________________
JOHN WAIHEE, Governor
State of Hawaii
_____________________________
Date Filed
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DEPARTMENT OF LAND AND NATURAL RESOURCES
Amendment to chapter 13-171
Hawaii Administrative Rules
October 13, 1993
SUMMARY
1.
Chapter 13-171, Subchapter 6, §§13-171-60 to 13-171-62
are added.
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DEPARTMENT OF LAND AND NATURAL RESOURCES
The amendment to chapter 13-171, Hawaii Administrative
Rules, on the Summary page dated October 13, 1993, was adopted
on October 13, 1993, following a public hearing held on Oahu
on September 8, 1993, after public notice was given in the
Honolulu Star Bulletin, the Honolulu Advertiser, and the Sun
Press on August 5, 1993.
This amendment shall take effect ten days after filing
with the Office of the Lieutenant Governor.
____________________________
KEITH W. AHUE, Chairperson
Commission on Water Resource
Management
APPROVED AS TO FORM:
_______________________
Deputy Attorney General
____________________________
JOHN WAIHEE
Governor
State of Hawaii
Date:
____________________________
UNOFFICIAL COMPILATION
DEPARTMENT OF LAND AND NATURAL RESOURCES
Amendment to Chapter 13-171
Hawaii Administrative Rules
March 14, 1995
SUMMARY
1.