RAPID/Roadmap/19-HI-a

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Hawaii Surface Water Use Permit (19-HI-a)

Under Hawaii Revised Statutes 174C and Hawaii Administrative Rules Title 13, Chapter 171 a developer must obtain a Surface Water Use Permit from the Hawaii Department of Land and Natural Resources Commission on Water Resource Management to establish a new use of surface water or modify an existing surface water use permit in a designated surface water management area. Uses subject to a surface water use permit include any withdrawal, diversion, impoundment, or consumptive use of water in a designated water management area. No surface water use permit is required for domestic consumption of surface water by individual users, for uses on any Maui Department of Water Supply water system, or for uses outside of the designated water management area.


Surface Water Use Permit Process

19-HI-a.1 – Does the Activity Require Establishing a New Use of Surface Water or Modifying an Existing Surface Water Use Permit in a Designated Surface Water Management Area

The developer must complete an Application For Surface Water Use Permit For Proposed New Use In A Designated Surface Water Management Area if the activity requires establishing a new use of surface water or modifying an existing surface water use permit in a designated ground water management area. Otherwise the developer does not need a permit and may continue with the project.

19-HI-a.3 – Application For Surface Water Use Permit For Proposed New Use In a Designated Surface Water Management Area

The developer must submit the Application For Surface Water Use Permit For Proposed New Use In A Designated Surface Water Management Area to the Commission on Water Resource Management. Under HRS §174C-51 the application must include:

  • the name and address of the applicant and landowner;
  • the date of application, water source of the water supply;
  • the quantity of water requested;
  • the use of the water and any limitations thereon;
  • the location of the use of water;
  • the location of the well or point of diversion; and
  • any other information that the commission requests.

19-HI-a.4 – Publish Notice of Application in Local Newspaper in the Affected Area and Send Copy to Any Person Who Filed a Request for Notice

The Commission on Water Resource Management publishes notice of application in a local newspaper in the affected area at least once a week for two weeks. Additionally, the Commission must send a copy of the notice to any person who has filed a written request for notification of any pending applications affecting a particular designated area.

19-HI-a.5 – Send Notice of Application to the Mayor and Water Board of the Affected County

The Commission on Water Resource Management must send notice of the application to the mayor and the water board of the affected county.

19-HI-a.6 - Inform Commission on Water Resources Management if the Proposed Use is Inconsistent with County Land Use Plans and Policies

The affected local county must inform the Commission on Water Resources Management within sixty days after receipt of the notice if the proposed ground water use is inconsistent with the affected county’s land use plans and policies.

19-HI-a.7 – File Objection (Optional)

Interested parties may file an objection to the proposed surface water use with the Commission on Water Resources Management within ten working days after the last public notice of the pending permit application. The objection sets forth questions of procedure, fact, law, or policy to which the party objects.

19-HI-a.8 - File Brief in Support of Application (Optional)

Within ten working days after the filing of an objection with the Commission on Water Resources Management, any other party may file a brief in support of the proposed permit with the Commission. The brief in support should answer the points of procedure, fact, law or policy to which a party objected and state the facts and reasons why the permit should be approved.

19-HI-a.9 – Review Objection(s) and Brief(s) in Support

The Commission on Water Resource Management reviews any objections to the proposed surface water use and any briefs supporting the use filed in response to the objection. The Commission may render a decision on the objections and briefs in support or request further information from either party(s) before rendering a decision. The Commission need consider only the objections filed by a person with a property interest in any land within the hydrologic unit from which the developer will draw the water or who will be immediately affected by the water use proposed in the application.

19-HI-a.10 - Hold Public Hearing

If the Commission on Water Resource Management determines a hearing is required, the Commission holds a public hearing.

19-HI-a.11 – Does DLNR-CWRM Approve the Application

The Commission on Water Resource Management determines whether to approve the Application For Surface Water Use Permit For Proposed New Use In A Designated Surface Water Management Area. In order to obtain a permit the applicant must establish the proposed water use:

  • Can be accomated with the available water source;
  • Is a reasonable-beneficial use as defined in H.A.R. 13-171-2;
  • Is consistent with the public interest;
  • Is consistent with the state and county general plans and land use designations;
  • Is consistent with the county land use plan and policies; and
  • Will not interfere with any existing legal use of water.

19-HI-a.12 - Surface Water Control Area Permit

If the Commission on Water Resource Management approves the Application For Surface Water Use Permit For Proposed New Use In A Designated Surface Water Management Area, the Commission issues the developer a Surface Water Use Permit.




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