Chapter 174C
State Water Code
CHAPTER 174C
STATE WATER CODE
Part I. Administrative Structure
Section
174C-1 Short title
174C-2 Declaration of policy
174C-3 Definitions
174C-4 Scope
174C-5 General powers and duties
174C-5.5 Water resource management fund
174C-6 Deputy to the chairperson of the commission on water
resource management
174C-7 Commission on water resource management
174C-8 Adoption of rules concerning water resources by the
commission
174C-9 Proceedings before the commission concerning water
resources
174C-10 Dispute resolution
174C-11 Hearings officers
174C-12 Judicial review of rules and orders of the
commission concerning the water code
174C-12.5 Contested cases; appeals
174C-13 Citizen complaints
174C-14 Acquisition of real property
174C-15 Penalties and common law remedies
174C-15.5 Administrative violation system
174C-16 Severability
Part II. Reports of Water Use
174C-26 Filing of declaration
174C-27 Issuance of certificate
Part III. Hawaii Water Plan
174C-31 Hawaii water plan
174C-32 Coordination
Part IV. Regulation of Water Use
174C-41 Designation of water management area
174C-42 Notice; public hearing required
174C-43 Investigations required
174C-44 Ground water criteria for designation
174C-45 Surface water criteria for designation
174C-46 Findings of fact; decision of commission
174C-47 Modifying and rescinding designated areas
174C-48 Permits required
174C-49 Conditions for a permit
174C-50 Existing uses
174C-51 Application for a permit
174C-51.5 Dual line water supply systems; installation
in new industrial and commercial developments
located in designated water management areas
174C-52 Notice
174C-53 Permit issuance
174C-54 Competing applications
174C-55 Duration of permits
174C-56 Review of permits
174C-57 Modification of permit terms
174C-58 Revocation of permits
174C-59 Transfer of permit
174C-60 Contested cases
174C-61 Fees
174C-62 Declaration of water shortage
174C-63 Appurtenant rights
Part V. Water Quality
174C-66 Jurisdiction over water quality
174C-67 Exchange of information
174C-68 Water quality plan
Part VI. Instream Uses of Water
174C-71 Protection of instream uses
Part VII. Wells
174C-81 Definitions
174C-82 Powers and duties of the commission
174C-83 Registration of all existing wells
174C-84 Permits for well construction and pump installation
174C-85 Well completion report
174C-86 Well construction and pump installation standards
174C-87 Abandonment of wells
Part VIII. Stream Diversion Works
174C-91 Definition
174C-92 Registration of existing stream diversion works
174C-93 Permits for construction or alteration
174C-94 Completion report
174C-95 Abandonment
Part IX. Native Hawaiian Water Rights
174C-101 Native Hawaiian water rights
Note
The acquisition of the Waiahole water system shall not be construed to affect the powers and authority of the commission on water resource management or its powers to modify any water allocations. L 1998, c 111, §15.
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §12.
Standardized water audits of public water systems; reports. L 2016, c 169.
Two-year water security advisory group pilot program to enable public-private partnerships that increase water security; annual report to governor and 2017-2018 legislature (repealed June 30, 2018). L 2016, c 172.
Cross References
Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.
Irrigation and water utilization projects, see chapter 168.
Irrigation water development, see chapter 167.
Law Journals and Reviews
Testing the Current: The Water Code and the Regulation of Hawaii’s Water Resources. 10 UH L. Rev. 205.
Private Hopes and Public Values in the “Reasonable Beneficial Use” of Hawaii’s Water: Is Balance Possible? 18 UH L. Rev. 1.
Cultures In Conflict In Hawaii: The Law and Politics of Native Hawaiian Water Rights. 18 UH L. Rev. 71.
Proceedings of the 2001 Symposium on Managing Hawaii’s Public Trust Doctrine. 24 UH L. Rev. 21.
Water Regulation, Land Use and the Environment. 30 UH L. Rev. 49.
Where Justice Flows Like Water: The Moon Court’s Role in Illuminating Hawaii Water Law. 33 UH L. Rev. 537 (2011).
Case Notes
Although the public trust doctrine and the state water code share similar core principles, the code does not supplant the protections of the public trust doctrine. 94 H. 97, 9 P.3d 409.
Despite evidence that permit applicant violated chapter 340E, neither the water code nor the public trust precluded the commission on water resource management from allocating water to applicant to supply water to domestic end users from a delivery system that may not comply with chapter 340E; as this jurisdiction separately regulates water allocation and drinking water standards, and there was no discernable legislative intent to make water use permit applications subject to compliance with chapter 340E, violations of chapter 340E were not germane to a review of the propriety of water allocation under the water code and the public trust. 116 H. 481, 174 P.3d 320.