Bill Text: HI HB1946 | 2012 | Regular Session | Introduced
Bill Title: State Water Code
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-02-03 - (H) The committee(s) on WLO recommend(s) that the measure be deferred. [HB1946 Detail]
Download: Hawaii-2012-HB1946-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WATER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 174C-2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) and (c) to read:
"(b) There is a need for a program of
comprehensive water resources planning to address the problems of supply and
conservation of water. The Hawaii water plan, with such future amendments,
supplements, and additions as may be necessary, [is] shall be accepted
as the guide for developing and implementing this policy.
(c) [The state water code shall be
liberally interpreted to obtain maximum beneficial use of the waters of the
State for purposes such as domestic uses, aquaculture uses, irrigation and
other agricultural uses, power development, and commercial and industrial
uses. However, adequate provision shall be made for the protection of
traditional and customary Hawaiian rights, the protection and procreation of
fish and wildlife, the maintenance of proper ecological balance and scenic
beauty, and the preservation and enhancement of waters of the State for
municipal uses, public recreation, public water supply, agriculture, and navigation.
Such objectives are declared to be in the public interest.] The public
trust doctrine shall guide the actions of the commission. In the planning and
allocation of water resources, to the extent feasible, the commission shall
protect the public trust purposes of resource protection, domestic uses,
reservations of water for the department of Hawaiian home lands, upholding the
exercise of native Hawaiian traditional and customary rights, and the
conservation and protection of agricultural activity on lands identified and
designated as important agricultural lands pursuant to part III of chapter 205;
provided, however, that notwithstanding the foregoing, the primary duties of
the commission shall be to promote the reasonable and beneficial use of water
resources to maximize their social and economic benefit to the people of the
State and to promote the development and use of water resources in a manner
consistent with conservation and in furtherance of the self-sufficiency of the
State."
2. By amending subsection (e) to read:
"(e) The state water code shall be
liberally interpreted and applied in a manner [which] that
conforms [with] to the intentions and plans of the counties in
terms of land use planning."
SECTION 2. Section 174C-31, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) To prepare the water resource protection and water quality plans, the commission shall:
(1) Study and inventory the existing water resources of the State and the means and methods of conserving and augmenting such water resources; provided that for purposes of this paragraph, "augmenting" shall include, but not be limited to, water storage, storm water capture, aquifer recharge, and aquifer storage;
(2) Review existing and contemplated needs and uses of water, including state and county land use plans and policies, and study their effect on the environment, procreation of fish and wildlife, and water quality;
(3) Study the quantity and quality of water needed for existing and contemplated uses, including irrigation, power development, geothermal power, and municipal uses;
(4) Identify rivers or streams, or [a portion]
portions of [a river] rivers or [stream,] streams
which appropriately may be placed within a wild and scenic rivers system, to be
preserved and protected as part of the public trust. For the purposes of this
paragraph, the term "wild and scenic rivers" means rivers or streams[,]
or a portion of a river or stream of high natural quality or that possess significant
scenic value, including but not limited to, rivers or streams which are within
the natural area reserves system. The commission shall report its findings to
the legislature twenty days prior to the convening of each regular legislative
session; and
(5) Study such other related matters as drainage, reclamation, flood hazards, floodplain zoning, dam safety, and selection of reservoir sites, as they relate to the protection, conservation, quantity, and quality of water.
(d) The water resource protection plan shall include, but not be limited to:
(1) Nature and occurrence of water resources in the State;
(2) Hydrologic units and their characteristics, including the quantity and quality of available resource, requirements for beneficial instream uses and environmental protection, desirable uses worthy of preservation by permit, and undesirable uses for which permits may be denied;
(3) Existing and contemplated uses of water, as identified in the water use and development plans of the State and the counties, their impact on the resource, and their consistency with objectives and policies established in the water resource protection and water quality plans;
(4) Programs to conserve, augment, and protect the
water resource; [and] provided that for purposes of this paragraph,
"augment" shall include, but not be limited to, water storage, storm
water capture, aquifer recharge, and aquifer storage; and
(5) Other elements necessary or desirable for inclusion in the plan.
Thereafter, the commission in coordination with
the counties and the department of health shall formulate an integrated
coordinated program for the protection, conservation, and management of the
waters in each county based on the [above studies.] requirements of
this section. This program, with such amendments, supplements, and
additions as may be necessary, shall be known as the water resource protection
and water quality plans.
Thereafter, each county shall prepare a water use and development plan and the appropriate state agency shall prepare the state water projects plan."
SECTION 3. Section 174C-53, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In acting upon any application, the
commission need consider only those objections filed by a person [who has
some property interest in any land within the hydrologic unit from which the
water sought by the applicant is to be drawn or] who will be directly and
immediately affected by the water use proposed in the application. The
commission shall adopt rules governing the filing of objections and the persons
having standing to file objections."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed
is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
State Water Code
Description:
Makes the public trust doctrine the guide for the actions of the commission. Defines "augmenting" and "augment". Allows the commission to consider an objection filed by anyone directly and immediately affected by an application for a water use permit.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
