Bill Text: HI HB458 | 2012 | Regular Session | Introduced
Bill Title: Water Rights; Commission of Water Resource Management
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB458 Detail]
Download: Hawaii-2012-HB458-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
458 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to water rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 174C-15, Hawaii Revised Statutes, is amended to read as follows:
"§174C-15 Penalties and common law and other remedies. (a) The commission may enforce its rules and orders adopted pursuant to this chapter by suit for injunction or for damages or both.
(b) Any person who
violates any provision of this chapter, or any rule adopted pursuant to this
chapter, may be subject to a fine imposed by the commission. [Such] The
fine shall not exceed $5,000. For a continuing offense, each day during which
the offense is committed is a separate violation.
(c) No provision of this chapter shall bar the right of any injured person to seek other legal or equitable relief against a violator of this chapter.
(d) Except as otherwise provided by law, the commission or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter.
(e) No provision in this chapter shall bar or prevent any person from bringing any action before the circuit court pursuant to part III of chapter 664; provided that the commission shall be made a party to any action pursued under part III of chapter 664."
SECTION 2. Section 664-32, Hawaii Revised Statutes, is amended to read as follows:
"§664-32 Jurisdiction. The circuit courts shall have immediate jurisdiction to hear and determine, without prior consultation with or review by the commission on water resource management or any other agency or department or the intervention of a jury, all controversies respecting rights of private way and water rights, as in this part provided."
SECTION 3. Section 664-33, Hawaii Revised Statutes, is amended to read as follows:
"§664-33 Procedure; notice. (a)
The circuit courts shall hear and determine all controversies based upon a
written grant or other instrument respecting rights of private way and
water rights, between private individuals, or between private individuals and
the State. Any person interested, or the State, may apply for the settlement
of any rights involved hereunder by filing a complaint in the circuit court of
the circuit in which the property affected is situated. [Thereupon]
(b) The plaintiff shall provide notice and thereupon the court shall issue a summons to each land owner or occupant having an interest in the controversy. A notice of the pending action may be published in any case in the discretion of the court."
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:
Water Rights; Commission of Water Resource Management
Description:
Establishes that action may be brought directly before the circuit courts to enforce water rights pursuant to chapter 664, HRS (boundaries, fences, ways, water rights).
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
