Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 3, 1 March 1989 — Well, Stream Water Users Must File Declarations By May 28 [ARTICLE]

Well, Stream Water Users Must File Declarations By May 28

Dramatic changes in water use in Hawai'i have been generated by the passage of a new state water code in 1987 and adoption of its administrative rules in 1988. One major change under the rules is that anyone using well or stream water or diverting such water for agriculture or any other purpose must file a declaration of that water use with the state water commission by May 28, 1989. The failure to declare your water use prior to the deadline may adversely affect your ability to certify, and continue your present water use. Also, if you used to use, but are not presently using well or stream water, it is recommended you should still file a declaration if you plan to use the water in future. In order to safeguard your water rights, it is important to file before the deadline. Water users must file a sworn statement on where and how the water is withdrawn, how mueh water is used, and for what purpose the water is being used. Since the rules and regulations of the new state water code took effect in May 1988, water users have had one year to file a declaration of their water use with the state water commission. However, public meetings held so far have been aimed at larger users, such as plantations, and any smaller users may still be unaware of how failing to file may affect them. Managing Hawaii's water resources to provide for the many different needs of agriculture, tourism, housing and industry — is the job of the State Commission Water Resource Management. Under the water code, the commission has the power to certify and determine the extent of a person's water use. Under the code the commission has the power to conclusively determine the amount of water you ean use. It is important to give the commission complete and aeeurate information conceming your use, otherwise the commission may allocate the water to competing users. After the commission receives the declarations they will review them, then determine whether or not the water use is "reasonable and beneficial." This is defined as "the use of water in such a quantity as is necessary for eeonomie and efficient utilization, for a purpose, and in a manner whieh is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." The commission has six months to act upon a declaration onee it is filed. After the declaration of water use is approved, the commission will issue a certificate describing the use. While this does not give you a property right to or interest in the water, the one who holds the certificate may have an advantage over someone who does not. Anyone who is refused a certificate or

those who are adversely affected by the issuance of a certificate to another may request a hearing before the commission. At these hearings the commission has the power to determine what constitutes an appropriate amount of water use for the applicant. Filing for a water use declaration is especially important in areas of critical water shortage. The water commission now has the power to designate water management areas where withdrawal from ground or surface sources requires apermit. Permit applicants must demonstrate that their proposed withdrawal is "reasonable and beneficial," consistent with the eommon law of the state and will not interfere with any other legal use of water. In these "designated" areas, there is expected to be an intense contest for permits. The process to obtain these permits is different from filing a water use declaration, and is more complicated. For example, well owners must file reports describing the diameter of the well, its capacity, the name of the well driller and the installation eontractor. Any person seeking to construct a well or install pumps must apply for a permit. In short, those who presently use water, intend to use water in the future or intend to preserve unused water rights must file declarations soon to continue their use, or they may lose their claims forever or at least be severely disadvantaged by the failure to file. Manabu Tagomori, deputy director of the water commission urges those filing water declarations to fill out as mueh informatīon as they ean. Applicants may eall the State Department of Land and Natural Resources (DLNR) Division of Water and Land Development for assistance. Tagomori said staff are available if assistance in the field is necessary. There are a number of different kinds of forms that water users must file. Eaeh case will be different. While the division hopes to eventually have neighbor island staff to help water users, Tagomori says any calls now for information and assistance in filling out the forms ean be made collect to the Honolulu office at 548-3948 or 548-7541. Be sure to say you are calling for information on filing a water use declaration. OHA liaisons on eaeh island ean also provide basic information on what the forms involve, and will have forms available at their offices. On O'ahu contact Winona Spillner at the OHA main office at 946-2642. On the islands of Haweii'i contact Ruby McDonald (West Hawai'i) 329-7368 or Bill Kalei (East Hawai'i) 961-7349. On the island of Maui contact Ki'ope Raymond at 244-4219. Moloka'i or Lana'i residents ean eall Myrle Florea at 553-3611. On Kaua'i eall Carmen "Boots" Panui at 245-4390.