Report Title:

Water Resources; County Water Resources Agency

Description:

Makes each county responsible for setting overall water conservation, quality and use policies; defining beneficial and reasonable uses; protecting ground and surface water resources, watersheds and natural stream environments; establishing water use priorities; and regulating uses of water resources.

HOUSE OF REPRESENTATIVES

H.B. NO.

2785

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to water resources.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to Article XI, section 7, of the Constitution of the State of Hawaii to make each county responsible for:

(1) Setting overall water conservation, quality and use policies;

(2) Defining beneficial and reasonable uses;

(3) Protecting ground and surface water resources, watersheds and natural stream environments;

(4) Establishing criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses; and

(5) Establishing procedures for regulating all uses of water resources within its boundaries,

through its own water resources agency.

The proposed amendment is scheduled to take effect on July 1, 2005 to give the counties adequate time to enact ordinances necessitated by its passage.

SECTION 2. Article XI, section 7, of the Constitution of the State of Hawaii is amended to read as follows:

"WATER RESOURCES

Section 7. The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people.

[The legislature] Each political subdivision shall provide for [a] its own water resources agency which, as provided by law, shall set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all uses of [Hawaii's] water resources[.] within its boundaries. This section shall not limit the power of the legislature to enact laws of statewide concern."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall each county be responsible for:

(1) Setting overall water conservation, quality and use policies;

(2) Defining beneficial and reasonable uses;

(3) Protecting ground and surface water resources, watersheds and natural stream environments;

(4) Establishing criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses; and

(5) Establishing procedures for regulating all uses of water resources within its boundaries,

through its own water resources agency?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment, upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii, shall take effect on July 1, 2005.

 

INTRODUCED BY:

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