Report Title:

Water use permit applications

Description:

Allows late filings and time extensions of water use permit applications to continue existing uses, beyond 1 year from the effective date of the designation of a water management area with just cause. Reduces the number of notices sent by the Commission on Water Resource Management to apprise existing users of the need to file a water use permit application to continue an existing use.

HOUSE OF REPRESENTATIVES

H.B. NO.

711

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WATER USE PERMIT APPLICATIONS.

 

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

SECTION 1. Section 174C-50, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) An application for a permit to continue an existing use must be made within a period of one year from the effective date of designation. Except for appurtenant rights, failure to apply within this period creates a presumption of abandonment of the use, and the user, if the user desires to revive the use, must apply for a permit under section 174C-51. If the commission determines that there is just cause for the failure to file, it may allow a late filing[. However, the commission may not allow a late filing more than five years after the effective date of rules implementing this chapter.] or a time extension. The commission shall send [two notices, one of which shall be] notice by registered mail[,] to existing users to file for an application for a permit to continue an existing use."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST