HOUSE OF REPRESENTATIVES

H.B. NO.

2034

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

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 the provisions 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.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Water Rights; Commission of Water Resource Management

 

Description:

Establishes that action may be brought directly before circuit court to enforce water rights pursuant to the provisions of 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.