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Show HAWAII 727 (2) in conjunction with facilities then under construction, or (3) within 5 years prior thereto, may be continued if the uses remain beneficial and the provision for the certification of existing uses are complied with.2s9 Without Board authorization, no preserved use may be modified by increasing the quantity of water, or substantially changing the purpose or manner of use, time of taking, or point of diversion. Exceptions are made with respect to municipal corpora- tions and persons supplying them.260 Preserved uses may be conveyed to the same extent and in the same manner as they could prior to June 12, 1959.261 Any person making a preserved use may voluntarily exchange it for a per- mit. When a person materially violates the provisions relating to preserved uses, the Board at its discretion, after notice and hearing, may order that the viola- tion constitutes an offer of exchange for a permit.262 All or part of a preserved use is extinguished if not used for 4 consecutive years or for any 5 out of 7 years. Three years of nonuse immediately prior to the effective date of the establishment of a designated area is conclusively presumed to be nonuse. If nonuse is caused by natural shortage of water, neither years of use nor of nonuse are considered. Years in which a declaration was required but none was filed are conclusively presumed to be years of nonuse.263 After designation of a ground water area, except with respect to domestic and preserved uses, water may be withdrawn therefrom only in accordance with a permit from the Board.264 259After designating a ground water use, the Board rules that any person making a preserved use shall file a declaration within a prescribed time. The State may be divided into areas with different dates for filing. Any person making a preserved use may file a declaration at any time before the required date. The Board prescribes the form and content of declaration, including the quantity of water, purpose or manner of use, time of taking, and point of diversion. If no declaration is filed as required, the Board at its discretion may conclusively determine the extent of preserved uses. If the Board has not acted upon a declaration within 6 months, it shall certify the described uses. The Board issues certificates describing preserved uses, including the maximum daily and annual drafts from each well. The certificate constitutes a description of the preserved use, but not an adjudication of property rights. The Board must hold a hear- ing on request of any person adversely affected by the certification or refusal to certify a water use. Id. § 177-16. 2*°Their usage from the designated ground water area without prior authorization may be increased up to 100,000 gallons, or 5 percent, whichever is greater, per day more than the average per day beneficial use during the year immediately prior to the establishment of the designated area. 261 Id. § 177-15. 3tiId. § 177-17. 263Id. § 177-18. 264Id. § 177-19. After June 12, 1959, no State or local government agency shall contract to obtain ground water within a designated area from any person not holding a permit, and no person shall contract to supply or sell rights in a designated area to another person, unless permission is obtained from the Board. Permission shall not be withheld except |
