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Show HAWAII 725 Ground Water Use Act of 1959 The Hawaii "Ground Water Use Act"246 relates to all ground water,247 but, except for specified emergency powers, regulation of ground water use is limited to areas classified by the Board of Land and Natural Resources, which administers the act,248 as designated ground water areas. " 'Designated ground- water area' means an area in which the board finds that the ground water must be regulated and protected for its best utilization, conservation, and protection in order to prevent threat of exhaustion, depletion, waste, pollution, or deteri- oration by salt encroachment * * *."249 After June 12, 1959, the effective date of the act, no use may be made of any water of a designated ground water area except in compliance with the act. And-a matter of so much importance-no ground water right can be acquired or recognized by prescription.250 The general powers of the Board are set out in considerable detail. Among other things, the Board may: (1) make and authorize investigations and collec- tion of data concerning the State's ground water resources; (2) designate ground water areas for regulation where it is found that any of the following conditions exist now or in the foreseeable future: (a) use of ground water exceeds the rate of recharge, (b) excessive decline in ground water levels, (c) increase in chloride content of water materially reducing its value in use, (d) excessive preventable waste of water, (e) proposed water developments leading to any of the conditions; (3) retain establishment of a designated area while justifying factors remain, but rescind a designation after public hearing if fac- tors no longer prevail; (4) intervene in any court action in which management of designated ground water areas is in issue; (5) require cessation of waste or dangerous practices involving water of designated areas; and (6) exercise its water shortage and emergency authority under the statute, described below.251 246Haw. Rev. Stat. § 177-1 et seq. (1968). The "Ground Water Use Act" of 1959 was enacted by the Legislature of the Terri- tory of Hawaii in 1959. Haw. Laws 1959, ch. 274. The act went into effect upon its ap- proval June 12, 1959. However, since Hawaii was admitted to the Union on August 21, 1959, the administration of the act has been performed by the State almost from its inception. The act was completely reenacted in 1961. Haw. Laws 1961, ch. 122. The original 1959 version of the act contained a lengthy declaration of policy which is omitted from the 1968 version of the act. a47Ground-water is defined as water under the earth's surface, whether or not in perched supply, dyke-confined, flowing or percolating in subterranean channels or streams, under artesian pressure, or otherwise. Haw. Rev. Stat. § 177-2(6) (1968). wId. § 177-4. At all meetings of the Board, the chief officers of county water boards are invited to participate as ex officio members without voting power. Id. 2*9Id. § 177-2(3). 250Id. § 177-3. 3Jl/d § 177-5. The Board may make, amend, and repeal rules and regulations concerning notices, |