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Show HAWAII 729 granted without acquiring the water use permit, because there is no reasonably available water; and (3) the applicants are willing and able to furnish reasonable compensation to the permit holder.271 A permit holder may apply for renewal after one-half of the original period has expired. Renewed permits take effect immediately. If a permit is issued for more than 1 year, and no application for renewal is filed 6 months before expiration, the Board-after 30 days' written notice during which the holder may apply for renewal-may immediately grant to another person a permit to use the water effective on expiration of the original permit. The Board must hold a hearing on the request of any person adversely affected by renewal or refusal to renew a permit.272 A permit may be revoked in whole or in part for: (1) any material falsifica- tion in the application or any statement of fact required by the statute; (2) violation of the provisions of the statute; (3) violation of permit conditions; or (4) nonuse. In any proceeding to wholly or partially revoke a permit, the Board must notify the permit holder of the reasons therefor and provide for a hearing.273 Except as provided in the statute,274 no court may enjoin the use of water by any person who holds a valid permit there for.27S But if a permit use causes injury to property rights, compensation may be had for actual damages in a suitable action against the permit holder.276 To obtain the most beneficial use of the State's water resources, and to protect the public health, safety, welfare, and the users' interests during a "water shortage"277 in any designated area, the Board may, after hearing and notice: (1) establish rules, regulations, or orders affecting the use of ground water, as conditions warrant, and forbid construc- tion of new diversion facilities or wells, initiation of new water uses, or modifi- cation of existing uses or diversion or storage facilities in the area; (2) regulate the use of ground water within the area by apportioning, limiting, or rotating uses of water, or by preventing uses that the Board finds are no longer reason- able or beneficial, although (a) domestic, municipal, and military uses shall always be preferred to other uses;278 (b) preserved uses must always be pre- ferred to permit uses; and (c) among substantially similar permitted uses, 371 Id. § 177-27. 272/d. § 177-28. 273Id. § 177-29. 274This apparently is referring to § 177-10, described at note 254 supra. 21sId. § 177-30. 116Id. § 177-31. 277 Shortage is defined as "the absence of a sufficient quantity and quality of ground water in a designated ground-water area to supply lawful use of water." Id. § 177-2(11). 278 "Municipal use" is use of water through public services available to the inhabitants of a community for (1) promotion and protection of their health, comfort, and safety, (2) protection of property from fire, and (3) purposes listed under "domestic use," as defined in note 255 supra. Id. § 177-2(7). |