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Show 730 GROUND WATER RIGHTS IN SELECTED STATES preference must be given to uses initiated prior in time unless it is determined that this would impair or be detrimental to the public interest in utilization of water resources; (3) make other rules, regulations, and orders necessary for preserving the public health, safety, and welfare and the interest of affected water users. On the motion of any affected person, the Board shall hold a hearing to determine whether any rules, regulations, or orders shall be amended, repealed, or revoked.279 If an "emergency"280 exists and if the Board finds that the exercise of its powers relating to water shortages will not protect the public health, safety, and public welfare, it may after notice and hearing: (1) establish rules, regula- tions, or orders limiting, apportioning, rotating, or prohibiting use of water resources in the affected ground water areas; (2) authorize any affected State or local governmental agency or public water supplier to enter upon public or private lands in any ground water area and remove any quantity of ground water necessary to protect the public health, safety, and welfare, provided that if such entry or taking interferes with any property right other than any right that might be acquired under the statute, due compensation is payable; (3) designate the ground water area for regulation in accordance with section 177-5(5), if not so previously designated; (4) make other rules, regulations, and orders necessary with respect to such ground water areas to protect the public health, safety, and welfare during the emergency.281 On the motion of any affected person, the Board shall set a time and place of hearing to determine whether the emergency has terminated or whether any rules, regulations, or orders entered therein should be amended, repealed or revoked. The authority granted the Board under this section is in addition to the authority granted under other provisions of the statute.282 IDAHO Court Decisions Relating to Appropriability of Ground Waters Definite Underground Streams It was stated in the prevailing opinion in a 1922 ground water decision that 279Id. § 177-33. 280 Emergency is defined as "a shortage of ground water in any ground-water area, whether established as a designated ground-water area or not, which threatens the public health, safety, and welfare." Id. § 177-2(5). 281 Id. § 177-34. 282 Id. This chapter (177) is not intended to repeal chapter 178, relating to regulation of wells generally, or § § 71-1 to -4, relating to artesian wells under the control of the Board of Water Supply in the District of Honolulu. In the event of conflict, this chapter, and the rules and regulations established hereunder shall prevail. Id. § 177-35. Haw. Rev. Stat. ch. 178 and § § 71-1 to -4 (1968) are discussed at notes 243-245 supra. |