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Show 246 HAWAII corrective orders have been issued to cure situations where earlier orders were found to cause injury to vested water right owners.19 To protect his right, an owner may seek injunctive relief, but he must show, in addition to a valid right, that he is being injured.20 In an action at law, damages may be awarded to a water right owner where the water to which he is entitled has been illegally diverted for use by another.21 2.3 Other Agencies Having Water Resource Responsibilities a. Water Quality Control Water quality control in Hawaii is vested primarily in the director of the State board of health. The director may regulate and control waters within the State, including drainage waters, water supply systems, and sewage disposal systems for the protection of the public health, safety, or welfare, including the protection of the public water supply, aquatic life and wildlife, and recreational, agricul- tural, industrial, and other legitimate uses of water. In order to effectuate a comprehensive program for the preven- tion, control, and abatement of pollution, the director may set water quality standards. Written approval of the director must be obtained before any disposal system is constructed which might alter ocean- ographical currents depended upon for dilution. In order to prevent the pollution of water, the director may require detailed plans for any existing system and for any proposed addition, modification, or alter- ation of an existing system or plant. Domestic water supply systems, for which there is a regularly employed sanitary engineer, are ex- empted from the provisions of this section of the act. The director may adopt and enforce rules and regulations for the execution of his statutory powers and duties.22 The director is also authorized to assist any county or State agency in the construction of treatment works by approving grants of State funds. Also, to assist in preventing and controlling pollution, the depart- ment of health, in conjunction with the waste advisory commission, is authorized to prepare a waste management plan.23 In addition to the foregoing, any potable water supply must be approved by the department of health before water is furnished for delivery and use.24 b. ENVIRONMENTAL QUALITY CONTROL The primary emphasis in the development of Hawaiian water law has been on the economic utilization of the water resource, and en- vironmental concerns do not appear to have been a significant factor in this development. However, the Hawaiian Legislature recently adopted legislation designed to assist in the quality of the environ- ment of that State. An office of environmental quality control has ™ Davis v. Afong, 5 Haw. 216 (1884). 20 Peck v. Bailey, 8 Haw. 658 (1867) ; Kohala Sugar Co. v. Wight, 11 Haw. 644 (1899). ^Mele v. Ahuna, 6 Haw. 346 (1882). 22 Hawaii Rev. Stat., sec. 321-16, 16.1. 23 Hawaii Rev. Stat., sees. 340-1 to 340-7. ^Hawaii Rev. Stat., sees. 773-1 to 773-3. |
