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Show 256 HAWAII Domestic uses may be initiated and existing domestic uses con- tinued without applying for a permit. However, domestic use is sub- ject to the shortage and emergency powers of the board.89 Existing uses of water for lawful and beneficial uses in a designated ground water area are preserved, and may be continued. However, unless authorized by the board, no existing use may be increased. There is a limited exception for the benefit of municipalities. After the designation of a ground water area, the board requires the owners of preserved uses to file a declaration of those uses. If no declaration is filed within the time allowed, the board may make such determination.90 All or part of a preserved use is extinguished if not used for 4 consecutive years, or for any 5 out of 7 years.91 Application for a permit must be in writing and notice given by publication. Permits may be granted if: (1) Water is available; (2) the proposed use is beneficial; (3) the most beneficial use and de- velopment of the State's water resources will not be impaired by granting the permit; and (4) the proposed permit will not substan- tially and materially interfere with preserved, domestic, or permitted uses. The board may establish classes or permits. Each permit shall be issued for a specified period, not to exceed 50 years, but provision is made for the renewal of permits.92 Each permit issued by the board is subject to the following statu- tory conditions: (1) The water must be used for the beneficial pur- pose described in the permit; (2) the use must not interfere with preserved, domestic, or permitted uses previously made; (3) the use is subject to the shortage and emergency powers of the board; (4) the permit may be suspended or revoked in accordance with the act; and (5) other conditions as the board may establish by rule and regulation to effectuate the act.93 The board may require the relinquishment of a permit upon pay- ment of reasonable compensation if: (1) There are other applicants who would make a more beneficial use of the water and would pro- vide a more complete utilization of the available water; (2) addi- tional permits cannot be granted without acquiring the water use permit because there is no other water supply reasonably available; and (3) the applicants are willing and able to furnish reasonable com- pensation to the permit holder.94 A permit may be revoked for: (1) Any material false statement of fact in the application required by the act; (2) violation of the act; (3) violation of any condition of the permit; and (4) nonuse.95 If a water shortage exists in a designated ground water area, the board, after notice and hearing, may establish rules and regulations governing the use of water, including a system of preferences as designated by the statute.86 88 Hawaii Eev. Stat., sec. 177-13, 177-14. 80 Hawaii Rev. Stat., sec. 177-15, 177-16. 81 Hawaii Rev. Stat, sec. 177-18. M Hawaii Rev. Stat., sec. 177-21 to 177-24, 177-28. 63 Hawaii Rev. Stat., sec. 177-25, 177-26. M Hawaii Rev. Stat., sec. 177-27. oc Hawaii Rev. Stat., sec. 177-29. 80 Hawaii Rev. Stat., sec. 177-33. |
