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Show HAWAII 257 Emergency powers exist in order to protect the public health, safety, and welfare. The board may, among other things, after notice and hearing, establish rules and regulations limiting, apportioning rotating, or prohibiting the use of water in a designated ground water area.97 It does not appear that this legislation has as yet been in- terpreted by the Supreme Court of Hawaii. In addition to the legislation discussed above, Hawaii has a specific statutory provision relating to wells generally. Uncapped and un- regulated wells wasting water are declared to be a public nuisance and any person who permits such a well to waste water is guilty of a misdemeanor. Except as otherwise provided in the statute, no well shall be drilled without first notifying the Board of Land and Na- tural Resources, and a log of the well must be kept by the well driller and this log must be filed with the board. Penalties for violation of the act are provided, but anjr owner of an artesian well may relieve himself of further responsibility therefor by transferring it to the county. The county shall then undertake to cap or control the well. An aggrieved party may appeal any decision of the board to the circuit court.98 Publications Available Institution for Water Resource Research: Water Resources Research Center, 2525 Correa Road, University of Hawaii Honolulu, Hawaii 96822, 808-944-8847. Publications Hutchins, The Hawaiian System of Water Rights (1946). Hawaiian System of Water Rights, 59 Journal of American Water Works Ass'n. (1967). 87 Hawaii Rev. Stat., sec. 177-34. »8 Hawaii Rev. Stat., sec. 178-1 to 178-11. |