Bill Text: HI SB492 | 2010 | Regular Session | Introduced
Bill Title: Instream Uses of Water
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-22 - (S) The committee on WTL deferred the measure. [SB492 Detail]
Download: Hawaii-2010-SB492-Introduced.html
Report Title:
Instream Uses of Water
Description:
Expands the considerations of the commission on water resource management to include noninstream uses of water and the instream uses in context of the geographic region in determining instream flow standards.
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THE SENATE |
S.B. NO. |
492 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 174C-71, Hawaii Revised Statutes, is amended to read as follows:
"§174C-71 Protection of instream uses. The commission shall establish and administer a statewide instream use protection program. In carrying out this part, the commission shall cooperate with the United States government or any of its agencies, other state agencies, and the county governments and any of their agencies. In the performance of its duties the commission shall:
(1) Establish instream flow standards on a stream-by-stream basis whenever necessary to protect the public interest in waters of the State;
(A) The commission, on its own motion, may determine that the public interest in the waters of the State requires the establishment of an instream flow standard for streams;
(B) In acting upon the establishment of instream flow standards, the commission shall set forth in writing its conclusion that the public interest does or does not require, as is appropriate, an instream flow standard to be set for the stream, the reasons therefor, and the findings supporting the reasons;
[(C) Each instream flow standard
shall describe the flows necessary to protect the public interest in the
particular stream. Flows shall be expressed in terms of variable flows of
water necessary to protect adequately fishery, wildlife, recreational,
aesthetic, scenic, or other beneficial instream uses in the stream in light of
existing and potential water developments including the economic impact of
restriction of such use;]
(C) In establishing instream flow standards, the commission shall consider all streams within a geographical region and shall describe how the instream flow standards for the streams in the region, in combination, adequately protect fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses, as well as address important noninstream uses;
(D) Establishment or modification of an
instream flow standard shall be initiated by the commission by providing notice
of its intention to set an instream flow standard in a newspaper of general
circulation published in the vicinity of the stream in question, to the mayor
of the appropriate county, and to persons who have previously requested [such]
notice in writing;
(E) After giving notice of its intention to
set an instream flow standard, the commission or other agencies in
participation with the commission shall investigate the stream. During the
process of this investigation, the commission shall consult with and consider
the recommendations of the department of health, the aquatic biologist of the
department of land and natural resources, the natural area reserves system
commission, the University of Hawaii cooperative fishery unit, the United
States Fish and Wildlife Service, the mayor of the county in which the stream
is located, and other agencies having interest in or information on the stream,
and may consult with and consider the recommendations of persons having
interest in or information on the stream. In formulating the proposed
standard, the commission shall weigh the importance of the present or potential
instream values with the importance of the present or potential uses of water
from the stream for noninstream purposes, including the economic impact of
restriction of [such] the uses[.] and shall consider
how instream flow standards for all streams within a geographic region, in
combination, can best obtain maximum beneficial uses of the waters of the State.
In order to avoid or minimize the impact on existing uses of preserving,
enhancing, or restoring instream values, the commission shall consider physical
solutions, including water exchanges, modifications of project operations,
changes in points of diversion, changes in time and rate of diversion, uses of
water from alternative sources, or any other solution;
(F) Before adoption of an instream flow standard or modification of an established instream flow standard, the commission shall give notice and hold a hearing on its proposed standard or modification;
(2) Establish interim instream flow standards;
(A) Any person with the proper standing may
petition the commission to adopt [an] interim instream flow [standard]
standards for streams in order to protect the public interest pending
the establishment of [a] permanent instream flow [standard;] standards;
(B) Any interim instream flow standard adopted
under this section shall terminate upon the establishment of [a]
permanent instream flow [standard] standards for the stream on
which the interim standards were adopted;
(C) A petition to adopt [an] interim
instream flow [standard] standards under this section shall set
forth data and information concerning the [need to protect and conserve]
protection and conservation of beneficial instream uses of water and
the impact of noninstream uses of water in the context of all streams within a
geographic region, and any other relevant and reasonable information
required by the commission;
(D) In considering a petition to adopt [an]
interim instream flow [standard,] standards, the commission shall
weigh the importance of the present or potential instream values with the
importance of the present or potential uses of water for noninstream purposes,
including the economic impact of restricting [such] uses[;], and
shall consider how instream flow standards for all streams within a geographic
region, in combination, can best obtain maximum beneficial uses of the waters
of the State;
(E) The commission shall grant or reject a
petition to adopt [an] interim instream flow [standard] standards
under this section within one hundred eighty days of the date the petition is
filed. The one hundred eighty days may be extended a maximum of one hundred
eighty days at the request of the petitioner and subject to the approval of the
commission;
(F) Interim instream flow standards may be adopted on a stream-by-stream basis or may consist of a general instream flow standard applicable to all streams within a specified area;
(3) Protect stream channels from alteration whenever practicable to provide for fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses;
(A) The commission shall require persons to obtain a permit from the commission prior to undertaking a stream channel alteration; provided that routine streambed and drainageway maintenance activities and maintenance of existing facilities are exempt from obtaining a permit;
(B) Projects which have commenced construction or projects reviewed and approved by the appropriate federal, state, or county agency prior to July 1, 1987, shall not be affected by this part;
(C) The commission shall establish guidelines for processing and considering applications for stream channel alterations consistent with section 174C-93;
(D) The commission shall require filing fees by users to accompany each application for stream channel alteration;
(4) Establish an instream flow program to protect, enhance, and reestablish, where practicable, beneficial instream uses of water. The commission shall conduct investigations and collect instream flow data including fishing, wildlife, aesthetic, recreational, water quality, and ecological information and basic streamflow characteristics necessary for determining instream flow requirements.
The commission shall implement its instream flow standards when disposing of water from state watersheds, including that removed by wells or tunnels where they may affect stream flow, and when regulating use of lands and waters within the state conservation district, including water development."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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