§174-5 Powers. (a) In addition to all the powers granted to the board of land and natural resources in chapter 171 for the purpose of carrying out all of its functions and duties, the board shall have the following powers for the purposes of this chapter:

(1) To acquire by eminent domain, water and water sources either above or underground, watershed, reservoir sites, rights-of-way over lands and property for paths, trails, roads, and landing sites, ditches, tunnels, flumes, reservoirs, and pipelines necessary or proper for the construction and maintenance of water facilities for conveying, distributing, and transmitting water for domestic use and for such other purposes as may properly fall within the scope of its activities in creating, managing, controlling, operating, and maintaining water facilities, any of which purposes shall be held to be for a public use and purpose;

(2) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the board, including, without prejudice to the generality of the foregoing, contracts and other instruments for the purchase or sale of water and for the purchase or lease of water facilities for the overall economic development of the area, including but not limited to the land on which the facilities are situated, and for securing to the owners and occupiers of land already using water in a project a priority right to so much water from those of their sources and facilities which are taken over for the project as is required for the purposes or needs of the land, as such purposes or needs exist at the inception of the project or are then contemplated in the immediate future;

(3) To make and from time to time amend and repeal bylaws and rules not inconsistent with this chapter, which upon compliance with chapter 91 shall have the force and effect of law, to carry into effect the powers and purposes of the board;

(4) To make surveys for the purpose of determining the engineering and economic feasibility of each project;

(5) To conduct feasibility studies of the economic potential of the area;

(6) To determine the probable costs and value of providing water for economic development in any proposed project;

(7) To investigate and make surveys of water resources, including the possibility and feasibility of inducing rain by artificial or other means;

(8) To define and redefine the boundaries of projects and to consolidate or separate projects, existing or proposed pursuant to this chapter, provided that in the event the redefinition of the boundaries of or the consolidation or separation previously effected increases the total amount required to be derived from acreage assessments upon lands within the existing project or projects by more than five per cent or will require an increase in the tolls charged for water supplied to the lands or will reduce the amount of water normally available for distribution to the lands, then the redefinition, consolidation, or separation may be accomplished only after notice has been published and a public hearing held as required for the formation of a project upon the initiative of the board.

At the hearing, right to protest and the procedure relative to protest shall be the same as specified in section 174-17 concerning the formation of projects, and the proposed redefinition of boundaries, consolidation, or separation of projects shall not be accomplished if protests, such as would be sufficient to prevent the action if it were the formation of a project, are filed by owners and lessees of land within the existing project or projects affected thereby.

(b) The board is empowered, upon petition of land occupiers as provided by section 174-13, or upon petition of the Hawaiian homes commission or upon its own initiative, to prepare detailed plans for the acquisition or construction of facilities for economic development which in its opinion are economically feasible, to prepare estimates of the probable cost of each, and to prepare estimates of the water tolls and acreage assessments required for the cost of operation and the amortization of the investment of each project, so that the project shall be self-supporting. [L 1961, c 166, pt of §3; am L 1965, c 96, §58; Supp, pt of §86-5; HRS §174-5; am L 1987, c 306, §6]

Cross References

Acquisition of real property, attorney general's approval, see §107-10.

Case Notes

Board's powers generally and under Small Reclamation Project Act of 1956. 506 F.2d 572.