§174C-45 Surface water criteria for designation. In designating an area for water use regulation, the commission shall consider the following:

(1) Whether regulation is necessary to preserve the diminishing surface water supply for future needs, as evidenced by excessively declining surface water levels, not related to rainfall variations, or increasing or proposed diversions of surface waters to levels which may detrimentally affect existing instream uses or prior existing off stream uses;

(2) Whether the diversions of stream waters are reducing the capacity of the stream to assimilate pollutants to an extent which adversely affects public health or existing instream uses; or

(3) Serious disputes respecting the use of surface water resources are occurring. [L 1987, c 45, pt of §2]

Case Notes

Commission did not err in regulating the Waiahole Ditch infrastructure as a unified system as independent designation of water management areas does not preclude consolidated regulation where a water delivery system draws water from several different water management areas and the consolidated regulation of a single diversion works comports entirely with the commission's function of comprehensive water planning and management. 94 H. 97, 9 P.3d 409.

Given the undisputed direct interrelationship between the surface and ground waters in the Waiahole Ditch case, the designation of Windward Oahu as a ground water management area subjects both ground and surface water diversions from the designated area to the statutory permit requirement. 94 H. 97, 9 P.3d 409.