HomeMy WebLinkAboutORD 1990-060 1988-1992COUNTY OF HAWAII , STATE OF HAWAII
BILL NO. 246
(Draft 2)
ORDINANCE NO. 90 60
AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983, BY ADDING A NEW
CHAPTER RELATING TO WATER USE AND DEVELOPMENT,
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The Hawaii County Code 1983, is hereby amended by
adding a new chapter, relating to water use and development, to be
appropriately numbered and to read as follows:
"Chapter
WATER USE AND DEVELOPMENT
SECTION Purpose. Recognizing that the waters of
the State are held for the benefit of the citizens of Hawaii,
and that such citizens have a right to have those waters
protected for their use, the State Legislature established by
Act 45, Session Laws of Hawaii (SLH) 1987, the State Water
Code, which is intended to address problems relating to the
supply and conservation of water and to serve as a program of
comprehensive water resources planning. As a method of
facilitating this intent, the Code, now codified as
Chapter 174C, Hawaii Revised Statutes, mandates the creation
of a Hawaii water plan which shall be directed toward the
achievement of the following objectives:
LA/HAT
1. The attainment of maximum reasonable-beneficial use
of water;
2. The proper conservation and development of the
waters of the State;
3. The control of the waters of the State for such
public purposes as navigation, drainage, sanitation, and
flood control
4. The attainment of adequate water quality; and
5. The implementation of water resources policies.
Among other things, the Hawaii water plan shall consist
of water use and development plans for each county which
shall be prepared by each separate county. Such water use
and development plans shall set forth the allocation of water
to land use in each particular county and are intended to
serve as technical reference documents on the current and
future water resource conditions on each island.
A Hawaii County water use and development plan has been
prepared under the direction of the Hawaii County Department
of Water Supply. The document is intended to fulfill the
requirements set forth by the State Water Code and includes
the followi
1. The status of water and related land development
including an inventory of existing water uses for domestic,
municipal, and industrial users, agriculture, aquaculture,
hydropower development, drainage, reuse, reclamation,
recharge, and resulting problems and constraints;
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2. An analysis of future land uses, as described in t
Hawaii County General Plan, and related water needs: and
3. Regional plans for water developments including
recommended and alternative plans, costs, adequacy of plans,
and relationship to water resource protection and quality
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Pursuant to the provisions of the State Water Code, each
county water and development plan is required to be adopted
through ordinance by the council of the county to which it
pertains before it may properly be incorporated into the
Hawaii water plan.
SECTION The Hawaii County Water Use and
Development Plan. The Hawaii County Water Use and
Development Plan of December 1989, incorporated herein by
reference, is hereby adopted.
SECTION This ordinance may be amended in the
same manner as any general ordinance.
SECTION Mandatory Plan Review. The Hawaii
County water Use and Development Plan shall be reviewed in
1995 and every fifth year thereafter. The water Commission
of the County of Hawaii shall serve as the plan review
committee. The planning director and the manager of the
department of water supply shall serve as technical advisors
to the plan review committee. The committee shall hold at
least one public hearing in East Hawaii and West Hawaii in
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order to ascertain whether amendments to the plan are
necessary. The committee may propose amendments to the
existing plan and all such proposed amendments shall be
submitted to the council in bill form no later t
December 31, of the plan review year."
SECTION 2. New material is underscored. In printing this
ordinance, the underscoring need not be included.
SECTION 3. If any provision of this ordinance or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUN IL MEMBE , CO N Y OF HAWAII
Hilo, Hawaii
Date of Introduction: April 18, 1990
Date of 1st Reading: April 18, 1990
Date of 2nd Reading: -M-ay 2, 1990
Effective Date: D?ay 10, 1990
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