HomeMy WebLinkAboutBIL 326 Draft 01 2008-2010 J �tv os h1i
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 326
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 29, HAWAII COUNTY CODE 1983 (2005
EDITION), RELATING TO WATER USE AND DEVELOPMENT.
SECTION 1. Purpose. The purpose of this bill is to delete sections of Chapter 29,
Hawai`i County Code, which are reiterations and summaries of those provisions already
contained in the State Water Code (Hawai`i Revised Statutes Chapter 174C), adopt the updated
Hawai`i County Water Use and Development Plan, and amend the provisions regarding the
future updating of the Hawai`i County Water Use and Development Plan.
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 3. Chapter 29, Hawai`i County Code 1983 (2005 Edition), is amended to read
as follows:
Section 29 -1. Purpose.
The State Water Code, Chapter 174C, Hawai`i Revised Statutes, mandates the
preparation and adoption of a water use and development plan by each County for
incorporation into the Hawai`i water plan. The contents of the County water use and
development plan is dictated by Chapter 174C. The purpose of this chapter is to comply
with the dictates of Chapter 174C and adopt the Water Use and Development Plan.
[(a)Recognizing that the waters of the State are held for the benefit of thc citizens of
Hawai`i, and that such citizens have a right to have those waters protected for their
use, thc State Legislature established by Act 45, Session Laws of Hawai`i (SLH)
1987, the State water code, which is intended to address problems relating to the
chapter 171C, Hawai`i Revised Statutes, mandates the creation of a Hawai`i water
(1) The attainment of maximum r asonablc 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;
(5) The implementation of water resources policies.
(b) Among other things, the Hawai`i water plan shall c: • • . - . - . .
use in ach particular county and arc intended to serve as technical reference
documents on the current and future water resource conditions on ch island.
(c) A Hawai`i County water use and development plan has been prepared under the
direction of the Hawai`i County department of water supply. The document is
intended to fulfill the requirements set forth by the State water code and includes the
f'
(1) The status of water and related land development, including an inventory of
existing water uses for domestic, municipal, and industrial users, agriculture,
(2) An analysis of future land uses, as described in the Hawai`i 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 plan.
(d) Pursuant to the provisions of the State water code, each county water and
county to which it pertains before it may properly be incorporated into the Hawai`i
water plan.]
Section 29 -2. Adoption of The Hawaii County [ w]Water [u-}Use and
[ d]Development [p]Plan.
The Hawai`i County [w]Water [n]Use and [d]Development [p]Plan of [per
1989,] August 2010, incorporated herein by reference, is hereby adopted[:], and any
revision, amendment or modification of the same, pursuant to section 29 -3 of this
chapter, shall be deemed a part of the plan without further adoption or amendment to this
chapter and shall be incorporated into this chapter by reference.
Section 29 -3. Amendments.
- . .- . ]
The Department of Water Supply, acting through its Water Board, shall have the
authority to amend the Water Use and Development Plan. In amending the plan, the
Water Board shall hold one public hearing in East Hawai`i and one public hearing in
West Hawai`i. The Water Board shall transmit the proposed revisions or amendments to
the council. Within forty -five (45) days of receipt of a proposed amendment, the council
shall act upon the amendment. If the council fails to act within the forty -five (45) days,
the amendment shall be deemed approved.
Section 29.4. [ ] Plan Review.
department of water supply shall serve as technical advisors to the plan review
amendments shall be submitted to the council in bill form no later than December 31, of
the plan review y r.]
The Hawai`i County Water Use and Development Plan shall be reviewed as
required by the State Water Code (Chapter 174C, Hawai`i Revised Statutes).
SECTION 4. Severability. 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 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
Pr FFr ' : Comm. 1004