HomeMy WebLinkAboutBIL 326 Draft 02 2008-2010 �;MtY Oi M.,
COUNTY OF HAWAII - •��� " / STATE OF HAWAII
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BILL NO. 326
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 29, HAWAII COUNTY CODE 1983 (2005
EDITION), RELATING TO WATER USE AND DEVELOPMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this bill is to delete sections of Chapter 29,
Hawaii 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 Hawaii 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 Material to be repealed is bracketed and stricken.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, article 1, section 29 -1 through section 29 -4, of the Hawai`i
County Code 1983 (2005 Edition, as amended) are amended to read as follows:
"Section 29 -1. Purpose.
The State water code, chapter 174C, Hawaii Revised Statutes, mandates the
preparation and adoption of a water use and development plan by each County for
incorporation into the Hawaii water plan. The contents of the County water use and
development plan are 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 the citizens of
chapter 171C, Hawaii Revised Statutes, mandates the cr ation of a Hawai`i water
plan which shall be directed toward thc achiev- •• - - - - . • - :.. - • :
(1) The attainment of maximum reasonable beneficial use of water;
(2) The proper conservation and development of the waters of the State;
drainage, sanitation, and flood control;
(1) The attainment of adequate water quality; and
(5) The implementation of water resources policies.
(b) Among other things, the Hawai`i water plan shall consist of water use and
development plans for ach county which shall be prepared by each separate county.
Such water use and development plans shall sct f: - - • • - •. :
use in cach particular county and are intended to serve as technical reference
documents on the current and future water resource conditions on coach island.
(c) A Hawai`i County water use and development plan has been prepared under the
intended to fulfill the requirements sct forth by the State water code and includes the
fallowing
existing water uses for domestic, municipal, and industrial users, agriculture,
and resulting problems and constraints;
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, ach county water and
.. .. • . .. . :: : hrough ordinance by the council of the
county to which it pertains before it may properly be incorporated into thc Hawai`i
water plan.]
Section 29 -2. Adoption of [The] the Hawaii County water use and development
plan.
The Hawaii County water use and development plan of [December 1989,]
August 2010, incorporated herein by reference, is hereby adopted[.. -], and any revision,
amendment, or modification of the same, pursuant to section 29 -3, 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.
- . . . :cneral ordinance.]
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 days of receipt of a proposed amendment, the council shall act
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upon the amendment. If the council fails to act within the forty -five days, the amendment
shall be deemed approved.
Section 29.4. [Mandatory-plan-review.] Plan review.
[The Hawai`i County water use and development pla . - • - • - • -
and every fifth year thereafter. The water commission of the County of Hawai`i shall •
committee. The committee . - . • . • - . • - - - • - • • `
the plan review year.]
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 HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
Ri_FERENCEI Comm:
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