2003-08-20_Acceptance_of_Water_Systems

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Harry Kim `u• �'� I.lacoln S.T.Ash[da Mayor Corporation Counsel '.l••• ' Gerald Takase & P Assistant Corporation Counsel (ffvUUfV Of'Fttfunii OFFICE OF THE CORPORATION COUNSF4 101 Aupuni Street, Suite 325 •Hilo,Hawaii 967204262-(808)961-8251-FAX(808)96t-8622 August 20, 2003 Milton D. Pavao,Manager Department of Water Supply 345 Kekuana6`a Street, Suite 20 Hilo,Hawaii 96720 Dear Milton: RE: Your August 14,2003,Inter-Departmental Work Request regarding acceptance of water systems Corporation Counsel Work Control No. 03-6136 On August 14, 2003,you requested an opinion from me regarding whether the Department of Water Supply("DWS")is compelled to accept any and all water systems which are proposed for dedication to the Water Board, and if so,under what law. The short answer to your question is that the Water Board need not accept all water systems which are proposed for dedication to the Water Board. According to Rule 4-10 of DWS Rules and Regulations, as a condition precedent to connecting a development water system to the public system,the developer is supposed to dedicate or convey the water system to the Board. However,the Board may refuse to accept dedication or conveyance if the DWS is of the opinion that the operation and maintenance of the facilities are not in the best interest of the DWS and the County. Additionally, I could not find any statutory authority that would compel the DWS to accept a water system if it did not want to do so. This is contrary to the situation involving roads,alleys, streets,bikeways,ways, lanes,trails,bridges or highways, which if constructed and completed in accordance with the applicable standards,the County Council is required to accept without the exercise of discretion. H.R.S. §264-1(c).