HomeMy WebLinkAbout2003-08-20_Acceptance_of_Water_Systems 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).
Milton D. Pavao, Manager
August 20, 2003
Page 2
If you have any further questions, please do not hesitate to contact me.
Sincerely,
n
KATHERINE A. GARSON
Deputy Corporation Counsel
KAGfc
s:\dept\dws\misc\1tr to mpavao re 03-6136\8-20-03\KAGfc.doc