HRS §174C-26 Filing of declaration
174C-26. Filing of declaration
(a) Any person making a use of water in any area of the State shall file a declaration of the person's use with the commission within one year from the effective date of rules adopted to implement this chapter.
(b) When the commission requires filing of
declarations by rules, it shall cause public notice of the rule to be given
statewide for filings in the city and county of Honolulu and areawide or
countywide and statewide for filings in counties other than the city and county
of Honolulu. The commission shall also cause notice of the rules to be given
by mail to any person required to file of whom the commission has or could
readily obtain knowledge or who has requested mailed notice to be given when
the commission adopts rules requiring the filing of declarations.
(c) The declarations shall be in such form and
contain such information as the commission by rule prescribes, including the
quantity of water used, the purpose or manner of the use, the time of taking
the water, and the point of withdrawal or diversion of the water. Each
declaration shall contain a statement, signed and sworn to by the person
required to file the declaration, or by some other person duly authorized in
the person's behalf, to the effect that the contents thereof are true to the
best of the person's knowledge and belief.
(d) If no declaration is filed, the
commission, in its discretion, may conclusively determine the extent of the
uses required of declaration.
(e) The commission shall act upon a
declaration within six months after its filing.
[L 1987, c 45, pt of §2; am L
1998, c 2, §42]