The State Water Code (HRS Chapter 174C) mandates the preparation and adoption of a water use and development plan by each county as part of the Hawai'i Water Plan.
(Ord. No. 568, April 27, 1990)
As used in this Chapter, unless the context otherwise requires:
means the Board of Water Supply for the County of Kaua'i.
means the Commission on Water Resource Management.
means those plans adopted by ordinance under Chapter 10, Kaua'i County Code 1987.
means the Department of Water for the County of Kaua'i.
means any use of water for individual personal needs and for household purposes such as drinking, bathing, heating, cooking, noncommercial gardening, and sanitation.
means the General Plan adopted by Chapter 7, Kaua'i County Code 1987, setting forth "policies to govern the future physical development of the County."
means any water found beneath the surface of the earth, whether or not in perched, dikeconfined, or basal supply; in underground channels or streams; in standing, percolating, or flowing condition; or under artesian pressure.
means the integrated program of the Commission for the Protection, Conservation, and Management of the Waters of the State, with such amendments, supplements, and additions as may be necessary, mandated by the State Water Code (HRS Chapter 174C).
means a surface drainage area or a groundwater basin or a combination of the two as described in the Hawai'i Water Plan, which shall be determined using the best available information.
means the domestic, industrial, and commercial use of water through public services available to persons of a county for the promotion and protection of their health, comfort, and safety, for the protection of property from fire, and for the purposes listed under the term "domestic use."
means any individual, firm, association, organization, partnership, estate, trust, corporation, company, or any governmental unit.
means the use of water in such quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the State and County land use plans and the public interest.
means both contained surface water (that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, and reservoirs) and diffused surface water (that is, water occurring upon the surface of the ground other than in contained waterbodies). Water from natural springs is surface water when it exits from the spring onto the earth's surface.
means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the Commission.
means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.
means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive groundwater body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well related combination thereof.
(Ord. No. 568, April 27, 1990)
The water use and development plan shall be consistent with (1) the water resource protection and water quality plans of the Hawai'i Water Plan; (2) County land use plans and policies including general plans, community plans and zoning; and (3) State land use classification and policies.
(Ord. No. 568, April 27, 1990)
The County Water Use and Development Plan shall include, but not be limited to: (1) status of County water and related land development including an inventory of existing water uses for domestic, municipal, and industrial users, agriculture, aquaculture, hydropower development, drainage, reuse, reclamation, recharge, and resulting problems and constraints; (2) future land uses and related water needs; and (3) regional plans for water developments including recommended and alternative plans, costs, adequacy of plans, and relationship to the water resource protection plan and water quality plan.
(Ord. No. 568, April 27, 1990)
The Department of Water shall be responsible for the preparation and maintenance of the Kaua'i County Water Use and Development Plan.
(Ord. No. 568, April 27, 1990)
The "Kaua'i Water Use and Development Plan" and "Executive Summary" dated February 1990, is incorporated herein by reference, and is hereby adopted.
(Ord. No. 568, April 27, 1990)
The water use and development plan shall serve as a guideline by agencies or departments of the County (a) in approving or recommending to other agencies the use or commitment of the County's municipal, public water resources, and (b) in using public funds to develop water resources to meet existing or projected future demands on the public water system as set forth in the water use and development plan.
(Ord. No. 568, April 27, 1990)
The Board of Water and the Department of Water shall have the authority to amend the water use and development plan to reflect changes in hydrologic or other scientific information and land use. Amendments for any other reason shall be by ordinance.
(Ord. No. 568, April 27, 1990)
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Chapter shall not affect the validity of any other part of this Chapter which cannot be given effect without such invalid part or parts.
(Ord. No. 568, April 27, 1990)