PUBLIC NOTICE
To Announce the
DESIGNATION OF THE SURFACE WATER HYDROLOGIC UNITS OF
WAIHEE, WAIEHU, lAO and WAIKAPU STREAMS (NA WAI EHA) AS
SURFACE WATER MANAGEMENT AREAS
By the
COMMISSION ON WATER RESOURCE MANAGEMENT
The Commission on Water Resource Management (Commission), on March 13,2008,
designated the surface water hydrologic units of Na Wai Eha in the Wailuku District of Maui, as
Surface Water Management Areas, in accordance with Part IV (Regulation of Water Use) of
the State Water Code, Chapter 174C, Hawaii Revised Statutes, and Title 13, Chapter 171
(Designation and Regulation of Water Management Areas), Hawaii Administrative Rules.
The State Water Code authorizes the Commission to designate water management areas for
surface water use regulation where the Commission, after research and investigations, and
consultation with the appropriate county mayor, county council, and county water agency, and
after public hearing and published notice, finds that serious disputes respecting the use of
surface water resources are occurring.
The land areas affected by the designation are located in the Wailuku District of Maui and
include Tax Map Keys from: (2) 3-1-006:001 to (2) 3-8-087:093 and from (2) 4-1-001 :017 to (2)
4-8-001 :002 (see map).
In any water management area, no person shall make any withdrawal, diversion,
impoundment, or consumptive use of water without first obtaining a water use permit from the
Commission. However, no water use permit shall be required for domestic consumption of
water by individual users, users on any Maui Department of Water Supply water system, and
for the use of rain catchment systems to gather water.
Applications for water use permits to continue existing uses of surface water must be made
within a period of one year from the effective date of designation, that is, between April 30,
2008 (the date this Public Notice is pUblished) and no later than April 30, 2009. The
Commission shall send notices to existing users who had declared their uses and/or registered
stream diversions with the Commission and to persons who have obtained stream diversion
works permits from the Commission, to file for applications for water use permits to continue
their existing uses.
Except for appurtenant rights, failure to apply within this period creates a presumption of
abandonment of the use, and the user, if the user desires to revive the use, must apply for a
permit as a proposed new use. A proposed new user of surface water must apply for a water
use permit and will be SUbject to the availability of surface water as determined by existing
surface water use permits and the interim instream flow standards for Na Wai Eha.
Application forms for surface water use permits are available at the Department of Land and
Natural Resources, Commission on Water Resource Management, Kalanimoku Building,
Room 227,1151 Punchbowl Street, Honolulu, HI 96813, or may be downloaded from the
Commission’s website at: htlp://hawaii.fiIov/dlnr/cwrm/forms.htm. If you have any questions
regarding surface water use permit applications, please call the Commission’s Stream
Protection and Management Branch at (808) 587-0234, or toll-free from Maui at 984-2400
extension 70234.
COMMISSION ON WATER RESOURCE MANAGEMENT
LAURA H. Chairperson
KEN C. KAWAHARA, Deputy Director
Dated: April 10, 2008~