Na Wai Eha Appurtenant Rights
The Commission has the legal authority to determine Appurtenant rights pursuant to HRS § 174C-5(15) which provides that, in addition to its other powers and duties, the Commission "[s]hall determine Appurtenant water rights, including quantification of the amount of water entitled to by that right, which determination shall be valid for purposes of this chapter." This obligation derives from Common law and from Hawaii Constitution Article XI, Section 7. The Commission is also authorized to issue water use permits in regulated water management areas pursuant Hawaii Revised Statutes Chapter 174C, Part IV Regulation of Water Use.
Land areas affected by the current Appurtenant rights determination are located in the Wailuku District (Waihee, Waiehu, Iao and Waikapu), Na Wai Eha Surface Water Management Areas, Maui (see map below). They 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.
|Aug. 15, 2012||The Commission approved to delegate authority to the Chairperson to appoint a Hearings Officer to handle the Appurtenant rights claims for Surface Water Use Permit Applications in the Na Wai Eha Surface Water Management Areas, Maui. In this matter, the appointed Hearings Officer shall hear the legal and material evidence pertaining to the applications for appurtenant rights claims to which objections have been received and make appropriate recommendations to the Commission.
Staff submittal: Delegation of Authority to the Chairperson to Appoint a Hearings Officer for Appurtenant Rights Claims
|Sep. 27, 2011||The Commission approved a process for noticing, recognizing, and determining Appurtenant rights. The three-step process is summarized as follows: 1) Notice to potential claimant of the Commission's intent to process and recognize claims for Appurtenant rights as part of the surface water use permitting process; 2) Determination of Appurtenant rights; and 3) Quantification of Appurtenant rights. For a more detailed explanation of the process, view the staff submittal below.
Staff Submittal: Process for Determining Appurtenant Rights
Appurtenant rights claims and any supporting documentation received by the Commission, to date, can be viewed by clicking on the hyperlinks in the August 24, 2012 Public Notice above.
Written objections may be filed by any person or entity with a legal or material interest in the Appurtenant rights claim using the form (Form APRT-OBJ) provided by the Commission. Written objections shall address and provide (as applicable): 1) documentation demonstrating that the parcel was not used as a residence or for cultivation at the time of the Mahele; 2) documentation demonstrating that the Appurtenant right has been reserved or extinguished; and 3) evidence suggesting there are materially false statements or representations in the application.
Any person filing objections must serve copies of the written objections on the applicant at the address provided and on the Commission at Commission on Water Resource Management, P.O. Box 621, Honolulu, HI 96809. Applicants will be given the opportunity to submit a brief in support of their application / rebuttal to the written objections.