HRS 0174C-0049 ANNOTATIONS

Permit applicants must demonstrate their actual needs and, within the constraints of available knowledge, the propriety of draining water from public streams to satisfy those needs. 94 H. 97, 9 P.3d 409.

The "reasonable-beneficial use" standard and the related criterion of "consistent with the public interest" demand examination of the proposed use not only standing alone, but also in relation to other public and private uses and the particular water source in question; thus, permit applicants requesting water diverted from streams must duly take into account the public interest in instream flows. 94 H. 97, 9 P.3d 409.

Waiahole Ditch water use permittees being required to fund subsequent stream studies and monitoring activities was not an illegal "tax" where the studies directly benefited permittees by helping them prove as required under this section that their uses were "reasonable-beneficial" and "consistent with the public interest" and by also allowing them exclusive use of public resources in the interim, despite the present absence of such proof. 94 H. 97, 9 P.3d 409.

Where permit applicant failed to obtain development plan approval, commission did not err in denying permit request and requiring compliance with county zoning classifications. 94 H. 97, 9 P.3d 409.