HRS 0174C-0071 ANNOTATIONS

Commission's designation of water otherwise available for instream purposes as a "nonpermitted ground water buffer" that the commission could use to satisfy future permit applications without amending the interim instream flow standards for windward streams was not authorized by the code, offended the public trust, and the spirit of the instream use protection scheme. 94 H. 97, 9 P.3d 409.

In requiring the commission to establish instream flow standards at an early planning stage, the code contemplates the designation of the standards based not only on scientifically proven facts, but also on future predictions, generalized assumptions, and policy judgments; thus neither the Hawaii constitution nor the code constrains the commission to wait for full scientific certainty in fulfilling its duty towards the public interest in minimum instream flows. 94 H. 97, 9 P.3d 409.

Petitions for interim instream flow standard amendments are not among the water use permit applications "competing" under §174C-54; this section, relating to instream use protection, operates independently of the procedures for water use regulation outlined in part IV. 94 H. 97, 9 P.3d 409.

The code allows the amendment of interim instream flow standards. 94 H. 97, 9 P.3d 409.