Report Title:
Water Conservation; Golf Course Irrigation
Description:
Prohibits use of potable water to irrigate new golf courses effective 7/1/10, except where there is no reasonably available source of nonpotable water or use of nonpotable water poses a threat to public health and safety or other surface and ground water uses. Defines potable and nonpotable water. Emphasizes role of nonpotable water in programs for the development, conservation, protection, control, and regulation of water resources. (HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1627 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WATER CONSERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sixty-six per cent of Oahu's sustainable daily groundwater yield of four hundred forty-six million gallons is allocated to current agricultural, commercial, industrial, residential, and other uses. Based upon current forecasts, all but two per cent, or ten million gallons, of that sustainable yield will have been allocated by the year 2020. That leaves precious little yield in reserve should there be a sudden increase in demand or sudden decrease in production capacity.
The legislature also finds that it currently is the policy of this State to engage in comprehensive water resource planning in order to address the problems of supply and conservation. However, more needs to be done to ensure that only nonpotable water is used for purposes that require only nonpotable water and that the maximum amount of potable water is available for uses that require potable water. One source of nonpotable water is ground water produced by wells drawing water from below the underground injection control line of aquifers that also produce potable water. Another source of nonpotable water is recycled water, including treated sewage effluent, but requiring use of recycled water is limited by the infrastructure available for its production and distribution and the cost of acquiring it.
The purpose of this Act is to declare that it is the policy of this State that the use of potable water should be limited wherever possible to personal use in homes and businesses, to ensure that an adequate supply of potable water will be available for current and future needs, to maximize the use of nonpotable water and recycled water wherever possible, and to prohibit the use of potable water to irrigate golf courses except where necessary to protect other water resources or the public health and safety.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342D- Irrigation of golf courses; use of potable water prohibited; exemption. (a) Effective January 1, 2010, all new golf courses shall be irrigated only with nonpotable water. Potable water shall not be used for golf course maintenance or operation, other than as water for human consumption.
(b) The department may exempt a golf course operator from the requirement that nonpotable water shall be used for irrigation if:
(1) There is a threat to existing water quality or to public health and safety, as determined by the department;
(2) A source of nonpotable water will not be reasonably available in the near future as determined by the county in which the golf course is located; or
(3) There is a serious threat to permitted ground or surface water uses as determined by the department.
(c) The counties, in consultation with the boards of water supply, the department, and the commission on water resource management, shall adopt appropriate provisions by ordinance that facilitate distribution and use of nonpotable water for golf course irrigation. The ordinances shall provide appropriate protections for existing water resources and the health and safety of the public.
(d) For purposes of this section:
"Ground water" has the same meaning defined in section 174C-3.
"Nonpotable water" means recycled water and groundwater extracted from wells that draw from below the underground injection control line of an aquifer and that contains chlorides in excess of the level, or which can not be disinfected to standards, set by administrative rules adopted by the department and excludes surface water.
"Potable water" means:
(1) Surface water that has been treated and satisfies standards set by administrative rules adopted by the department; and
(2) Groundwater that contains chlorides at a level, and which can be disinfected to standards, set by administrative rules adopted by the department.
"Surface water" has the same meaning defined in section 174C-3.
"Well" has the same meaning defined in section 174C-3."
SECTION 3. Section 174C-5, Hawaii Revised Statutes, is amended to read as follows:
"§174C-5 General powers and duties. The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission:
(1) Shall carry out topographic surveys, research, and investigations into all aspects of water use and water quality;
(2) Shall designate water management areas for regulation under this chapter where the commission, after the research and investigations mentioned in paragraph (1), shall consult with the appropriate county council and county water agency, and after public hearing and published notice, finds that the water resources of the areas are being threatened by existing or proposed withdrawals of water;
(3) Shall establish an instream use protection program designed to protect, enhance, and reestablish, where practicable, beneficial instream uses of water in the State;
(4) May contract and cooperate with the various agencies of the federal government and with state and local administrative and governmental agencies or private persons;
(5) May enter, after obtaining the consent of the property owner, at all reasonable times upon any property other than dwelling places for the purposes of conducting investigations and studies or enforcing any of the provisions of this code, being liable, however, for actual damage done. If consent cannot be obtained, reasonable notice shall be given prior to entry;
(6) Shall cooperate with federal agencies, other state agencies, county or other local governmental organizations, and all other public and private agencies created for the purpose of utilizing and conserving the waters of the State, and assist these organizations and agencies in coordinating the use of their facilities and participate in the exchange of ideas, knowledge, and data with these organizations and agencies. For this purpose the commission shall maintain an advisory staff of experts;
(7) Shall prepare, publish, and issue such printed pamphlets and bulletins as the commission deems necessary for the dissemination of information to the public concerning its activities;
(8) May appoint and remove agents and employees including hearings officers, specialists, and consultants necessary to carry out the purposes of this chapter, who may be engaged by the commission without regard to the requirements of chapter 76 and section 78-1;
(9) May acquire, lease, and dispose of such real and personal property as may be necessary in the performance of its functions, including the acquisition of real property for the purpose of conserving and protecting water and water related resources as provided in section 174C-14;
(10) Shall identify, by continuing study, those areas of the State where salt water intrusion is a threat to fresh water resources and report its findings to the appropriate county mayor and council and the public;
(11) Shall provide coordination, cooperation, or approval necessary to the effectuation of any plan or project of the federal government in connection with or concerning the waters of the State. The commission shall approve or disapprove any federal plans or projects on behalf of the State. No other agency or department of the State shall assume the duties delegated to the commission under this paragraph; except that the department of health shall continue to exercise the powers vested in it with respect to water quality, and except that the department of business, economic development, and tourism shall continue to carry out its duties and responsibilities under chapter 205A;
(12) Shall plan and coordinate programs for the development, conservation, protection, control, and regulation of water resources, including nonpotable water, based upon the best available information, and in cooperation with federal agencies, other state agencies, county or other local governmental organizations, and other public and private agencies created for the utilization and conservation of water;
(13) Shall catalog and maintain an inventory of all water uses and water resources; and
(14) Shall 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."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.