Report Title:

Well Construction Permits; Moratorium

Description:

Establishes a moratorium on the issuance of permits for well construction on certain agricultural lands.

HOUSE OF REPRESENTATIVES	H.B. NO.	2355
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WELLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to place a moratorium on the issuance of permits for the construction of wells intended to serve agricultural land parcels that are likely to be "fake farms" or "gentleman estates".

     The moratorium shall end when the first designation of "important agricultural land" is made by the land use commission pursuant to sections 205-41 to 205-52, Hawaii Revised Statues.  The legislature finds that, when the designation is made, the State will have made significant progress in resolving the issue of the appropriate use of agricultural land.

     SECTION 2.  For the purposes of this Act:

     "Agricultural land" means land in the agricultural district under chapter 205, Hawaii Revised Statutes.

     "Commission" means the commission on water resource management.

     "Domestic use" means the same as defined under section 174C-3.

     "Important agricultural land" means the same as defined under section 205-42.

     "Installation of pumps and pumping equipment" for a well means the same as defined under section 174C-81.

     "Termination date" means the date on which the first designation of "important agricultural land" is made by the land use commission under chapter 205, Hawaii Revised Statutes.

     "Well construction" means the same as defined under section 174C-81, Hawaii Revised Statutes.

     SECTION 3. (a)  Notwithstanding chapter 174C, part VII, Hawaii Revised Statutes, or any other law to the contrary, from July 1, 2008, until the termination date, the commission on water resource management shall not issue a permit for the construction of a well that is intended to provide water for domestic use to at least one parcel of agricultural land that:

     (1)  Is five acres or less in size; and

     (2)  Has or will have a dwelling on the parcel of agricultural land.

     (b)  Subsection (a) shall not apply to a permit for well construction, the application for which is pending on June 30, 2008.

     (c)  Subsection (a) also shall not apply to a permit for the installation of pumps or pumping equipment for a well existing on June 30, 2008 or subject to subsection (b).

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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