Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 9, 1 September 1990 — Protect water rights, file or amend declaration forms now [ARTICLE]

Protect water rights, file or amend declaration forms now

The new state water code passed in 1987 requires any person making a use of water (such as from a well or stream) to file a declaration of that use. The deadline to amend and complete those inihal declarations that were filed is fast approaching. Category 4 declarations, those that were submitted incomplete, must be completed and filed by Oct. 8. Category 2 and 3 declarations, specifically nonconsumptive or instream uses and rights claims, unused existing sources or proposed future uses, must fiLe additional information by Oct. 15. Failure to amend declarations or file additional information may result in a Water Commission denial of certification. Certification is an officially recognīzed description of a water user's use and may be used in resolving water claims and disputes related to water rights and uses. Most declarants received notices from the Department of Land and Natural Resources in April informing them of the additional information required. During the next two months, the Native Hawauan Advisory Council will be assisting its clients to complete their amendments and supplemental information. Other declarants who need assistance mayalso schedule appointments for assistance. NHAC will

be assisting as many as they ean with the time available. For further information, eall 5231445 or write to NHAC, 1088 Bishop Street, Suite 1204, Honolulu, Hawaii 96813, Attn: Declaration Assistance. NHAC is a non-profit corporation committed to educating Hawaiians to protect their water rights. It was recently awarded a $300,000 one-year grant from the Administration for Native Americans (ANA). The grant is for a project to preserve the water rights and uses of Hawaiians under the new state water code. The four objectives of NHAC through this project are: 1) to assist the 817 individuals who filed water use declarations through NHAC to obtain certifications of their water use from the State to protect their water rights and uses; 2) to develop a database of all NHAC declarants' uses, accessible by stream, aquifer, watershed, taxmap key, etc. This is to assert NHAC declarant water rights where competing uses arise and to incorporate Native Hawaiian instream flow uses into the State's permanent instream flow standards; 3) to educate NHAC declarants and the Native Hawaiian community about the state water code and water rights, and 4) to develop a strategy to protect Native Hawaiian water resources.