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Hawaii Revised Statutes

Haw. Rev. Stat. § 174-2 (2026)

  Definitions

✓ current as of July 2026
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     §174-2  Definitions.  The following terms, whenever used and referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears in the context:

     "Acreage assessments" means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities.

     "Board" means the board of land and natural resources.

     "Government" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them.

     "Land occupier" means the owner or in the case of leased land, the lessee of lands lying within a project organized or to be organized under this chapter.

     "Leased land", "leasehold", and similar expressions wherever used in this chapter shall be deemed to include land subject to and held under lease or other tenancy, purchase or homestead agreement; "lease" wherever used herein means such lease, tenancy, purchase or homestead agreement; "lessor" wherever used herein includes the lessor, landlord, seller, or State as grantor of the homestead; and "lessee" wherever used herein includes the lessee, tenant, purchaser, or homesteader under such lease or other agreement, as the case may be.

     "Project" means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers.

     "Water facility" includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter.

     "Water tolls" means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. [L 1961, c 166, pt of §3; Supp, §86-2; HRS §174-2; am L 1987, c 306, §4]

 

 

Notes of Decisions
Cited in 4 cases, 1966–2012 · leading case: Atlas Elevator Co. v. Presiding Judge of the Circuit Court, 412 P.2d 645 (Haw. 1966).
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Atlas Elevator Co. v. Presiding Judge of the Circuit Court, 412 P.2d 645 (Haw. 1966). · cites it 56× “In 1957, as we shall have occasion to note, section 174-2 was repealed and section 174-1 was amended.”
In re 'Īao Ground Water Mgmt. Area High-Level Source Water Use Permit Applications, 287 P.3d 129 (Haw. 2012). · cites it 2× “Likewise, HRS § 174-2 provides: The [S]tate [W]ater [C]ode shall be liberally interpreted to obtain maximum beneficial use of the waters of the State for purposes such as domestic uses, aquaculture uses, irrigation and other agricultural uses, power development, and commercial…”
Emma Ah Ho v. Cobb, 617 P.2d 1208 (Haw. 1980). · cites it 2× “*554 An “irrigation project” is defined in HRS § 174-2 as an area “established under this [174] chapter.”
Benham v. World Airways, Inc., 253 F. Supp. 588 (D. Haw. 1966). “1955, § 174-2, left a gap in the provisions for service of process in the event a foreign corporation engaged in interstate commerce in Hawaii thereafter absented itself, leaving no officer or managing agent; and that it was not until the passage of S.”
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