Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 174C
Hawaii Revised Statutes

Haw. Rev. Stat. § 174C-27 (2026)

] Issuance of certificate

✓ current as of July 2026
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     [§174C-27]  Issuance of certificate.  (a)  When a declaration has been filed in accordance with this section and the commission has determined that the use declared is a reasonable, beneficial use, the commission shall issue a certificate describing the use.  The certificate shall be deemed to constitute a description of the use declared.  With respect to certificates for water use, the confirmed usage shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.

     (b)  The commission shall hold a hearing upon the request of any person adversely affected by the certification or the refusal to certify any water use.

     (c)  Whenever a certified use of water is terminated, the owner of the certificate shall file a report with the commission, providing all information prescribed in the rules of the commission. [L 1987, c 45, pt of §2]

 

Case Notes

 

  The rule of correlative rights applies to all ground waters of the State.  94 H. 97, 9 P.3d 409 (2000).

  Where petitioners did not establish any "existing" correlative uses, under the controlling water code permitting provisions, they had no superior "right" to a permit.  94 H. 97, 9 P.3d 409 (2000).

 

 

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: In Re Water Use Permit Applications, 9 P.3d 409 (Haw. 2000).
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In Re Water Use Permit Applications, 9 P.3d 409 (Haw. 2000). · cites it 3× “HRS § 174C-27, for example, provides that the existing usage validated in certificates issued by the Commission “shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.”
— Haw. Rev. Stat. § 174C-27(a) — 1 case
In Re Water Use Permit Applications, 9 P.3d 409 (Haw. 2000). “HRS § 174C-27, for example, provides that the existing usage validated in certificates issued by the Commission “shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.”
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