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HI HB458
Bill
Status
1/24/2011
Primary Sponsor
Angus McKelvey
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AI Summary
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Amends Hawaii Revised Statutes Section 174C-15 to clarify that injured persons may bring actions before circuit courts pursuant to chapter 664 (water rights), with the Commission on Water Resource Management made a party to such actions.
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Modifies Section 664-32 to grant circuit courts immediate jurisdiction over water rights controversies without prior consultation with or review by the Commission on Water Resource Management or other agencies, and without jury intervention.
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Updates Section 664-33 to specify that circuit courts hear water rights controversies based upon written grants or other instruments between private individuals or between private individuals and the State, and requires plaintiffs to provide notice to interested parties.
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Allows administrative fines up to $5,000 for violations of water rights laws, with each day of a continuing offense counted as a separate violation, enforceable through commission action or legal proceedings for damages and attorneys' fees.
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Takes effect upon approval and does not affect rights, duties, or proceedings that began before the effective date.
Legislative Description
Water Rights; Commission of Water Resource Management
Last Action
(H) Referred to WLO, JUD, referral sheet 1
1/24/2011