A. Legal Authority

• Chapter 174C, HRS, State Water Code
• Title 13, Subtitle 7, Chapter 168, HAR, Water Use, Wells, and Stream Diversion Works, as amended

Information:

• https://files.hawaii.gov/dlnr/cwrm/regulations/Code174C.pdf
• https://files.hawaii.gov/dlnr/cwrm/regulations/13-168.pdf

B. Purpose

The purpose of the Well Construction and Pump Installation Permit is to regulate the use and withdrawal of water to assure the maximum and beneficial use of the ground and surface waters of the state.

C. Applicability to Aquaculture

Land-based aquaculture can require the construction of a new, or use of an existing, well to provide water. Statewide, no well can be constructed, altered or repaired and no pump or pumping equipment can be installed without the issuance of a Well Construction or Pump Installation Permit, respectively. The requirement to obtain a permit extends to all areas of the state including a designated Water Management Area (see also Water Use Permit section). All well and pump installations must be operated so as to ensure the prevention of waste and the prevention of contamination of ground water aquifers. All wells must be constructed to meet at least the minimum standards specified in §13-168- 13, HAR, which include the standards in Volume I, Part III, Section 5, of the publication entitled, “Water System Standards,” State of Hawaiʻi, 1985, adopted by the counties and in the “American Water Works Association Standards” (ANSI/AWWA E10177).

D. Administering Agency

The Commission on Water Resource Management is responsible for administering and granting the Well Construction and Pump Installation Permits.

Commission on Water Resource Management
Department of Land and Natural Resources
State of Hawaiʻi
1151 Punchbowl Street, Room 227
Honolulu, Hawaiʻi 96813
Phone: 808-587-0214
Fax: 808-587-0219
E-mail: dlnr.cwrm@hawaii.gov
Web site: http://hawaii.gov/dlnr/cwrm/resources_permits.htm

E. Information Requirements

In addition to a completed application form, which can be obtained on the web site above, the following information will be required:

• The purpose of the well or pump installation;
• Proposed withdrawal rate, amount of withdrawal, and use of the water;
• Water use permit information, if applicable (see Water Use Permit);
• Type, size and expected capacity of the well or pump; and
• Any additional information the commission needs to fully understand the proposal.

A pumping test will also be required for new wells or wells that have not had a previous pumping test (§13-168-12(b), HAR).

Within 30 days after the completion of the well or pump installation, a Well Completion Report must be filed. The report is usually prepared by the well driller or pump installation contractor and is submitted on behalf of the applicant. The content of the Completion Report is specified in §13-168-13, HAR.

F. Public Participation

No public hearing is required in conjunction with the issuance of a Well Construction or Pump Installation Permit.

G. Process Time

By rule, the Commission is required to act on an acceptably completed application within ninety days of the receipt of the application. The Commission will issue a permit only if the proposal complies with all applicable laws, rules and review standards. Before approval, the application will be forwarded to the DOH for their review concerning, among other things, the appropriateness of the well location, §13-168-12, HAR.

H. Sequence of Filing

In cases where a Water Use Permit is required, the Commission will not issue a Well Construction or Pump Installation Permit until formal approval of a Water Use Permit has been received. An applicant is therefore advised to consult the Commission on Water Resource Management to sequence the submittal of the applicable permit applications.

I. Cost

A filing fee of $25 is required with each permit application. The cost of preparing the application and the necessary supplemental information varies with the scope of the project.