Best Water Law Lawyers in Hilo

About Water Law in Hilo, United States

Water law in Hilo, Hawaii, is a specialized field concerned with the use, management, and regulation of water resources. Water is an essential and sometimes scarce resource across Hawaii's islands, making water rights and access particularly significant. In Hilo and the larger Hawaii Island, water law encompasses surface water, groundwater, riparian rights, public trust doctrines, and Native Hawaiian rights, all shaped by a unique blend of state statutes, administrative regulations, and court decisions. Understanding water law in this region often involves navigating complex legal frameworks that aim to balance public interest, private property rights, environmental protection, and cultural practices.

Why You May Need a Lawyer

Individuals, businesses, and organizations in Hilo might need legal advice or representation regarding water law for several reasons:

• Disputes over water rights between private landowners, neighbors, or government agencies.
• Addressing water use permits or seeking permission for wells, irrigation, or other uses from the Commission on Water Resource Management.
• Concerns about water contamination or environmental impacts to local streams, rivers, or aquifers.
• Protecting Native Hawaiian traditional and customary rights related to water, including taro farming and religious uses.
• Dealing with development projects that may affect groundwater or surface water resources.
• Enforcing or contesting conservation measures, stream flow restoration, or water diversion limitations.
• Navigating disputes related to the water code, zoning, or land use changes impacting water access.

Because of the technical and regulatory challenges involved, a qualified attorney can offer crucial guidance and advocacy.

Local Laws Overview

Hilo falls under the jurisdiction of Hawaii state water laws, as well as specific county and municipal regulations. Here are key points relevant to water law in this area:

• Hawaii Water Code: The Hawaii Water Code (Chapter 174C, Hawaii Revised Statutes) governs water resource management statewide, including Hilo. It establishes the Commission on Water Resource Management (CWRM), which oversees water permits, well regulation, and water conservation.
• Public Trust Doctrine: Hawaii’s Constitution upholds water as a public trust, meaning the state is mandated to manage and protect water resources for all residents, with special consideration for traditional Native Hawaiian practices.
• Water Use Permits: Certain uses of groundwater or surface water require obtaining permits from CWRM. Unauthorized use or overuse can result in penalties.
• County Ordinances: The County of Hawaii and the Department of Water Supply regulate water distribution, quality, and conservation measures at the local level. They also handle infrastructure issues like pipes, wells, and service connections.
• Environmental and Cultural Protections: Laws and court decisions often interlink environmental stewardship with protection of Native Hawaiian traditional and customary rights.

Compliance with these local and state requirements is essential for property owners, developers, and agricultural operations in the Hilo area.

Frequently Asked Questions

What is a water right and how is it established in Hilo?

A water right is the legal right to use water from a source such as a stream, river, or aquifer. In Hilo, these rights are regulated by the Hawaii Water Code, which requires permits for certain uses. Some rights also stem from land ownership or traditional Native Hawaiian customs, but many uses must be formally recognized by the Commission on Water Resource Management.

Do I need a permit to drill a well on my property?

Yes. Most wells require a permit from the Commission on Water Resource Management. Even small residential wells must be approved, and conditions may apply regarding usage, location, and environmental impact.

Can water rights be transferred or sold?

In some cases, water rights can be transferred or assigned, but any changes usually require approval from state regulators to ensure compliance with the public trust doctrine and other legal standards.

How are disputes between neighbors over water use resolved?

Disputes may be settled through negotiation, mediation, or legal proceedings, with the Commission on Water Resource Management or the courts making determinations in complex or unresolved cases.

Who protects Native Hawaiian water rights?

The State of Hawaii, through the Water Code and the public trust doctrine, recognizes and protects Native Hawaiian traditional and customary water rights. Legal remedies are available through administrative claims or court actions if these rights are threatened.

What happens if my water is contaminated?

There are state and county resources, including the Department of Health and the Department of Water Supply, to investigate contamination. Legal action may be warranted in cases of negligence, environmental violations, or harm to health and property.

How are stream flows and ecosystem health protected?

Hawaii law requires maintaining minimum stream flows for environmental and cultural values. The Commission on Water Resource Management can restore stream flows and order a halt to illegal diversions or excessive withdrawals.

What permits are needed for agricultural water use?

Agricultural operations must often secure water use permits from the Commission on Water Resource Management and comply with zoning as well as county irrigation guidelines.

Can I challenge a government decision regarding water use?

Yes. You may appeal permit denials, allocation decisions, or other actions by the Commission on Water Resource Management. Appeals generally must be filed within a set time frame, and often benefit from legal counsel.

Who enforces water regulations in Hilo?

The Commission on Water Resource Management is the primary enforcement body at the state level. Locally, the County of Hawaii Department of Water Supply and the Department of Health play important roles in oversight and enforcement.

Additional Resources

If you need further assistance or information regarding water law in Hilo, the following organizations and resources can be helpful:

• Commission on Water Resource Management (CWRM) - Main regulatory body for water use and permits in Hawaii.
• Hawaii Department of Land and Natural Resources (DLNR) - Includes CWRM and protects water resources statewide.
• County of Hawaii Department of Water Supply - Manages potable water distribution and local water infrastructure in Hilo.
• Hawaii State Judiciary - For court rulings and appeals related to water law disputes.
• University of Hawaii Water Resources Research Center - Educational resources and research on water issues in Hilo and across the state.
• Legal Aid Society of Hawaii - Can offer assistance or referrals regarding water rights issues, especially for low-income individuals.

Next Steps

If you are facing a legal issue related to water rights, contamination, permits, or other concerns in Hilo, it is important to act promptly:

• Clearly document your situation, including any relevant correspondence, permits, or notices.
• Contact the Commission on Water Resource Management or the local Department of Water Supply with questions about applications or compliance.
• Consult with a knowledgeable attorney specializing in water law, land use, or environmental issues in Hawaii to evaluate your rights and possible solutions.
• Be mindful of any deadlines for filing appeals, permit applications, or administrative complaints.
• Consider alternative dispute resolution such as mediation before pursuing litigation, especially for neighbor or community disputes.

Working with a legal professional ensures that your rights are protected and that you comply with the proper procedures while addressing your water law concerns in Hilo.