Best Water Law Lawyers in Honolulu

About Water Law in Honolulu, United States

Water law in Honolulu covers the legal rights and regulations surrounding the use, allocation, quality, and management of water resources on the island of Oahu, Hawaii, where Honolulu is located. Due to its unique geography and climate, as well as its reliance on precious underground aquifers and rainfall, Oahu has developed specific water laws to balance the competing needs of residents, businesses, agriculture, and environmental conservation. Water law in Honolulu is shaped by state statutes, local ordinances, court decisions, and historical traditions, notably the Public Trust Doctrine, which holds that water resources are held in trust by the state for the benefit of the people.

Why You May Need a Lawyer

Legal issues involving water law can be complex and often impact significant interests. Some common situations in which you may require the assistance of a lawyer include:

• Disputes over water rights or allocations, especially during times of drought or shortages
• Questions about well permits, or access to groundwater or stream water
• Concerns about water quality, contamination, or environmental violations
• Real estate transactions where water rights are a key component
• Issues involving public versus private water access and usage
• Compliance with state and local water resource management regulations
• Participation in public hearings or permitting processes involving water use

A knowledgeable water law attorney can help you understand your rights, navigate governmental procedures, represent you in disputes, and ensure that your interests are protected in both administrative and court proceedings.

Local Laws Overview

Water law in Honolulu is primarily governed by Hawaii Revised Statutes (HRS) Chapter 174C, also known as the State Water Code, and the rules of the Honolulu Board of Water Supply. Key aspects include:

• Public Trust Doctrine - Water resources are considered a public trust, meaning the state must manage and protect them for the benefit of all its residents.
• Permitting Requirements - Most uses of surface water and groundwater require permits, especially for significant or commercial uses.
• Water Allocation - The Commission on Water Resource Management is responsible for allocating water, issuing permits, and enforcing conservation.
• Protection of Streams and Wetlands - There are strict rules regarding alterations of natural waterways and wetlands, with considerations for environmental and cultural preservation.
• Water Quality Standards - Both state and federal laws set standards for potable and non-potable water. Violations can result in civil or criminal penalties.
• Private Wells - Construction and use of wells require permits and must comply with various protection and reporting standards.
• Public Participation - Many water decisions involve public notice and the ability for residents or organizations to submit comments or challenge decisions.

Frequently Asked Questions

What is the Public Trust Doctrine and how does it affect water use in Honolulu?

The Public Trust Doctrine means that all water resources are managed by the state for public use, and private ownership of water itself is not allowed. The government must balance competing uses and protect water resources for the benefit of everyone.

Can I dig a private well on my property in Honolulu?

Digging a private well requires a permit from the Commission on Water Resource Management and is subject to strict regulations to protect the aquifer and surrounding resources.

Do I need a permit to use water for irrigation or farming?

Most non-domestic uses, including irrigation and farming, require water use permits. The application process evaluates the impact on public resources and existing users.

What should I do if I believe my water is contaminated?

Report the situation to the Honolulu Board of Water Supply or the Hawaii Department of Health. Legal remedies may be available if contamination is due to negligence or violations by third parties.

What happens during a drought or water shortage?

Authorities may impose restrictions on water use, prioritize essential uses, or temporarily suspend certain permits. Legal challenges or appeals may be possible if you believe restrictions are unfairly applied.

Who manages water rights and permits in Honolulu?

The State Commission on Water Resource Management is the primary agency. The Honolulu Board of Water Supply manages municipal supplies and enforces local rules.

Are there laws protecting streams and wetlands on private property?

Yes. Stream diversion, alterations, or impacts to wetlands often require permits, and illegal actions can result in enforcement or fines.

How can I participate in decisions about local water use?

Many proceedings allow for public comment or formal intervention. Notices are typically posted by the relevant agency, and lawyers can assist in submitting input or representing your interests.

What are the penalties for water law violations?

Penalties range from fines to criminal charges, depending on the severity and nature of the violation. Repeat or egregious violations carry higher penalties.

Do Native Hawaiian traditional and customary rights impact water law?

Absolutely. Hawaiian cultural practices are specifically protected, and water resource decisions must consider traditional and customary rights under both state law and the state constitution.

Additional Resources

• Honolulu Board of Water Supply - Local water provider and regulator for municipal supply and conservation programs.
• Hawaii Commission on Water Resource Management - Oversees water permitting, regulation, and protection statewide.
• Hawaii Department of Health - Regulates water quality, including testing and contamination response.
• Hawaii State Bar Association - Offers lawyer referral services including those who specialize in water law.
• Legal Aid Society of Hawaii - Provides assistance to those who qualify, including in environmental and land use matters.
• Environmental Protection Agency Region 9 - Federal oversight of water quality and environmental standards.

Next Steps

If you believe you need legal assistance regarding water law issues in Honolulu, consider the following steps:

• Gather all relevant documentation, including permits, correspondence, and any notices you have received.
• Contact the appropriate government agency to understand your rights and responsibilities.
• Consult a qualified water law attorney who is familiar with Honolulu and Hawaii state water laws. They can provide advice tailored to your situation and represent you in dealings with agencies or in court.
• Attend public meetings or hearings if your issue involves community water use or resource management decisions.
• Take action promptly, as water law disputes can be time-sensitive and may involve strict deadlines for filing appeals or complaints.

By acting early and working with professionals who understand water law in Honolulu, you can better protect your access to water resources and ensure compliance with all applicable regulations.