Best Water Law Lawyers in Kailua-Kona

About Water Law in Kailua-Kona, United States

Water law in Kailua-Kona, a community on the west coast of Hawaii's Big Island, addresses the legal rights and responsibilities surrounding the use, allocation, and management of water resources. Given its unique island environment, water law here is shaped by local, state, and federal laws designed to balance water supply, preserve natural resources, protect native Hawaiian water rights, and support future growth. Disputes and regulations often involve groundwater, surface water, rainwater catchment, and shoreline issues. Whether you are a homeowner, farmer, developer, or business owner, understanding water law in Kailua-Kona is essential to maintain compliance and preserve this crucial resource.

Why You May Need a Lawyer

There are several situations where a person or business in Kailua-Kona might require legal assistance relating to water law:

• Resolving disputes over access to water sources between neighbors, developers, or agricultural landowners
• Obtaining, transferring, or challenging water use permits, especially for wells or irrigation
• Dealing with contamination of wells, streams, or coastal water affecting property or health
• Responding to regulatory enforcement actions or alleged violations of water quality standards
• Understanding the rights and obligations associated with rainwater catchment systems
• Navigating complex state and local permitting requirements for water diversion or usage
• Protecting or asserting traditional and customary Hawaiian water rights
• Participating in public hearings and environmental reviews related to water projects
• Preparing contracts or agreements involving water access or usage rights
• Assisting with insurance claims due to water damage linked to legal compliance or negligence issues

Local Laws Overview

Water law in Kailua-Kona is governed by a mix of state and local regulations, with the Hawaii State Water Code (Hawaii Revised Statutes Chapter 174C) as the foundational law. This code establishes the public trust doctrine, recognizing that all water resources belong to the people of Hawaii collectively, and are managed by the state. The Commission on Water Resource Management (CWRM) oversees water allocations, permits, and conservation measures. On the island, groundwater (aquifer) usage, surface water diversions, shoreline water rights, and catchment systems all have their own rules and permitting standards.

The County of Hawaii also enforces ordinances that impact water, such as requirements for rainwater catchment for certain rural homes, water quality standards, and zoning that affects water-intensive development. Land use changes, such as building new homes or resorts, often require environmental impact assessments addressing potential impacts on water sources. Protection of native and customary rights, especially those of Native Hawaiians to access and utilize water for traditional practices, is also enshrined in law and can be central in legal disputes.

Frequently Asked Questions

What is the public trust doctrine in Hawaii water law?

The public trust doctrine means all water resources in Hawaii are held in trust by the state for the benefit of its people. No individual can legally own water outright; rights are granted for reasonable and beneficial use under state oversight.

Who regulates water use permits in Kailua-Kona?

The Hawaii Commission on Water Resource Management (CWRM) is the primary regulator for well permits, surface water diversions, and large-scale water use in Kailua-Kona. The County of Hawaii Department of Water Supply manages municipal water systems.

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

Yes. Anyone wishing to construct a well or significantly withdraw groundwater in Kailua-Kona must apply for a permit from the CWRM. Well construction, location, and use are regulated to protect aquifers and ensure sustainability for all users.

Can I use rainwater catchment for my house?

Many homes in rural Kailua-Kona rely on rainwater catchment due to limited municipal water supply. County ordinances encourage safe rainwater catchment, but systems must meet health code standards to ensure water quality, especially if used for drinking.

What rights do Native Hawaiians have concerning water in Kailua-Kona?

Native Hawaiian traditional and customary rights include access to water for practices such as kalo (taro) cultivation and religious ceremonies. These rights are protected by both state law and the Hawaii Constitution.

What happens if my neighbor diverts a stream or groundwater source?

Unauthorized diversion of a stream or excessive groundwater pumping can infringe upon your water rights and those of others. Legal remedies can include complaints to the CWRM, cease-and-desist orders, and civil lawsuits for damages or restoration.

How is water quality regulated in Kailua-Kona?

Water quality is regulated by state and federal laws, including the Safe Drinking Water Act and Hawaii Department of Health regulations. Municipal and rainwater systems must meet public health standards for contaminants and bacteria.

Can hotels or large developments use as much water as they want?

No. Large users such as hotels, resorts, and developments must obtain water use permits and are subject to limits and environmental impact assessments. Community input and sustainability standards often apply.

What are my options if my water source is contaminated?

If your well or catchment system is contaminated, you may need to report it to the Department of Health and seek legal recourse if contamination was caused by another party. Remediation, alternative sources, and possible compensation can be explored with a lawyer's help.

Where can I learn more about my water rights as a resident or landowner?

You can consult the Commission on Water Resource Management, the Hawaii Department of Health, or speak with an experienced Hawaii water law attorney for a thorough explanation of your specific rights and obligations.

Additional Resources

Here are some key resources and organizations related to water law and water resources in Kailua-Kona:

• Commission on Water Resource Management (CWRM) - State agency regulating water resources and permits
• County of Hawaii, Department of Water Supply - Manages the island's public water systems
• Hawaii Department of Health, Safe Drinking Water Branch - Oversees water quality and public health regulations
• Native Hawaiian Legal Corporation - Provides legal assistance relating to traditional and customary water rights
• The University of Hawaii Sea Grant College Program - Offers community education and research on water law and coastal management
• Legal Aid Society of Hawaii - Can help individuals of limited means with water rights and environmental law issues

Next Steps

If you need legal assistance in water law in Kailua-Kona, consider the following actions:

• Gather all relevant documents, including permits, maps, water quality reports, and correspondence related to your issue
• Define your specific concerns or objectives, such as permitting, dispute resolution, compliance, or seeking compensation
• Contact a local attorney specializing in Hawaii water law for a consultation
• Reach out to relevant government agencies for specific information about current policies, regulations, or pending applications
• Participate in community meetings or public hearings if your water issue involves public land or broader community impacts
• Stay informed about changes in local and state water laws, and consider educational programs offered by local organizations

Taking timely legal advice and understanding your rights ensures the best outcomes for you, your property, and the broader Kailua-Kona community.