RELATING TO WATER CONSERVATION.

SB1239

THE SENATE

S.B. NO.

1239

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Water Conservation
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that it is the policy of the State to engage in comprehensive
water resource planning to address the problems of supply and conservation of
water.
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However, more needs to be done to
ensure that only nonpotable water is used for nonpotable purposes and that the
maximum amount of potable water is available for all potable purposes.
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One source of nonpotable water is groundwater
produced by wells drawing water from below the ingestion control line aquifers
that also produce potable water.
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Another
source of nonpotable water is recycled water, including treated sewage
effluent, but the use of recycled water is limited by the infrastructure
available for the production and distribution of, and the cost of acquiring,
recycled water.

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Accordingly, the purpose of this Act is to
prohibit the use of potable water to irrigate golf courses, except in certain
situations.

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SECTION 2.
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Chapter 342D, Hawaii Revised Statutes, is amended by adding a new
section to part IV to be appropriately designated and to read as follows:

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"
�342D-
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Irrigation
of golf courses; use of potable water prohibited; exemption.
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(a)
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Potable water shall not be used for golf
course irrigation, maintenance, or operation, except for human consumption.

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(b)
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The department may exempt a golf course
operator from subsection (a) if:

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(1)
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The
department determines that there is a threat to water quality or to public
health and safety;

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(2)
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The
county in which the golf course is located determines that a source of
nonpotable water will not be reasonably available in the near future; or

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(3)
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The
department determines that there is a serious threat to pre-existing permitted
ground or surface water uses.

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(c)
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Each county water service provider, in consultation with the department,
shall establish standards for the distribution and use of nonpotable water and
shall adopt rules in accordance with chapter 91 regarding the use of nonpotable
water for golf course irrigation.
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The
standards and rules shall protect water quality and the health and safety of
the public.
"

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SECTION 3.
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Section 342D-1, Hawaii Revised Statutes, is amended by adding two new
definitions to be appropriately inserted and to read as follows:

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"
"Potable water" means:

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(1)
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Surface
water that has been treated and satisfies standards set by administrative rules
adopted by the department; and

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(2)
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Ground
water extracted at an acceptable rate that contains chlorides at a level, and that
can be disinfected to standards, set by administrative rules adopted by the
department.

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"Surface water" has the same
meaning defined in section 174C-3.
"

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SECTION
4
.
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Section 174C-5, Hawaii Revised Statutes, is
amended to read as follows:

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"
�174C-5
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General powers and duties.
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The general administration of the state water
code shall rest with the commission on water resource management.
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In addition to its other powers and duties,
the commission:

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(1)
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Shall
carry out topographic surveys, research, and investigations into all aspects of
water use and water quality;

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(2)
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Shall
designate water management areas for regulation under this chapter where the
commission, after the research and investigations mentioned in paragraph (1),
shall consult with the appropriate county council and county water agency, and
after public hearing and published notice, finds that the water resources of
the areas are being threatened by existing or proposed withdrawals of water;

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(3)
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Shall
establish an instream use protection program designed to protect, enhance, and
reestablish, where practicable, beneficial instream uses of water in the State;

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(4)
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May
contract and cooperate with the various agencies of the federal government and
with state and local administrative and governmental agencies or private
persons;

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(5)
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May
enter, after obtaining the consent of the property owner, at all reasonable
times upon any property other than dwelling places for the purposes of
conducting investigations and studies or enforcing any of the provisions of
this code, being liable, however, for actual damage done.
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If consent cannot be obtained, reasonable
notice shall be given prior to entry;

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(6)
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Shall
cooperate with federal agencies, other state agencies, county or other local
governmental organizations, and all other public and private agencies created
for the purpose of utilizing and conserving the waters of the State, and assist
these organizations and agencies in coordinating the use of their facilities
and participate in the exchange of ideas, knowledge, and data with these
organizations and agencies.
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For this
purpose the commission shall maintain an advisory staff of experts;

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(7)
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Shall
prepare, publish, and issue printed pamphlets and bulletins as the commission
deems necessary for the dissemination of information to the public concerning
its activities;

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(8)
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May
appoint and remove agents, including hearings officers and consultants,
necessary to carry out the purposes of this chapter, who may be engaged by the
commission without regard to the requirements of chapter 76 and section 78-1;

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(9)
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May
hire employees in accordance with chapter 76;

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(10)
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May
acquire, lease, and dispose of real and personal property as may be necessary
in the performance of its functions, including the acquisition of real property
for the purpose of conserving and protecting water and water related resources
as provided in section 174C‑14;

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(11)
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Shall
identify, by continuing study, those areas of the State where salt water
intrusion is a threat to fresh water resources and report its findings to the
appropriate county mayor and council and the public;

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(12)
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Shall
provide coordination, cooperation, or approval necessary to the effectuation of
any plan or project of the federal government in connection with or concerning
the waters of the State.
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The commission
shall approve or disapprove any federal plans or projects on behalf of the
State.
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No other agency or department of
the State shall assume the duties delegated to the commission under this
paragraph; except that the department of health shall continue to exercise the
powers vested in it with respect to water quality, and except that the
department of business, economic development, and tourism shall continue to
carry out its duties and responsibilities under chapter 205A;

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(13)
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Shall
plan and coordinate programs for the development, conservation, protection,
control, and regulation of water resources,
including nonpotable water,

based upon the best available information, and in cooperation with federal
agencies, other state agencies, county or other local governmental
organizations, and other public and private agencies created for the
utilization and conservation of water;

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(14)
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Shall
catalog and maintain an inventory of all water uses and water resources; and

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(15)
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Shall

determine appurtenant water rights, including but not
limited to the quantification of the amount of water and the specification of
the water course or the means of access and delivery entitled to by that right,

which determination shall be valid for purposes of this chapter."

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SECTION 5.
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New statutory material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Potable
Water; Nonpotable Water; Golf Courses; Irrigation; Water Conservation

Description:

Prohibits
the use of potable water to irrigate golf courses subject to certain
exceptions.
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Defines potable water.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.