[§174C-27] Issuance of certificate.
204 words·~1 min read·
/hi/174c-27A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§174C-27] Issuance of certificate.
(a)When a declaration has been filed in accordance with this section and the commission has determined that the use declared is a reasonable, beneficial use, the commission shall issue a certificate describing the use. The certificate shall be deemed to constitute a description of the use declared. With respect to certificates for water use, the confirmed usage shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.
(b)The commission shall hold a hearing upon the request of any person adversely affected by the certification or the refusal to certify any water use.
(c)Whenever a certified use of water is terminated, the owner of the certificate shall file a report with the commission, providing all information prescribed in the rules of the commission. [L 1987, c 45, pt of §2]
Case Notes
The rule of correlative rights applies to all ground waters of the State. 94 H. 97, 9 P.3d 409
(2000).
Where petitioners did not establish any "existing" correlative uses, under the controlling water code permitting provisions, they had no superior "right" to a permit. 94 H. 97, 9 P.3d 409
(2000).