This chapter shall be known as the County’s “water availability policy.” The council acknowledges and affirms that water is a natural and cultural resource that must be protected, preserved, and managed as a public trust, and hereby establishes a policy that requires verification of a long term, reliable supply of water before subdivisions are approved. (Ord. 3502 § 2 (part), 2007)

This chapter shall apply to all subdivisions, including subdivisions bonded pursuant to sections 18.20.190, 18.20.200, and 18.20.210 of this code, and to water source development agreements with private entities as defined in section 14.03.025 of this code, unless exempted under section 14.12.030. (Ord. 3502 § 2 (part), 2007)

This chapter shall not apply to:

A. Building permits as described in chapter 18.28 of this code, or other ministerial construction permits that do not require new or additional water services;

B. Subdivisions that do not require water service, such as family subdivisions as defined in section 18.20.280 of this code, consolidations and concurrent re-subdivisions that do not create additional developable lots, road widening lots, utility lots, or easements for access or utility purposes; or

C. Subdivisions that will not be regulated as a public water system pursuant to department of health rules; provided, that, this exemption shall not apply to any subsequent subdivision of any of the resulting parcels. (Ord. 3502 § 2 (part), 2007)

A. No subdivision shall be approved, unless prior to submittal of subdivision construction plans pursuant to section 18.20.160 of this code, the director shall provide written verification of a long term, reliable supply of water.

B. Written verification of a long term, reliable supply of water shall not constitute an assurance, covenant, or warranty by the County of water source from a private, non-County system. (Ord. 3502 § 2 (part), 2007)

The director shall review and comment on engineering reports during the department of health’s inter-agency review period. In reviewing and commenting on an engineering report, the director shall consider all of the following factors:

A. The cumulative impacts;

B. The commission’s water resources protection plan;

C. The plan;

D. The general plan and relevant community plans;

E. The adverse impacts on surrounding aquifers and stream systems, including:

1. Water levels,

2. Water quality, including salinity levels,

3. The discharge of water into springs and nearshore marine areas,

4. Surface water-groundwater interactions, and

5. Adverse impacts on other existing, future, or planned wells;

F. The adverse impacts on Department of Hawaiian Home Lands’ current reservations or projected future uses;

G. The adverse impacts on the water needs of residents currently being served and projected to be served by the department;

H. The adverse impacts on environmental resources that are rare or unique to the region and the project site (including natural, cultural, or human-made resources of historic, archaeological, or aesthetic significance);

I. The adverse impacts on the exercise of traditional and customary Native Hawaiian rights and practices;

J. United States Geological Survey studies;

K. Whether the applicant is in full compliance with the State water code and County’s water reporting laws;

L. Whether the affected water source, including groundwater, surface water, or other source of water will exceed:

1. Ninety per cent of the sustainable yield,

2. Instream flow standards, or

3. Interim instream flow standards;

M. The adverse impacts to the water needs of residents currently on a County “wait list” for water meters;

N. The allocation of water set forth in this code; and

O. The adverse impacts to the water quality of any water body identified as impaired under section 303(d) of the Clean Water Act. (Ord. 3502 § 2 (part), 2007)

A. Written verification of a long term, reliable supply of water shall expire, and be deemed null and void, if:

1. For groundwater source, the director has not received a well completion report from the commission within two years from the date of verification; provided that, the director may, for good cause, authorize up to two time extensions of up to six months each; and further provided that, any request for an extension of time shall be received by the director at least thirty days before the associated expiration date;

2. For surface water source, the director has not received a written approval for use from the department of health within two years from the date of verification; provided that, the director may, for good cause, authorize up to two time extensions of up to six months each; and provided further that, any request for an extension of time shall be received by the director at least thirty days before the associated expiration date; or

3. For County water meter reservation, if the water meters covered under the reservation have not been installed in accordance with the terms, conditions, provisions, and time limitations of the meter reservation policies of the department.

B. If written verification of a long term, reliable supply of water expires, a new, updated verification pursuant to section 14.12.040 must be issued before construction can resume. (Ord. 3502 § 2 (part), 2007)