RELATING TO STATE WATER CODE PENALTIES.
HB306 revises Hawaii’s State Water Code penalty provisions. The bill makes it a violation to fail to maintain a natural stream channel when that failure causes an unreasonable and substantial obstruction of natural water flow, while carving out exceptions for obstructions caused strictly by natural events if promptly reported and addressed, as well as for ephemeral streams, dry gulches, and routine agricultural or flood-management grading. It also adds a notice-and-cure process for certain violations, allowing a 30-day period after written notice for a property owner or permittee to fix the problem or enter a corrective action plan before a fine is imposed.
The bill further changes how the Commission on Water Resource Management (CWRM) may assess penalties. It authorizes a minimum fine of $50, sets a higher maximum penalty structure of up to $5,000 per violation for first-time, non-harmful violations and up to $15,000 per violation for repeat or harmful violations, and clarifies that each day a violation continues may count as a separate offense. In addition, CWRM must consider specified aggravating and mitigating factors, including the nature of the violation, prior history, economic benefit, corrective efforts, culpability, water quantity affected, and harm to other users, the environment, or the water source. The bill also limits state acquisition of fee simple interests in artificial watercourses such as canals or ditches under certain circumstances unless the legislature approves by concurrent resolution.
HB306 amends Section 174C-15 of the Hawaii Revised Statutes, expanding the State Water Code’s enforcement tools and changing the penalty framework for violations. It creates a new statutory violation for certain failures to maintain natural stream channels, adds procedural protections before fines for some violations, increases potential monetary penalties, and requires CWRM to apply enumerated penalty factors. It also adds a restriction on the State’s ability to acquire fee simple interests in artificial watercourses, affecting canals and ditches unless the legislature authorizes such acquisition.
The bill appears to have broad support in committee and conference, with unanimous or near-unanimous votes at each recorded stage and no recorded opposition in the provided history. The legislative findings and bill structure reflect a strong policy preference for stronger water-resource enforcement, deterrence, and conservation. Overall sentiment is favorable toward increasing accountability and improving compliance with water code requirements.
The main policy tensions in HB306 are between stronger enforcement and protections for property owners, farmers, and water users. The bill raises penalties and treats continuing violations as separate offenses, which favors deterrence and compliance, but it also includes a 30-day notice-and-cure period for certain violations and exceptions for natural events and routine agricultural or flood-management activity. Another point of potential contention is the new restriction on state acquisition of artificial watercourses, which appears designed to protect private or existing watercourse interests unless the legislature affirmatively approves acquisition.