For Your Data Inwards Re H2o Purpose Allow Applications Example Brief
September 01, 2019
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In re Water Use Permit Applications illustration brief summary
nine P.3d 409 (2000)
CASE FACTS
The appeal arose from an extended dispute over the H2O distributed yesteryear a major irrigation infrastructure on the isle of Oahu, Hawai'i, supplying the island's leeward side alongside H2O diverted from its windward side. In a contested hearing, appellee Commission on Water Resource Management considered H2O usage let applications for diverse leeward offstream purposes in addition to H2O reservation petitions for both instream in addition to offstream uses. Appellants, the City of Honolulu, Hawai'i in addition to diverse interested parties, sought review of appellee's decision.
DISCUSSION
Judgment was affirmed inward part, vacated inward part, in addition to remanded. In considering the let applications, appellee Commission on Water Resource Management did non err inward accommodating existing agricultural uses spell restoring instream flows. On remand, appellee needed to decide the validity of allocations inward relation to instream requirements in addition to availability of reclaimed water.
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nine P.3d 409 (2000)
CASE SYNOPSIS
Appellants sought review of the conclusion in addition to guild of appellee Commission on Water Resource Management (Hawai'i), next a contested hearing on H2O usage let applications.CASE FACTS
The appeal arose from an extended dispute over the H2O distributed yesteryear a major irrigation infrastructure on the isle of Oahu, Hawai'i, supplying the island's leeward side alongside H2O diverted from its windward side. In a contested hearing, appellee Commission on Water Resource Management considered H2O usage let applications for diverse leeward offstream purposes in addition to H2O reservation petitions for both instream in addition to offstream uses. Appellants, the City of Honolulu, Hawai'i in addition to diverse interested parties, sought review of appellee's decision.
DISCUSSION
- The courtroom affirmed inward business office in addition to vacated inward part.
- The courtroom held that the governor's world remarks regarding the affair did non evidence that appellee could non convey proceeded inward a means of independent judgment.
- The State Water Code, Haw. Rev. Stat. ch. 174C, did non replace earth trust doctrine.
- Further, appellee did non abuse its discretion inward pursuing the case-by-case development of H2O usage policy through prior adjudicative proceedings.
- However, appellee erred yesteryear failing to visit the affect of fluctuating diversion on instream base of operations flows in addition to the practicability of adopting specific measures to mitigate this impact.
Judgment was affirmed inward part, vacated inward part, in addition to remanded. In considering the let applications, appellee Commission on Water Resource Management did non err inward accommodating existing agricultural uses spell restoring instream flows. On remand, appellee needed to decide the validity of allocations inward relation to instream requirements in addition to availability of reclaimed water.
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