Water service rates and who can qualify for them

A. Water rates for agricultural, nonpotable agricultural, nondwelling agricultural, emergency water, temporary irrigation, preservation, and general consumers, must be set forth in the annual budget ordinance. B. Agricultural consumers may qualify for agricultural water rates. Each consumer requesting an agricultural rate for water service must submit an annual written application to the department attaching the following documentation, if applicable, regarding their product or service: 1. A copy of the consumer's filed State of Hawaiʻi, department of taxation, general excise use tax return, form G-45, for the period preceding the date of application. 2. A copy of the consumer's filed Internal Revenue Service tax return, and a copy of schedule F (form 1040), profit or loss from farming. 3. A description of the commercial agricultural operation that includes: a. The type of commercial operation. b. The anticipated monthly water usage. c. The age of the crop or stock, if applicable. d. A five-year timeline of projected annual gross income. e. A site plan demarcating the commercial agricultural operation, landscaping, grassy areas, dwellings and other structures, and irrigation system. C. Emergency water consumers may qualify for emergency water rates where water that would otherwise be delivered as potable water has been determined by the director to be within a designated unsafe water advisory area as a result of a disaster or emergency as defined in section 127A-2, Hawaiʻi Revised Statutes, and resulting in a proclamation of a state of emergency or local state of emergency under section 127A-14, Hawaiʻi Revised Statutes. Emergency water rates will only be available to customers whose property has been determined by the director to be within the unsafe water advisory area. D. Temporary irrigation consumers may qualify for temporary irrigation rates where a consumer's home was destroyed, and water service temporarily canceled, as a result of a disaster or emergency as defined in section 127A-2, Hawaiʻi Revised Statutes, and resulting in a proclamation of a state of emergency or local state of emergency under section 127A-14, Hawaiʻi Revised Statutes. To qualify for this rate, water must be nonpotable and used for maintenance of residential landscaping, including lawns, crops, and gardens, as applicable. E. Preservation consumers may qualify for preservation rates where: 1. The property is located in the State agricultural or conservation land use district or a County open space zoning district. 2. The property is owned or under a management agreement with a nonprofit or community land trust that complies with section 501(c) of the Internal Revenue Code. Documentation of ownership or management, including bylaws referencing preservation or restoration of native Hawaiian species habitats in the mission statement, must be submitted with the application for preservation rates. 3. The water will be used primarily for native Hawaiian species habitat preservation or restoration, with no associated commercial activity. 4. The consumer has submitted a conservation plan that includes: a. Acreage of the preservation or restoration area. b. The anticipated monthly water usage. c. Best management practices for water conservation, as determined by the director to be acceptable. d. A site plan demarcating the preservation or restoration area, dwellings and other structures, and irrigation systems. 5. For purposes of this subsection, "native Hawaiian species habitat" means the habitat of endemic or indigenous species that: a. Arrived either by natural means, including by water, wind, or bird migration; or b. Were included in the approximately twenty-three species brought over by the first human migration to the Hawaiian islands and that have adapted to native ecosystems. F. General or agricultural water service will not be allowed from a meter for which the nonpotable agricultural rate is approved. G. The penalty for using nonpotable agricultural water service to supply general uses is removal of the meter. H. The penalty for using preservation water service to supply general or agricultural uses is removal of the meter. I. The penalty for providing water service to lots other than the lot to which the service is assigned is removal of the meter. J. Water service requests by property lessees or licensees may be granted if: 1. Requested and guaranteed by the fee simple owner of the property; or 2. A lump sum payment equal to a two-billing period estimate is deposited with the department as collateral for future billings. ( Ord. No. 5841 , § 2, 2025; Ord. No. 5587 , § 4, 2023; Ord. No. 5546 , §§ 2, 3, 2023; Ord. No. 3759, § 2, 2010; Ord. 3558 § 1 (part), 2008)