MCC §2.90A.040
How water is divided when supply gets low
Read the official text at library.municode.com ↗This section sets up a step-by-step process for sharing water when an area's groundwater gets low. The board and council watch water use and make a plan to divide water among different land uses. The plan must be approved at a public hearing and can be changed as needed.
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The ordinance, as written (Maui County) — Procedure for allocation
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
A.
The board shall inform the council when the groundwater withdrawal, including projected
withdrawal based upon approved permits and water meters, reaches sixty percent of
the sustainable yield of an area.
B.
The council shall determine the allocation of water withdrawn or transmitted or both,
through the department's water system for each of the various land use categories
contained in the community plans, to be applied when withdrawal, including projected
withdrawal based upon approved permits and water meters, reaches seventy percent of
the sustainable yield of an area.
C.
The allocations should consider the land use policies contained in the applicable
community plan.
D.
The department shall not cause total groundwater withdrawal, including projected withdrawal
based upon approved permits and water meters, through the department's water system
to be more than the sustainable yield of an area.
E.
No permit shall be processed for any projects for which estimated water use, withdrawn
or transmitted or both, through the department's water system would cause the allocation
for the land use category of the appropriate community plan to be exceeded, unless
the applicant executes an agreement, acceptable and approved as to form and legality
by the corporation counsel, acknowledging that water through the department's water
system may be unavailable for the project and that applicant assumes the risk of such
unavailability.
F.
The allocations shall continue for so long as the withdrawal exceeds seventy percent
of the sustainable yield of an area and until the State designates an area as a water
management area pursuant to chapter 174C, Hawaiʻi Revised Statutes.
G.
The council shall adopt the allocations for each land use category of the appropriate
community plan by ordinance and may revise, amend or modify the allocations as necessary
to effectuate land use policy.
H.
The council shall conduct a public hearing prior to the adoption of an allocation
plan. The public hearing shall be held in the district, as set forth in chapter 4,
Hawaiʻi Revised Statutes, to be affected by the allocation.
(Ord. 2003 § 1, 1991)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.