Haw. Code R. § 13-190.1-2
As used in this chapter unless otherwise provided:
"Alteration" means a change to an existing dam or reservoir from the originally approved construction plans and specifications or current condition.
"Application approval" means authorization in writing issued by the board to an owner who has applied to the board for permission to construct, enlarge, repair, alter, remove, maintain, or operate a dam or reservoir and which specifies the conditions or limitations under which work is to be performed by the owner or under which approval is granted.
"Appurtenant works" or "appurtenance" means any structure, such as spillways in the dam or separate therefrom, the reservoir and its rim, including artificial or natural barriers that function as the rim, low level outlet works, and water conduits, such as tunnels, pipelines, or penstocks, through the dam or its abutment that is anticipated to affect the structural integrity of the dam or reservoir.
"Board" means the board of land and natural resources.
"Certificate of approval to impound" means authorization in writing issued by the board to an owner of an existing dam or reservoir, or an owner who has completed construction, enlargement, repair, or alteration of a dam or reservoir, that specifies the conditions or limitations under which the dam or reservoir is to be maintained and operated.
"Dam" means any artificial barrier, including appurtenant works, which impounds or diverts water and:
(1) Is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to a maximum water storage elevation;
(2) Has an impounding capacity at maximum water storage elevation of fifty acre-feet or more. This chapter shall not apply to any artificial barrier which is less than six feet in height regardless of storage capacity or which has a storage capacity at maximum water storage elevation less than fifteen acre-feet regardless of height;
(3) Was included in circular C 122 (Revised) entitled "Dams within the jurisdiction of the State of Hawaii" dated September 1998;
(4) Any facility that has two or more reservoirs that operate or function as a single facility or are connected together with an uncontrolled conduit, which shall be construed to be one dam or reservoir. The highest height of any of the embankments and the combined maximum storage volume shall be used as the criteria for determining if the structure is a dam under this chapter; or
(5) Is a natural structure that retains water and has been altered by the addition of an outlet works and has a maximum storage volume greater than fifty acre-feet.
"Department" means the department of land and natural resources.
"Design water level" means the water elevation that a dam is designed to store, including the flood surcharge, that a dam is designed to impound without overtopping the dam crest. The design water level ■■ shall not include freeboard.
"Emergency" means, but is not limited to, breaches and all conditions leading to or causing a breach, overtopping, or any other condition in a dam and its appurtenant structures that may be construed as unsafe or threatening to life or property.
"Engineer" means a registered professional engineer, licensed by the State of Hawaii, and who has experience with dam design and construction,
"Enlargement" means any change in or addition to an existing dam or reservoir which raises or may raise the maximum water storage elevation of the reservoir.
"Freeboard" means the vertical distance above the maximum water surface during the peak discharge in the emergency spillway during the inflow design flood (IDF) to the lowest point on the crest of the dam at which water would flow over the dam at a section not designed for overflow.
"Hazard potential" means the possible adverse incremental consequences that result from the release of water or stored contents due to the failure of the dam or reservoir or operational failures of the dam, reservoir, or appurtenances. The hazard potential classification of a dam or reservoir shall not reflect in any way on the current condition of the dam or reservoir and its appurtenant works, including the dam's or reservoir's safety, structural integrity, or flood routing capacity.
"High hazard" means a dam's or reservoir's failure will result in probable loss of human life.
"Inflow design flood" is the flood hydrograph used in the design or evaluation of a dam, its appurtenant works particularly for sizing the spillway and outlet works, with which the upper limit of the inflow design flood is the probable maximum flood.
"Low hazard" means a dam's or reservoir's failure would result in no probable loss of human life and low economic loss or environmental loss, or both. Economic losses are principally limited to the owner's property.
"Maximum water storage elevation" means the maximum water surface elevation that can be hydrologically attained in the reservoir, or at the dam crest elevation if hydrologic loading is unknown.
"Operator" means any person who controls, manages, maintains, or supervises the condition and functions of a dam or reservoir.
"Outlet works" means a tunnel or pipe/conduit (low level outlet) that is used to drain the reservoir and often used to regulate flow to downstream users.
"Owner" means any person who has a right, title, or interest in or to the dam or reservoir or to the property upon which the dam or appurtenant works is located or proposed to be located.
"Person" means any natural person, partnership, firm, association, organization, corporation, county, county authority, trust, receiver or trustee, limited liability company, limited liability partnership, or company, or any state department, agency, or political subdivision, or any other commercial or legal entity. Whenever used in a section prescribing and imposing a penalty or sanction, the term "person" shall include the members of an association or organization, and the officers of a corporation, company, municipality, or municipal authority.
"Physical clear access" means a roadway or path that allows timely access for inspection to a dam, reservoir, and its appurtenant works. If by a roadway, the roadway shall be maintained in an accessible condition by a four-wheel-drive vehicle even during inclement weather conditions.
"Probable" means more likely than not to occur, reasonably expected, realistic.
"Removal" means complete removal or partial removal of the dam or reservoir embankment or structure to restore the approximate original topographic contours of the valley.
"Repair" means construction to an existing dam or appurtenant works that does not significantly change the reservoir's storage capacity or alter significantly the existing structure as it exists. Repair shall not apply to routine maintenance not affecting the safety of the dam or appurtenant works.
"Reservoir" means any basin which contains or will contain water impounded by a dam, including appurtenant works.
"Significant hazard" means a dam's or reservoir's failure will result in no probable loss of human life but can cause major economic loss, environmental damage, disruption of lifeline facilities, or impact other concerns. Significant hazard potential classification dams or reservoirs are often located in predominantly rural or agricultural areas but could be located in areas with population and significant infrastructure.
"Spillway" means a device which conveys flood waters from the reservoir past the dam without endangering its safety or integrity.
"Spillway crest" means the lowest point in the spillway above which water can flow over or through the spillway.
"Storage capacity" means the maximum volume of water and material which could be impounded by a dam when the water level is at the top of the dam or at the highest elevation which could be hydrologically attained, if this elevation is below the top of dam.
Haw. Code R. § 13-190.1-2