STAND. COM. REP. NO.574

Honolulu, Hawaii

, 2001

RE: H.B. No. 688

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 688 entitled:

"A BILL FOR AN ACT RELATING TO THE EFFECTIVE DATE OF EXISTING USES UNDER THE WATER CODE,"

begs leave to report as follows:

The purpose of this bill is to allow the Commission on Water Resource Management of the Department of Land and Natural Resources (Commission) to base its water resource decision on current information and water use by changing the effective date of "existing uses of water" from July 1, 1987, to the effective date of designation of a Water Management Area.

The Commission, Board of Water Supply of the City and County of Honolulu, Department of Water Supply of the County of Maui, Department of Water of the County of Kauai, Department of Water Supply of the County of Hawaii, Land Use Research Foundation of Hawaii, and Alexander & Baldwin, Inc., provided testimony in support of the measure. The Sierra Club, Hawaii Chapter, and an individual submitted testimony opposing this bill. Hawaii's Thousand Friends recommended holding the bill in committee.

In 1994, the Commission determined that existing water uses would be set at the date of designation in a newly designated Water Management Area. However, the State Supreme Court overruled the Commission and held that the date to determine the "existing uses of water" under the State Water Code shall be July 1, 1987.

Your Committee agrees with the Commission that:

(1) July 1, 1987, is an arbitrary and therefore inappropriate date;

(2) Significant water use changes have occurred during the past 14 years;

(3) Information on existing water uses as of July 1, 1987, is not available for a large percentage of Water Management Areas; and

(4) Clarifying statutory amendments tot he State Water Code are required to insure effective management of our most precious resource.

With respect to a comprehensive review of the State Water Code, the Commission will take the matter under advisement and prior to the Regular Session of 2002, will recommend the time frame that this huge task can be accomplished.

Your Committee discussed, but left for further Commission consideration, the suggestion that the average water use be based on usage over the twelve, rather than the three-month period immediately preceding the filing of an application, to address short-term seasonal fluctuations.

Accordingly, your Committee has passed this measure unamended.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 688 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Water and Land Use,

____________________________

EZRA KANOHO, Chair