Report Title:

Kailua reservoir

 

Description:

Requires the department of land and natural resources (DLNR) to repair and properly maintain the Kailua reservoir, and contract with a private individual, entity, or community-based organization for the repair and maintenance (R&M) of the reservoir. Requires DLNR to submit a report prior to the regular session of 2002 on the actions taken with regard to the R&M of Kailua reservoir. Appropriates funds to contract for the R&M of the reservoir. (HB1323 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1323

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agriculture.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Kailua reservoir, located in Waimanalo, Oahu, is in disrepair and has been for nearly two decades. The legislature further finds that because the overflow control valve is not in working order and because the reservoir has not been properly maintained, flooding occurs, creating property damage and other damage to private property near the reservoir. Moreover, the State's failure to properly maintain the reservoir exposes adjoining land owners and residents to significant and possibly mortal, physical danger. Consequently, in its current state of disrepair, the reservoir presents a major risk to person and property, and exposes the State to massive liability.

The legislature also finds that Kailua reservoir was originally built as part of a sugar irrigation system. It has served as a flood detention and sediment retention basin. When properly maintained, Kailua reservoir functions as a basin to catch debris, which prevents downstream culverts from clogging and protects the surrounding area from floods.

The purpose of this Act is to:

(1) Require the department of land and natural resources to repair and properly maintain Kailua reservoir and contract with a private individual, entity, or community-based organization for the repair and maintenance of the reservoir; and

(2) Appropriate funds to contract for the repair and maintenance of Kailua reservoir.

SECTION 2. The department of land and natural resources shall:

(1) Repair and properly maintain Kailua reservoir located in Waimanalo, Oahu, including the repair and maintenance of the reservoir's overflow control valve;

(2) Contract with a private individual, entity, or community-based organization for the repair and maintenance of Kailua reservoir; and

(3) Submit a report of the actions taken with regard to the repair and maintenance of Kailua reservoir, to the legislature no later than twenty days before the convening of the regular session of 2002.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2001-2002 to contract for the repair and maintenance of Kailua reservoir.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2001.