Report Title:

Watershed Protection

Description:

Allows counties to establish watershed protection advisory committees and designate watershed management areas. Requires counties to establish special trust funds or interest-bearing accounts for each watershed improvement program.

HOUSE OF REPRESENTATIVES

H.B. NO.

194

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to watersheds.

 

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

SECTION 1. The legislature finds that Hawaii’s forests function as critical watersheds and the primary source of fresh water for the islands. Hawaii’s native forests, in particular, have evolved into efficient ecosystems that capture and store appreciably more water than any other natural milieu. The forested watersheds, both native and non-native, are vital recharge areas for Hawaii’s underground aquifers and a dependable source of clean water for its streams.

The legislature finds that the relationship of Hawaii’s forested uplands to a dependable supply of clean fresh water was recognized over a century ago. During that period, public and private interests recognized that years of extensive cattle grazing and other land use practices contributed significantly to the degradation of the forests. Public and private concerns about water supply and quality were the impetus for placing the forests into reserves and undertaking massive reforestation at the turn of the century. The legislature finds that since then, public and private attention to watershed protection and management has increasingly declined and, once again, our forested watersheds are steadily degrading. Moreover, over the last one hundred years, Hawaii has lost half of its native forests.

The legislature recognizes that fresh water is not an infinite resource and that its high quality, quantity, and sustainability are essentially linked to the existence of forested watersheds. The legislature finds that there are presently approximately two million acres of major watershed areas statewide. The purpose of this part is to authorize the counties to establish watershed protection advisory committees to establish priorities for the designation of watershed areas to protect, preserve, and enhance important, essential and sustainable sources of fresh water. The legislature finds that the protection, preservation, and enhancement of watershed areas and assessments made for the purpose of this part are in the public interest and of statewide concern and vital to the future welfare of the State and its people.

SECTION 2. Chapter 174C, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . WATERSHED PROTECTION

§174C-A County watershed protection advisory committees. (a) Each county may establish a watershed protection advisory committee, which shall consist of four public members who shall be persons possessing professional qualifications as evidenced by an academic degree in hydrology, geology, biology, ecology, or forest management. The head of the county water agency shall be an ex officio voting member of the committee. The chairperson of the committee shall be elected by the committee members from among its public members.

(b) The members of the committee shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

§174C-B County watershed protection advisory committees; powers and duties. In addition to any other powers and duties granted by this part, each committee shall:

(1) Conduct scientific investigations and research to identify watersheds within the county where maintenance and enhancement projects are needed to improve infiltration of water through the soil and optimize recharge of surface and ground water supplies;

(2) Establish priorities for the development and implementation of a watershed improvement program for the watersheds identified as in need of maintenance and enhancement;

(3) Develop reasonable management practices that can be included as part of a watershed improvement program for the management and protection of watersheds, including erosion prevention and control, reforestation, surface water impoundment, and invasive species control and eradication; and

(4) Work with the department of land and natural resources, federal government agencies, affected landowners in the watersheds, and other government and private agencies to develop and implement a watershed improvement program for watersheds identified as in need of maintenance and enhancement, and to determine the cost of undertaking the watershed improvement programs.

§174C-C Designation of watershed management area; assessments; credits. (a) Based upon the recommendation of its watershed protection advisory committee, after scientific investigation and research, the county water agency may designate an area as a watershed management area to undertake a watershed improvement program for the maintenance and enhancement of water sources.

(b) Whenever the county water agency designates a watershed management area and undertakes a watershed improvement program, the cost of the improvement program shall be assessed to agency’s water users.

(c) The county water agency shall base its assessments according to the quantity of water used or according to any assessment method that assesses the user on the proportional share of the actual cost of the watershed improvement program or a reasonable estimate thereof, to be incurred by the county water agency. The assessment levied by this section shall not constitute a tax within the meaning of any constitutional or statutory provision.

(d) The county water agency shall allow credits equal to the value of past or future payments or contributions made toward the implementation of a watershed management plan developed with the department of land and natural resources pursuant to section 171-58 and implemented by a lessee or landowner.

§174C-D Collection and expenditure of assessments; refunds. (a) Assessments collected by the county water agency shall be deposited in a special trust fund or interest-bearing account for the watershed improvement program of the designated watershed management area. Assessments shall be expended by the county water agency for the costs related to the watershed improvement program for which they are collected.

(b) If assessments are not expended or encumbered within six years of the date of collection for the watershed improvement program for which they are collected, the county water agency shall refund the assessments or a proportional share of the remaining balance and any accrued interest to the persons paying the assessment or the person’s successor in title.

§174C-E Special trust funds or assessment accounts. Each county water agency shall establish a special trust fund or interest-bearing account for each watershed improvement program undertaken in a designated watershed management area. Assessments collected by the county water agency for the watershed improvement program shall be deposited into the special trust fund or interest-bearing account established for the program."

SECTION 3. Section 174C-3, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

""Agency" means the county water agency.

"Committee" means the county watershed protection advisory committee.

"Watershed" shall have the same meaning as defined in section 183-31.

"Watershed improvement program" means a plan of action utilizing reasonable practices for the management and protection of watersheds, including erosion prevention and control, reforestation, invasive species control and eradication, and monitoring of watershed resources.

"Watershed management area" means a watershed on public or private land designated by the county water agency for the purpose of establishing a watershed improvement program for the area."

SECTION 4. Section 183-31, Hawaii Revised Statutes, is amended to read as follows:

"§183-31 Watershed areas. The department of land and natural resources shall determine, after public hearing held in the same manner as provided in section 91-3, areas [which] that are watersheds.

The term "watershed" [as used in this part] means [(1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2) an area where water infiltrates into artesian or other ground-water areas from which the domestic water supply of any city, town or community is or may be obtained] an area defined by topographic boundaries from which the domestic water supply of any city, town, or community is or may be obtained, which may include a catchment area or subsurface drainage area where water infiltrates into artesian or other ground-water areas."

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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