HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
124 |
TWENTY-SECOND LEGISLATURE, 2004 |
H.D. 1 |
|
STATE OF HAWAII |
||
RESOLUTION
AUTHORIZING THE ISSUANCE OF A LEASE OF WATER RIGHTS FOR THE USE OF THE "BLUE HOLE" DIVERSION AND PORTIONS OF A WATER TRANSMISSION SYSTEM LOCATED IN the wailua SECTION OF THE LIHUE-KOLOA FOREST RESERVE FOR HYDROPOWER PRODUCTION PURPOSES.
WHEREAS, General Lease No. S-3827 was a 30-year lease allowing the East Kauai Water Company to divert, store, take, draw off, conduct away, and dispose of government-owned water used by Lihue Plantation Company for agricultural irrigation and hydropower generation; and
WHEREAS, General Lease No. S-3827 covered an extensive water collection, delivery, and distribution system that was divided into three sections: Anahola-Kealia section, central Wailua-Kapaa section, and Hanamaulu-Lihue section; and
WHEREAS, Citizens Communications Company, Kauai Electric Division (KE) was conveyed two hydroelectric power plants that were used to generate power for the Lihue Plantation operation; and
WHEREAS, the hydroelectric power plants rely on water from diversions on the North Fork of the Wailua River and Waikoko Stream known collectively as the "blue hole" diversion (diversion); and
WHEREAS, the two hydroelectric power plants' use of the water is a nonconsumptive use, because the water is used to generate hydroelectric power and then is returned to the system; and
WHEREAS, in 2001, KE requested a 65-year lease of water rights to the diversion from the Department of Land and Natural Resources (DLNR); and
WHEREAS, in 2002, KE was sold to the Kauai Island Utility Cooperative (KIUC), a nonprofit cooperative electric company; and
WHEREAS, KIUC continues to operate the two hydroelectric power plants that supply electricity to the KIUC system; and
WHEREAS, in 2002 and 2003, the Board of Land and Natural Resources approved a revocable permit for KIUC to have continued use of the water at the diversion; and
WHEREAS, KIUC continues to seek a long-term lease of water rights from DLNR for the continued use of water at the diversion; and
WHEREAS, the security of a long-term lease would provide the financial justification for the capital expenditure required to refurbish the hydroelectric power plants and to perform the required maintenance and repairs that would continue and enhance the power production of the facilities; it would also provide sufficient, reliable electricity to meet the needs of the cooperative members of Kauai on a long-term basis; and
WHEREAS, section 171-58(c), Hawaii Revised Statues (HRS), requires prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to issue a lease of water rights for nonconsumptive purposes; now, therefore
BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that KIUC adequately satisfy those conditions stipulated by the Board of Land and Natural Resources in its current revocable permit and resolve issues such as emergency water allocation before the issuance of a lease; and
BE IT FURTHER RESOLVED that the Board of Land and Natural Resources is hereby authorized to issue a lease of water rights to KIUC for the use of the "blue hole" diversion and portions of a water transmission system located in the Wailua section of the Lihue-Koloa forest reserve (Tax Map Key No. 3-9-01:1) for hydropower production purposes pursuant to section 171-58, HRS; and
BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.Report Title:
AUTHORIZING THE ISSUANCE OF A DIRECT LEASE OF WATER RIGHTS FOR THE USE OF THE "BLUE HOLE" DIVERSION AND PORTIONS OF A WATER TRANSMISSION SYSTEM LOCATED IN THE WAILUA SECTION OF THE LIHUE-KOLOA FOREST RESERVE FOR HYDROPOWER PRODUCTION PURPOSES.