STAND. COM. REP. NO. 1819

Honolulu, Hawaii

, 2005

RE: H.C.R. No. 293

H.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred H.C.R. No. 293, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION URGING THE COMMISSION ON WATER RESOURCE MANAGEMENT TO FULFILL ITS CONSTITUTIONAL AND STATUTORY MANDATE TO PROTECT PUBLIC TRUST INSTREAM USES,"

begs leave to report as follows:

The purpose of this measure is to urge the Commission on Water Resource Management to fulfill its constitutional and statutory mandate to protect public trust instream uses.

The Office of Hawaiian Affairs, the Mayor of the County of Maui, Earthjustice, Fragrant Orchids of Maui, the Hanalei Watershed, the Sierra Club-Hawaii Chapter, and eight individuals submitted testimony in support of this measure. The Hawaii Farm Bureau Federation submitted testimony in opposition to this measure. The Department of Land and Natural Resources submitted comments on this measure.

The State Constitution requires that Hawaii's precious water resources be held by the State in public trust for the benefit of present and future generations. Pursuant to the mandate, the Legislature enacted the State Water Code (Code) and created the Commission on Water Resource Management (Commission) to serve as the primary trustee of the State's water resources. However, your Committee finds that the Commission has not done enough to protect the State's water resources and can do more to protect it as mandated by the Code and the constitution. Thus, this measure:

(1) Affirms the Legislature's belief that stream restoration is essential to support and restore Hawaii's natural, cultural, and recreational treasures for current and future generations;

(2) Urges the Commission to fulfill its constitutional and statutory mandate to protect instream uses;

(3) Urges the Commission to meet with various organizations and groups; and

(4) Requests the Commission to submit a report on its progress and findings to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 293, H.D. 1, and recommends its adoption.

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

____________________________

RUSSELL S. KOKUBUN, Chair