Report Title:

Commission on Water Resource Management; Geologist; Hydrologist

Description:

Appropriates funds to the commission on Water Resource Management for a hydrologist position and a geologist position. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1433

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

making an appropriation to the commission on water resource management.

 

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

SECTION 1. The purpose of this Act is to appropriate funds to the commission on water resource management for two new positions. Part I of this Act appropriates moneys to the commission for a hydrologist IV position. Part II of this Act appropriates moneys to the commission for a geologist I position.

PART I

SECTION 2. The commission on water resource management is responsible for establishing an instream use protection program to protect, enhance, and reestablish beneficial instream uses of water in the State. Specifically, the instream use protection section, within the stream protection and management branch, of the commission has the particularly difficult task of setting instream flow standards for all streams in Hawaii, as mandated by a 2000 Hawaii supreme court decision (94 H. 97, 9 P.3d 409). In the 2000 decision, the court stated that "instream flow standards serve as the primary mechanism by which the Commission is to discharge its duty to protect and promote the entire range of public trust purposes dependent upon instream flows."

In 2004, the supreme court issued another decision regarding this matter (103 H. 401, 83 P.3d 664), and reminded the commission that the permanent instream flow standards had still not been set. In fact, seventeen years have passed since the Water Code was enacted requiring the commission to set the standards and still the commission has not completed the task.

The legislature finds that it is important that the Waiahole instream flow standards be established for twenty-seven east Maui streams and four west Maui streams from Waihee to Waikapu. However, there is currently only one hydrologist to accomplish the large task of establishing the flow standards.

The purpose of Part I of this Act is to appropriate moneys for a hydrologist IV position to assist the instream use protection section with establishing the necessary instream flow standards.

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 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, for a hydrologist IV position to assist the instream use protection section in establishing the necessary instream flow standards.

SECTION 4. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

PART II

SECTION 5. The survey branch of the commission on water resource management is responsible for collecting and analyzing geologic and hydrologic data for maintaining the State's well and water use database. The survey branch also assists other branches within the commission with data analysis, which including aquifer test analysis, groundwater and surface water interaction determination, and groundwater interpretation. In addition, the branch also consults with other divisions within the department of land and natural resources to determine mitigation measures and to develop departmental policies for potential rock falls, debris flows, and other geologic hazards.

With these increased responsibilities, as well as its regular responsibilities, the survey branch is understaffed and in need of additional help to accomplish its tasks. The legislature finds that another geologist position is necessary for the branch to accomplish its responsibilities.

The purpose of Part II of this Act is to appropriate moneys for a geologist I position in the survey branch of the commission on water resource management.

SECTION 6. 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 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, for a geologist I position in the survey branch of the commission on water resource management.

SECTION 7. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 8. This Act shall take effect on July 1, 2005.