HOUSE OF REPRESENTATIVES

H.B. NO.

848

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROTECTION OF STREAMS.

 

 

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

 


SECTION 1. Ola i ka wai. The legislature finds that the board of land and natural resources lacks rules for rendering decisions on dispositions of water. The legislature recognizes that public trust principles must guide these decisions and must supersede commercial interests. The legislature further recognizes that impacts of climate change are not sufficiently clear to allow for any disposition lasting more than fifteen years.

The purpose of this Act is to:

(1) Prohibit the board from approving any disposition that authorizes the diversion of water from streams unless certain conditions are met to maintain the natural resources in public trust;

(2) Require moneys collected through such dispositions to be deposited into the forest stewardship fund; provided that the department of Hawaiian home lands and office of Hawaiian affairs each receive their constitutionally-entitled share.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"171-   Dispositions that authorize the diversion of water from streams. (a) The board shall not approve any disposition that authorizes or has the effect of authorizing the diversion of water from streams, unless:

(1) The authorization is for no more than fifteen years;

(2) The board has accurate information regarding the amount of water that flows through the subject stream and the amount of water proposed to be removed from the stream;

(3) The amount of consideration is at least ninety per cent of the avoided cost to the applicant of obtaining the water from an alternative source;

(4) No more than fifty per cent of the water in a stream, as measured near the diversion, may be removed from the stream at any time;

(5) The board determines that the diversion will not adversely impact the ecological, cultural, recreational, and aesthetic values of the stream; and

(6) All other legal requirements are met.

(b) Subsection (a) shall not apply to any authorization for taro cultivation.

(c) Moneys collected through any disposition that authorizes or has the effect of authorizing the diversion of water from a stream shall be deposited into the forest stewardship fund, section 195F-4; provided that the department of Hawaiian home lands and the office of Hawaiian affairs each receive their constitutionally-entitled share."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Water Diversion; Land Disposition; Forest Stewardship Fund; DLNR

 

Description:

Prohibits dispositions authorizing the diversion of water from streams unless certain conditions are met. Requires moneys collected through such dispositions to be deposited into the Forest Stewardship Fund, provided that the Department of Hawaiian Home Lands and Office of Hawaiian Affairs each receive their constitutionally-entitled share.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.