REPORT TITLE:
Watershed Resource Management


DESCRIPTION:
Authorizes the establishment of Watershed Resource Management
Districts and Local Watershed Advisory Councils.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2355
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WATERSHED MANAGEMENT.



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

 1      SECTION 1.  Chapter 174C, Hawaii Revised Statutes, is
 
 2 amended by adding a new part to be appropriately designated and
 
 3 to read as follows:
 
 4             "PART   . WATERSHED RESOURCE MANAGEMENT
 
 5      §174C-    Purpose.  The purpose of this part is to encourage
 
 6 the commission on water resource management to institute planning
 
 7 based on watershed resource management districts.  This part also
 
 8 empowers citizens to form local watershed resource management
 
 9 district councils to facilitate productive interaction between
 
10 residents and other land occupiers within the watershed,
 
11 nongovernmental agencies with expertise in water resource
 
12 management, and governmental agencies.  The objective of this
 
13 part is to develop a common vision for the users of a designated
 
14 local watershed resource management district and to establish a
 
15 mechanism by which community-based recommendations for watershed
 
16 resource management may be delivered to public policymaking
 
17 agencies.
 
18      §174C-    Definitions.  As used in this part, unless the
 
19 context otherwise requires:
 

 
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 1      "Ahupua`a" means a Hawaiian land division which extends from
 
 2 the top of a mountain at the head of a valley, down through the
 
 3 forests, the agricultural area, the shoreline, and out to the
 
 4 reef.
 
 5      "Council" means the local watershed resource management
 
 6 council.
 
 7      "Land occupier" means any person, firm, or corporation, who
 
 8 leases or holds title to lands within a watershed resource
 
 9 management district.
 
10      "Watershed" means the total area of land through which water
 
11 is drained by a waterway or waterways that feed a channel or set
 
12 of channels.
 
13      §174C-    Creation of watershed resource management
 
14 districts; petition.  Occupiers of land or residents representing
 
15 a total of twenty-five or more votes lying within an area
 
16 proposed to be organized into a watershed resource management
 
17 district may file a petition with the department asking that the
 
18 district be organized.  The department shall prescribe the form
 
19 of the petition, which shall state:
 
20      (1)  The proposed name of the watershed resource management
 
21           district, and
 
22      (2)  The proposed boundaries of the area to be organized as
 
23           a watershed resource management district; provided that
 

 
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 1           the boundaries may be based on but not necessarily
 
 2           equal to traditional ahupua`a boundaries.
 
 3      Where more than one petition is filed covering parts of the
 
 4 same territory, the department may consolidate the petitions.
 
 5 The area of a district need not be contiguous but shall not
 
 6 include any of the area of any other watershed resource
 
 7 management district.
 
 8      §174C-  Hearing on petition.  Within thirty days after the
 
 9 filing of a petition, the department shall cause due notice to be
 
10 given of a public meeting to consider the question of the need
 
11 for the creation of the watershed resource management district,
 
12 whether local public sentiment is in favor of its creation, and
 
13 the area that should be included within its boundaries.  After
 
14 the meeting, if the department determines that there is a need
 
15 for the watershed resource management district and public
 
16 sentiment favors its creation, it shall define the boundaries for
 
17 the proposed district.  If the department denies any petition to
 
18 organize a district, subsequent petitions covering the same or
 
19 substantially the same area may be filed with the department
 
20 after six months after the date of the denial of the petition.
 
21      §174C-    Referendum on creation; election of advisory
 
22 council members.(a)  After the department has determined that
 
23 there is need for, and local public sentiment is in favor of, the
 

 
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 1 creation of a proposed watershed resource management district,
 
 2 within a reasonable time, it shall give due notice of and hold a
 
 3 referendum upon the question of the creation of the watershed
 
 4 resource management district, and, at the same time, hold an
 
 5 election to elect seven advisory council members for the
 
 6 watershed resource management district's local watershed advisory
 
 7 council.  Nominating petitions may be filed with the department
 
 8 to nominate candidates for advisory council members but must be
 
 9 filed at least ten days prior to the election and must be
 
10 subscribed by residents or occupiers of lands representing a
 
11 total of twenty-five or more votes within the proposed district.
 
12 Residents and land occupiers may sign more than one petition.
 
13      (b)  Residents or occupiers of lands lying within the
 
14 proposed watershed resource management district may vote on the
 
15 proposition of the creation of the watershed resource management
 
16 district and in the election of watershed resource management
 
17 district advisory council members.  Voting shall be by ballots on
 
18 which shall appear the words "For Creation of the--Watershed
 
19 Resource Management District," and "Against Creation of
 
20 the--Watershed Resource Management District," with a square
 
21 before each proposition and a direction to mark the square before
 
22 one or the other of the propositions as favored by the voter.
 
23 The names of candidates nominated for watershed resource
 

 
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 1 management district advisory council members shall also appear on
 
 2 ballots with a square before each name and a direction to mark
 
 3 the square before any seven names to indicate the voter's
 
 4 preference; provided that if the number of candidates nominated
 
 5 for the watershed resource management district advisory council
 
 6 members does not exceed the number of vacancies, the department
 
 7 of land and natural resources shall certify the election of the
 
 8 candidates nominated.  If the number of candidates exceed a
 
 9 vacancy, the seven candidates receiving the most votes shall be
 
10 certified as elected.  The department shall adopt rules relating
 
11 to the conduct and payment of all expenses relating to the
 
12 referenda and elections.
 
13      (c)  Any other provision contained in this part to the
 
14 contrary notwithstanding, a referendum upon the question of the
 
15 creation of the watershed resource management district need not
 
16 be held if the petition asking for the organization of the
 
17 watershed resource management district is signed by all of the
 
18 residents and land occupiers within the same.
 
19      §174C-  Local watershed advisory council; duties under
 
20 this part.  Local watershed advisory councils shall hold duly
 
21 noticed public meetings and accept testimony when developing
 
22 recommendations on the watershed resource management district
 
23 under their jurisdiction.  In addition to developing
 

 
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 1 recommendations on watershed resource management districts under
 
 2 their jurisdiction, the councils shall:
 
 3      (1)  Alert the commission and state agencies of potential
 
 4           water resource problems in the watershed;
 
 5      (2)  Assist governmental and nongovernmental agencies in
 
 6           assessing water resource problems, developing plans,
 
 7           and implementing restoration projects;
 
 8      (3)  Facilitate productive interaction between residents and
 
 9           other land occupiers within the watershed,
 
10           nongovernmental agencies with expertise in water
 
11           resource management, and governmental agencies, to
 
12           develop a common vision for the users of a designated
 
13           local watershed resource management district; and
 
14      (4)  Recommend research studies, data collection, and
 
15           planning activities designed to provide additional
 
16           relevant information regarding water resource
 
17           management within a watershed resource management
 
18           district.
 
19      §174C-    Commission on water resource management; duties
 
20 under this part.(a)  The commission, in rendering any decisions
 
21 on water allocation in the State, shall take into consideration
 
22 the recommendations of the local watershed advisory council or
 
23 councils that the proposed water allocation will affect.
 

 
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 1      (b)  The commission shall notify all appropriate state
 
 2 agencies on the establishment of each watershed resource
 
 3 management district and local watershed advisory council.
 
 4      §174C-  Interagency cooperation.  Any local watershed
 
 5 advisory council may request through the commission, that state
 
 6 agencies provide technical support and guidance on issues
 
 7 relating to watershed management.
 
 8      §174C-    Annual report.  Not later than twenty days prior
 
 9 to the convening of each legislative session, the department
 
10 shall report to the legislature on its progress in implementing
 
11 watershed-based resource management.  The report shall also
 
12 include information on the watershed resource management
 
13 districts established and the local watershed advisory councils
 
14 created."
 
15      SECTION 2.  New statutory material is underscored.
 
16      SECTION 3.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:_________________________