Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2808, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Commission on Water Resource Management to determine appurtenant water rights under the State Water Code.

Your Committee finds that this measure will clarify the Commission's role in determining appurtenant water rights and allow the Commission to carry out its responsibilities in allocating water in water management areas and determining instream flow standards.

Your Committee has amended this measure to address a concern raised regarding a previous amendment to delete a reference to Chapter 77, Hawaii Revised Statutes (HRS), by reinstating the language. Section 150 of Act 253, Session Laws of Hawaii 2000, has a provision regarding the repeal of Chapter 77, HRS.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2808, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2808, S.D. 2.