Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1594 entitled:

begs leave to report as follows:

The purpose of this measure is to add one more member to the Commission on Water Resource Management who has substantial experience in traditional Hawaiian water resource management techniques and in traditional riparian usage.

Testimony in support of this measure was received from the Office of Hawaiian Affairs, Ka Lahui Hawaii, and Life of the Land. Testimony in opposition was received from the Commission on Water Resource Management (Commission).

Section 174C-101, Hawaii Revised Statutes (HRS), relating to native Hawaiian water rights, requires, among other things, that:

This measure ensures that such mandate is fulfilled. Your Committee's intent is that the Commission have sufficient expertise in making decisions that could impact native Hawaiian water rights. The intended result is to avoid possible lawsuits stemming from the Commission's decisions.

Your Committee notes the opposition of the Commission, based on the "broad mandate to weigh many interests". However, your Committee believes that the one additional member under this measure is complementary rather than supplementary, in that the Commission should have one member who could provide input on issues that may affect water rights under section 174C-101, HRS, while at the same time serve the broader interests of the general public.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1594 and recommends that it pass Third Reading.