Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 549 entitled:

beg leave to report as follows:

The purpose of this measure is to provide the Board of Agriculture, under the State Water Code, with comparable authority over irrigation water as the county water supply agencies exercise over water for municipal purposes.

Testimony in support of this measure was submitted by the Board of Agriculture, Kamehameha Schools, the Hawaii Agriculture Research Center, and the Hawaii Farm Bureau. Testimony in opposition to the measure was submitted by EarthJustice and Life of the Land.

Your Committees find that under this measure the Department of Agriculture, which has the expertise and knowledge of managing state irrigation systems, will have the same allocation authority as that delegated to a County Board of Water Supply. The only irrigation systems that would be affected are located in Kahuku, Oahu and on Molokai. Because the Commission on Water Resource Management focuses on potable and environmental water issues, they have little working knowledge in the management of agricultural water. The Department of Agriculture, on the other hand, has fifteen years experience planning, designing, constructing, managing, and operating the State's five irrigation systems.

Your Committees also find that to encourage and expand Hawaii's agricultural industry, there must be some assurances of the availability of agricultural water. Without such assurances, agribusinesses will not commit the tremendous amount of resources to start or expand their operations. This measure will provide some stability for the agricultural industry.

The Department of Agriculture submitted suggested amendments to the measure for clarification purposes. With these amendments, the Commission on Water Resource Management will first allocate in bulk the amount allotted for agricultural purposes, and then the Department of Agriculture will determine individual water allocations.

Your Committees have amended the measure to effectuate the suggested amendments and have made a technical, nonsubstantive amendment to accurately reflect existing statutory language.

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Transportation, Military Affairs, and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 549, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 549, S.D. 1, and be placed on the calendar for Third Reading.