Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.C.R. No. 8 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the issuance of a non-exclusive easement for a portion of submerged lands at Kaneohe, Koolaupoko, Oahu, Hawaii for the maintenance of a breakwater.

Testimony in support of the measure was received from the Department of Land and Natural Resources.

Your Committee finds that a breakwater, consisting of 197 square feet, was recently found encroaching onto state submerged lands at Kaneohe, Oahu. Your Committee further finds that a prior owner had built the unauthorized breakwater, and that the current owner is amenable to maintaining it.

Your Committee finds that the maintenance of the breakwater, which is inaccessible to the public, has minimal impact on the beach as well as the visual and recreational resources in the area. The Department of Land and Natural Resources has approved the easement so that the breakwater will be maintained, but the law requires approval by the Legislature, as well as the Governor. This concurrent resolution constitutes the necessary legislative approval.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 8 and recommends its adoption.