Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, & Ocean Resources, to which was referred H.C.R. No. 293 entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to urge the Commission on Water Resource Management (Commission) to fulfill its constitutional and statutory mandate to protect public trust instream use and restore continuous stream flows by establishing scientifically-based instream flow standards (IFS) and addressing the Na Wai Eha situation.

The Office of Hawaiian Affairs, a member of the Maui County Council, Sierra Club, Hawaii Chapter, Earthjustice, Hanalei Watershed Hui, Hawaii’s Thousand Friends, Maui Tomorrow, and numerous concerned individuals supported this concurrent resolution. The Department of Land and Natural Resources supported the intent of this measure. The Hawaiian Commercial & Sugar Company and Hawaii Farm Bureau Federation opposed this measure.

It is the Legislature’s intent that this concurrent resolution be applied generically towards the establishment of statewide IFS. The reference to Na Wai Eha stream on Maui is primarily by way of example because of its significance and the pending petition before the Commission for the establishment of interim IFS.

Upon careful consideration, your Committee has amended this concurrent resolution by:

1. Clarifying the extent to which diversions are affecting the beneficiaries of the State’s water resources by including the proportion and number of diversions;
2. Adding to the measures to be taken by the Commission to fulfill its constitutional and statutory mandate, the finalization of its strategic plan that includes:

(A) Identifying and prioritizing streams that require IFS;

(B) Securing federal funds and services;

(C) Establishing partnerships with federal and county agencies, as well as private business and conservation organizations; and

(D) Considering the allocation of water for designated "important agricultural lands;"

and

3. Making other technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 293, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 293, H.D. 1.