Preserves water for agricultural use on lands classified by the Land Study Bureau as class A or B or on lands dedicated to agricultural use.

A BILL FOR AN ACT

SECTION 1. In 1978, voters approved article XI, section 1, of the Constitution of the State of Hawaii, which establishes the constitutional guidelines for state policies to promote the conservation and development of resources of the State.

Article XI, section 1, in its first paragraph, reads as follows:

The constitutional convention of 1978, defined the word "conservation" to mean "the protection, improvement and use of natural resources according to principles that will assure their highest economic or social benefits." (Standing Committee Report No. 77) The intent of the constitutional convention was to conserve and protect all of Hawaii's natural resources and to provide for their protection, improvement, and use in a manner that will yield the highest economic or social benefits.

Article XI, section 3, of the Constitution of the State of Hawaii, mandates that the State shall provide for the conservation and protection of agricultural lands and ensure the availability of agriculturally suitable lands.

The legislature finds that the Hawaiian word ‘aina which conveys the sense of arable land, is derived from ‘ai, meaning food or to eat, with the substantive na added, so that it means "that which feeds". The Hawaiian farmer considered the area beyond or intersecting the kula lands, which are the plains or sloping land without trees, as prime lands, which he favored for habitation and subsistance. This area is the kahawai, "the place [having] fresh water".

"Water, which gave life to food plants as well as to all vegetation, symbolized bounty for the Hawaiian gardener for it irrigated his staff of life -- taro." (E.S. Handy and E.G. Handy, Native Planters in Old Hawaii, 1972.) Water, then, is the source of life for the land and is essential for agricultural production.

The legislature finds that native planters of Hawaii had no concept of the ownership of water, only the use of water and land. Article XI, section 1, of the Constitution of the State of Hawaii, provides that the all public natural resources are held in trust by the State for the benefit of the people. However, in order to carry out the mandates of article XI, section 3, which provides that the State shall "conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands", the legislature finds that provisions have to be made to ensure that adequate agricultural water is available for agricultural endeavors on agricultural lands.

The legislature finds that the Hawaii supreme court in In re Water Use Applications, 94 Haw. 97 (2000), held that, "water use for diversified agriculture on land zoned for agriculture is consistent with the public interest. Such use fulfills state policies in favor of reasonable and beneficial water use, diversified agriculture, conservation of agricultural lands, and increased self-sufficiency of this state."

The purpose of this Act is to ensure the availability of adequate agricultural water for agricultural lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B, and agricultural lands in active agricultural production on January 1, 2007, with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U, that have been dedicated for agriculture pursuant to county ordinance.

SECTION 2. Chapter 174C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§174C- Preservation of agricultural water. The commission shall preserve water in such locations and quantities contained in a declaration filed pursuant to section 174C-26, for agricultural use on:

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.