Report Title:

Lake Wilson; Appropriation

Description:

Makes an appropriation for the purchase of land in Wahiawa, Oahu, underlying Lake Wilson or in the event of grant of the land by the landowners, an appropriation to maintain the Wahiawa dam.  (HB844 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	844
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

mAKING AN APPROPRIATION FOR THE PURCHASE OF REAL PROPERTY IN WAHIAWA, oAHU.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the body of water in Wahiawa, commonly referred to as Lake Wilson, is on real property owned by the George Galbraith Trust and an affiliate of Castle and Cooke Hawaii.  The sole trustee of the Galbraith Trust has confirmed that, in accordance with law, the trust is to terminate in April 2007, liquidate all its assets in Hawaii, and distribute the liquid assets to the beneficiaries of the trust.  Accordingly, the trustee intends to sell the land that the trust owns under Lake Wilson.  However, Lake Wilson remains an agricultural irrigation asset of the other half-owner of the lands under the lake, Castle and Cooke.

     According to the American Society of Civil Engineers, the earthen Wahiawa dam on Kaukonahua stream that creates Lake Wilson is classified "high hazard", not because of structural or functional deficiencies, but because of its precarious location.  A failure of the Wahiawa dam could cause massive loss of life,

injuries, and property damage to downstream areas throughout the communities of Waialua and Haleiwa.

     However, the Wahiawa dam and the resulting Lake Wilson symbolize not only a potential hazard, but also a potentially valuable outdoor park and water recreational opportunity, each of which would be a matter of statewide significance.

     Recent discussions between the Galbraith Trust and Castle and Cooke Hawaii and state officials have explored the possibility of "gifting" the land beneath Lake Wilson to the State.

     The purpose of this Act is to appropriate moneys to:

     (1)  Acquire the real property beneath Lake Wilson and appurtenant lands;

     (2)  Undertake measures to ensure that the earthen Wahiawa dam is properly maintained; and

     (3)  Explore the possible future recreational uses of Lake Wilson.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 to:

     (1)  Acquire the lands underlying Lake Wilson and appurtenant contiguous lands through purchase or donation;

     (2)  Undertake measures to ensure that Wahiawa dam is properly maintained; and

     (3)  Plan for the use of Lake Wilson for recreational purposes.

     The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2020.