STAND. COM. REP. NO. 1191

Honolulu, Hawaii

RE:    S.C.R. No. 69

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred S.C.R. No. 69 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A FIFTY-FIVE YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT PUAMANA, LAHAINA, MAUI, FOR VARIOUS SEAWALL STRUCTURES, A CONCRETE GROIN, AND REVETMENT FOOTINGS OF A HISTORIC SWIMMING POOL,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the issuance of a fifty-five year term, non-exclusive easement covering a portion of state submerged lands at Puamana, Lahaina, Maui, for various seawall structures, a concrete groin, and revetment footings of a historic swimming pool.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

     The subject property covers a portion of state submerged lands fronting the property identified as tax map key (2) 4-6-028:001 at Puamana, Lahaina, Maui.  The easement is to be used for maintenance, repair, replacement, and removal of the existing seawall structures, the concrete groin, and the revetment footings of the historic swimming pool over, under, and across state-owned land.

     The Puamana Community Association owns the property located at 34 Puailima Place, Lahaina, Hawaii.  The seawall structures, built in the 1930s, follow along the shoreline and provide stability and necessary coastal protection for the property.  The concrete groin and revetment footings represent part of a historic swimming pool that was built in the 1930s as part of a former plantation manager's residence.  Portions of the seawall structures, the concrete groin, and revetment footings of the historic swimming pool encumber a total of 1,895 square feet of state submerged land.  The Office of Conservation and Coastal Lands of the Department of Land and Natural Resources has determined that the structures are existing and non-conforming, in that they were constructed prior to October 1964 and prior to the subject land being designated as a conservation district.

     On October 26, 2012, under agenda item D-6, the Board of Land and Natural Resources granted approval for a fifty-five year term, non-exclusive easement to the Puamana Community Association for five shoreline encroachments (identified as Easements "E-1" through "E-5" in the February 2012 Application for Request for State Lands) for the seawall structures, the concrete groin, and the revetment footings of the historic swimming pool.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 69 and recommends that it be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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MALAMA SOLOMON, Chair