STAND. COM. REP. NO 3123

Honolulu, Hawaii

RE:    S.C.R. No. 77

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred S.C.R. No. 77 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT, COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA HOMESTEADS, KIHEI, MAUI, FOR SEAWALL AND ROCK REVETMENT PURPOSES,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement, covering a portion of state submerged lands at Waiohuli-Keokea Homesteads, Kihei, Maui, for seawall and rock revetment purposes.

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

     Your Committee finds that a seawall and rubble rock revetment encumber approximately 2,387 square feet, of which is a portion of state submerged lands seaward of Tax Map Key:  (2) 3-9-012:004.  On May 18, 2006, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources determined that allowing the encroachment to remain through the issuance of an easement would have no adverse impact on natural resources, including beach resources and public access.  On June 10, 2010, under agenda item D-10, the Board of Land and Natural Resources granted an amended approval for a fifty-five year term, non‑exclusive easement to a private trust.  This measure provides legislative approval pursuant to section 171-53, Hawaii Revised Statutes, for the issuance of the easement.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 77, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 77, S.D. 1.

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

____________________________

MALAMA SOLOMON, Chair