HOUSE OF REPRESENTATIVES	H.C.R. NO.	196
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO PRIORITIZE STREAM RESTORATION AND PROTECTION WHEN DISCUSSING AND MAKING WATER AND LAND USE DECISIONS AFFECTING THE ENVIRONMENT AND DRINKING WATER.

WHEREAS, under article XI, section 7 of the Hawaii State Constitution, the "State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people"; and

WHEREAS, the public trust doctrine applies, without exception, to all water resources in the State, such as rivers and streams; and

WHEREAS, an important, protected trust purpose for water resources is the maintenance of rivers and streams in their natural state; and

WHEREAS, another important protected trust purpose for water resources is use of waters in the exercise of Native Hawaiian traditional and customary practices; and

WHEREAS, a third protected trust purpose for water resources is protection of safe drinking water for the people of Hawaii; and

WHEREAS, although the use of water for economic development produces important public benefits, private commercial use is not a protected trust purpose; and

WHEREAS, the State, with the aim of maximizing both social and economic benefits for the people of Hawaii, is required to actively balance the protection of waters and the equitable, reasonable, and beneficial use of rivers and streams; and

WHEREAS, under the public trust doctrine, the State is compelled to consider the cumulative impact of existing and proposed diversions as well as implement mitigating measures, including the use of alternative water sources; and

WHEREAS, under the public trust doctrine, the State must also carefully assess the significant environmental impacts that each individual request to divert water will have on rivers and streams prior to approving the request; and

WHEREAS, in exercising its public trust authority over rivers and streams, the State is required to review prior authorizations to divert or allocate water, even when those previous decisions were determined to be in the public interest at that time; and

WHEREAS, water resource management requires long-term decision-making and forward-thinking planning for future circumstances, such as the impacts that climate change may have on water resources; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the Board of Land and Natural Resources (Board) is requested to prioritize stream restoration and protection when discussing and making water and land use decisions affecting the environment and drinking water; and

BE IT FURTHER RESOLVED that the Board is requested to ensure that it bases any decision to divert water from a stream or river on accurate information regarding the amount of water flow in the river or stream and the amount of water that is proposed to be diverted; and

BE IT FURTHER RESOLVED that the Board is requested to ensure that any decision to divert water from a river or stream or approve any holdover permits for water rights will not adversely impact the ecological, cultural, recreational, or aesthetic values of the river or stream; and

BE IT FURTHER RESOLVED that the Board is requested to permit no more than half of the water to be removed from a river or stream, as measured near the point of diversion; and

BE IT FURTHER RESOLVED that the Board is requested to charge an applicant who requests the diversion of water from a stream or river at least ninety percent of the cost to obtain the same amount of water from an alternative source; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

OFFERED BY:

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Report Title:

Public Trust; Water Resources; Streams; Rivers; Diversion