HOUSE OF REPRESENTATIVES	H.B. NO.	1325
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to the department of land and natural resources.

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

SECTION 1. Chapter 183, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§183- Watershed project; watershed management plans; game management advisory commission approval. The department shall obtain the approval of the game management advisory commission established by section 183D-4.5 before:

(1) Establishing a new watershed project or management plan; or

(2) Amending any existing watershed project or management plan."

SECTION 2. Section 171-58, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:

"(e) Any new lease of water rights shall contain a covenant that requires the lessee and the department of land and natural resources to jointly develop and implement a watershed management plan. The board shall not approve any new lease of water rights without the foregoing covenant or a watershed management plan. The board shall prescribe the minimum content of a watershed management plan; provided that the watershed management plan shall [require]:

(1) Require the prevention of the degradation of surface water and ground water quality to the extent that degradation can be avoided using reasonable management practices[.]; and

(2) Be reviewed and approved by, and incorporate any additional recommendations from, the game management advisory committee established by section 183D-4.5.

(f) Upon renewal, any lease of water rights shall contain a covenant that requires the lessee and the department of land and natural resources to jointly develop and implement a watershed management plan. The board shall not renew any lease of water rights without the foregoing covenant or a watershed management plan. The board shall prescribe the minimum content of a watershed management plan; provided that the watershed management plan shall [require]:

(1) Require the prevention of the degradation of surface water and ground water quality to the extent that degradation can be avoided using reasonable management practices[.]; and

(2) Be reviewed and approved by, and incorporate any additional recommendations from, the game management advisory committee established by section 183D-4.5."

SECTION 3. Section 183-31, Hawaii Revised Statutes, is amended to read as follows:

"§183-31 Watershed areas. The department of land and natural resources shall determine, after public hearing held in the same manner as provided in section 91-3, areas which are watersheds[.]; provided that the determination shall require the approval of the game management advisory commission established pursuant to section 183D-4.5.

The term "watershed" as used in this part means (1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2) an area where water infiltrates into artesian or other ground-water areas from which the domestic water supply of any city, town or community is or may be obtained."

SECTION 4. The department of land and natural resources shall suspend all aerial shooting activity until the board of land and natural resources has adopted, and the governor has approved, new rules that incorporate the recommendations of the game management advisory commission in decisions relating to watershed management as provided by this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DLNR; Game Management Advisory Commission; Watershed Management

Description:

Requires the Department of Land and Natural Resources to obtain the approval of the Game Management Advisory Council when establishing new watershed projects or watershed management plans, or amending existing watershed projects or watershed management plans. Requires the Department to suspend all aerial shooting activity until the Board of Land and Natural Resources adopts, and the governor approves, rules that integrate the recommendations of the Game Management Advisory Council into its watershed management plans.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.