HOUSE OF REPRESENTATIVES	H.B. NO.	1325
THIRTIETH LEGISLATURE, 2019		H.D. 1
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. The department shall give prior notice to the game management advisory commission established by section 183D-4.5 before:

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

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

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 provided to the game management advisory commission established by section 183D-4.5 prior to the board's approval of the lease.

(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 provided to the game management advisory commission established by section 183D-4.5 prior to the board's renewal of the lease."

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 prior notice to 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 on July 1, 2050.

Report Title:

DLNR; Game Management Advisory Commission; Watershed Management

Description:

Requires DLNR to give prior notice to the Game Management Advisory Commission when establishing or amending watershed projects or management plans on state lands or pursuant to a water rights lease and suspend all aerial shooting activity until final adoption of watershed management rules that integrate Commission recommendations. (HB1325 HD1)

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