CONFERENCE COMMITTEE REP. NO. 11-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1768

H.D. 2

S.D. 2

C.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1768, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE DISPOSITION OF WATER RIGHTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Exempt the instream use of water for traditional and customary kalo cultivation practices from the existing process for disposition of water rights;

(2) Clarify that the powers and duties of the Commission on Water Resource Management to determine appurtenant water rights include the specification of the water course or the means of access and delivery entitled to by that right;

(3) Clarify that nothing in chapter 174C, part IV, Hawaii Revised Statutes, relating to the regulation of water use, shall be construed to deny the exercise of an appurtenant right, including access by the holder to conduct activities necessary to assure the use, delivery, and quality of water, that shall not be unreasonably withheld; and

(4) Clarify that the appurtenant water rights of kuleana and taro lands include access by the holder to conduct activities necessary to assure the use, delivery, and quality of water, that shall not be unreasonably withheld.

Your Committee on Conference has amended this measure by changing its effective date to upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1768, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1768, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ LORRAINE R. INOUYE Chair	____________________________ MARK J. HASHEM Co-Chair
____________________________ MIKE GABBARD Co-Chair	____________________________ DAVID A. TARNAS Co-Chair
____________________________ LAURA ACASIO Co-Chair	____________________________ MARK M. NAKASHIMA Co-Chair