STAND. COM. REP. NO. 2707

Honolulu, Hawaii

RE: S.B. No. 2759

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2759, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to exempt the instream use of water used for traditional and customary kalo cultivation from the Department of Land and Natural Resources' disposition of water rights process.

Your Committee received written comments in support of this measure from the Department of Hawaiian Home Lands; a member of the Hawaii County Council; County of Kauai Planning Department; Office of the Mayor of the County of Kauai; Council for Native Hawaiian Advancement; Kuaaina Ulu Auamo; Sierra Club of Hawaii; Aloha Aina Legal Group, LLLC; Waioli Valley Taro Hui; Ahahui o na Kauka - Association of Native Hawaiian Physicians; Hui o Na Wai Eha; Earthjustice; Papa Ola Lokahi; Haiku Community Association; Hanalei Hawaiian Civic Club; and thirteen individuals.

Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that providing a water disposition exemption for certain kalo cultivation will help to reduce barriers for taro cultivation, reduce the cost to produce poi, increase food production in Hawaii, and protect the traditional and customary practices of Native Hawaiians as mandated by the Hawaii State Constitution.

Your Committee has amended this measure by:

(1) Including a severability clause; and

(2) Making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2759, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2759, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair