STAND. COM. REP. NO. 872

Honolulu, Hawaii

RE: S.B. No. 1386

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1386, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DECLARATION OF WATER SHORTAGE AND EMERGENCY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify the conditions, manner, and areas in which the Commission on Water Resource Management (Commission) of the Department of Land and Natural Resources can declare water shortages and issue emergency orders;

(2) Require the water shortage plan developed by the Commission to be statewide;

(3) Allow the Commission to impose restrictions on well and stream diversion owners that are outside of water management areas; and

(4) Clarify the Commission's authority to modify, suspend, or revoke water use permits in the case of a long-term or permanent reduction of the available water source due to a water shortage or emergency.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Honolulu Board of Water Supply.

Your Committee finds that recent emergencies, including wild fires and the Red Hill crisis, demonstrate that the existing State Water Code did not envision water shortages due to an immediate degradation of water quality. This measure would allow the Commission on Water Resource Management to react to crises in a swift and comprehensive manner to protect public trust resources without suspending sections of the State Water Code.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1386, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair