HCR359

HOUSE OF REPRESENTATIVES	H.C.R. NO.	359
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

WHEREAS, Blue Angel Falls, also known as Heleleikeoha Falls, is located in Nahiku in east Maui and is one of the most popular and spectacular falls in Hawaii; and

WHEREAS, although Blue Angel Falls is typically light flowing, post-rain flows can become quite heavy, thereby posing a hidden danger to visitors of the falls; and

WHEREAS, while the falls itself is on public land, controversy exists over access to the falls, which crosses over private land jointly owned by several residents; and

WHEREAS, ambiguity about ownership and jurisdictional responsibility for Blue Angel Falls may result in exposing the State or Maui County to liability if individuals are injured, and may also contribute to the continuing controversy over access to the falls; and

WHEREAS, to clarify the issue of public access to Blue Angel Falls, the matter of ownership and jurisdictional responsibility must be resolved; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Department of the Attorney General is requested to investigate and determine the ownership of and jurisdictional responsibility for Blue Angel Falls; and

BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to submit a report of any findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2009; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, the Director of Transportation, the Chairperson of the Board of Land and Natural Resources, and to the Mayor and the Chairperson of the Council of Maui County.

	OFFERED BY:	_____________________________

Report Title:

Ownership of Blue Angel Falls in Nahiku, Maui.