STAND. COM. REP. NO. 1790

Honolulu, Hawaii

RE: H.C.R. No. 163

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.C.R. No. 163, H.D. 1, S.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO ENTER INTO A LONG-TERM WATER LEASE WITH THE WAI‘OLI VALLEY TARO HUI FOR THE HUI'S EXISTING USE OF WATER FROM WAI‘OLI STREAM VIA DIRECT NEGOTIATION, UPON ITS COMPLETION OF REQUIREMENTS PURSUANT TO CHAPTER 343, HAWAII REVISED STATUTES,"

begs leave to report as follows:

The purpose and intent of this measure is to request the Board of Land and Natural Resources to enter into a long-term water lease with the Wai‘oli Valley Taro Hui for the Hui's existing use of water from Wai‘oli stream via direct negotiation, upon its completion of requirements pursuant to chapter 343, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, Mayor of the County of Kauai, Hanalei Watershed Hui, Huliauapa‘a, Wai‘oli Valley Taro Hui, Hawaiian Islands Land Trust, Hanalei Hawaiian Civic Club, and twenty-six individuals.

Your Committee finds that the traditional cultural practice of lo‘i kalo cultivation in Wai‘oli Valley has thrived since at least the fifteenth century, and is a vital Native Hawaiian cultural resource. The traditional lo‘i kalo irrigation system is an indigenous surface water system that has long been used to connect flowing water to kalo fields. Your Committee further finds that the unprecedented floods of 2018 destroyed the historic mānowai (traditional instream diversion structure) in Wai‘oli, Kaua‘i, and severely damaged the ‘auwai (irrigation ditch), thereby impacting water flow to ancient lo‘i kalo and reducing Wai‘oli Valley Taro Hui's ability to restore its fields and feed its community. Your Committee additionally finds that during the disaster recovery and repair efforts, the Wai‘oli Valley Taro Hui was informed that its traditional lo‘i kalo irrigation system, including the mānowai and ‘auwai, was located on state conservation land, thus requiring a water lease. This measure requests the Board of Land and Natural Resources to enter into a long-term water lease with the Wai‘oli Valley Taro Hui.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 163, H.D. 1, S.D. 1, and recommends its adoption.

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

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KARL RHOADS, Chair