SCR22 SD1

WHEREAS, for Hawai‘i's people, culture, and resources, ola i ka wai (water is life); and

WHEREAS, the traditional practice of lo‘i kalo (irrigated taro terraces) connecting flowing water to kalo (taro) fields has been thriving in Wai‘oli Valley, Kaua‘i since time immemorial and dates back to at least the fifteenth century; and

WHEREAS, Wai‘oli Stream is one of only six streams throughout the Hawaiian archipelago that the Hawai‘i Stream Assessment identified as having traditionally supported more than fifty acres of kalo cultivation; and

WHEREAS, the water that flows through Wai‘oli's ancient system is a lifeway that supports kalo cultivation traditions and perpetuates the native Hawaiian living culture while feeding the community and preparing the next generation to carry on this vital practice; and

WHEREAS, for over a century, the kalo farmers of the Wai‘oli Valley Taro Hui have collaborated informally to steward and maintain Wai‘oli Valley's natural resources, cultural lifeways, and community identity reliant upon those resources; and

WHEREAS, the unprecedented floods of 2018 destroyed the historic mānowai (traditional instream diversion structures) and severely damaged the ‘auwai (irrigation ditch) in Wai‘oli, thereby impacting water flow to ancient lo‘i kalo; and

WHEREAS, the destruction of these mānowai and ‘auwai and resulting decreased water flow to lo‘i kalo have reduced the Wai‘oli Valley Taro Hui's ability to restore its fields and feed its community; and

WHEREAS, on April 15, 2018, in response to the occurrence of a severe, sudden, and extraordinary event of heavy rains and flooding that caused damages, losses, and suffering of such character and magnitude to affect the health, welfare, and living conditions of a substantial number of persons, both the Governor and Mayor of Kaua‘i County issued emergency proclamations proclaiming Kaua‘i County to be a disaster area; and

WHEREAS, the Legislature appropriated funds for disaster recovery efforts in Kaua‘i via Act 12, Session Laws of Hawaii 2018 (Act 12) and Act 35, Session Laws of Hawaii 2019 (Act 35) including the repair of the Wai‘oli Valley Taro Hui's mānowai and ‘auwai; and

WHEREAS, during the course of 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 were located on state conservation land; and

WHEREAS, the Wai‘oli Valley Taro Hui has worked closely with the State and Kaua‘i County to understand and pursue the appropriate entitlements and exemptions to ensure the long-term viability of lo‘i kalo cultivation in a traditional manner in Wai‘oli Valley; and

WHEREAS, the Board of Land and Natural Resources unanimously approved a perpetual easement for the Wai‘oli Valley Taro Hui to continue to utilize and maintain its traditional lo‘i kalo irrigation system, including the mānowai and ‘auwai; and

WHEREAS, this approval represents the first co-management model of natural and cultural terrestrial resources between a community group and the Board of Land and Natural Resources; and

WHEREAS, the Wai‘oli Valley Taro Hui seeks to continue to steward this traditional system and practice through the modern legal system and pursue a long-term water lease from the Board of Land and Natural Resources; and

WHEREAS, lo‘i kalo cultivation in a traditional manner continues to create opportunities for community-based cultural and agricultural education while providing vital environmental benefits, such as flood mitigation, groundwater recharge, and preserving native habitat for endangered and threatened water birds; and

WHEREAS, lo‘i kalo cultivation advances food security and builds community and cultural resilience in the face of the rising costs of imported food for local families; and

WHEREAS, the continuation of lo‘i kalo cultivation in Wai‘oli Valley will not succeed without a long-term water lease from the Board of Land and Natural Resources; and

WHEREAS, a water lease to the Wai‘oli Valley Taro Hui honors and supports appurtenant, riparian, and traditional and customary native Hawaiian practices; and

WHEREAS, article XII, section 7 of the Hawaii State Constitution mandates the State to protect the traditional and customary practices of native Hawaiians, such as those perpetuated by Wai‘oli Valley Taro Hui members; and

WHEREAS, section 171-58(c), Hawaii Revised Statutes, requires users of state-regulated water to create a watershed management plan with the Department of Land and Natural Resources; conduct an environmental impact study; or environmental assessment; and apply for a lease; and

WHEREAS, an environmental assessment of the Wai‘oli Valley Taro Hui's continued cultivation of lo‘i kalo in a traditional manner is in progress and will be published for a public comment period; and

WHEREAS, the Office of Conservation and Coastal Lands did not require a conservation district use permit given that its use is "existing" because it preceded the State and its creation of conservation districts or related use permits; and

WHEREAS, the lo‘i kalo cultivation in Wai‘oli Valley uses water in a nonpolluting way; and

WHEREAS, the water that flows through the lo‘i kalo is nonconsumptive as it is returned to the same watersheds of origin and recharges related ground and surface water sources, including Wai‘oli Stream and Hanalei River; and

WHEREAS, in November 2020, pursuant to section 171-58(e), Hawaii Revised Statutes, the Department of Hawaiian Home Lands consulted with affected beneficiaries and did not request reservation of water from Wai‘oli Stream; and

WHEREAS, a long-term water lease will help the Wai‘oli Valley Taro Hui to recover and thrive again after the 2018 floods and perpetuate lo‘i kalo cultivation as its spiritual foundation, culture, and lifeway into the future – make nō ke kalo a ola i ka palili (the taro may die, but lives on in the young plants that it produces); now, therefore,

BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Board of Land and Natural Resources is encouraged to enter into a long-term water lease with the Wai‘oli Valley Taro Hui for its existing use of water from Wai‘oli Stream via direct negotiation upon the completion of the environmental review process outlined in chapter 343, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that this body continues to support the traditional and customary practices of kalo cultivation by the Wai‘oli Valley Taro Hui in Wai‘oli, Kaua‘i; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, and Board of the Wai‘oli Valley Taro Hui.

Report Title:

Wai‘oli Valley Taro Hui; Lo‘i Kalo Cultivation; Long-Term Lease

THE SENATE	S.C.R. NO.	22
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII