Bill Text: HI HB2263 | 2024 | Regular Session | Amended
Bill Title: Relating To The East Kauai Irrigation System.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-03-22 - Report adopted; Passed Second Reading and referred to WAM. [HB2263 Detail]
Download: Hawaii-2024-HB2263-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2263 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE EAST KAUAI IRRIGATION SYSTEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that the state
constitution mandates the State to conserve and protect agricultural lands,
promote diversified agriculture, increase agricultural self-sufficiency, and
assure the availability of agriculturally suitable lands.
The
legislature further finds that the state constitution establishes that:
(1) All public natural resources are held in trust by the State for the benefit of the people;
(2) The State has an obligation to protect, control, and regulate the use of Hawaii's water resources for the benefit of its people; and
(3) The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out.
The
legislature additionally finds that the Hawaii supreme court has repeatedly
provided guidance to the State on how to fulfill its public trust duties
regarding water. The supreme court has
ruled that the State is to apply a presumption in favor of four public trust uses
of water over other uses:
(1) The maintenance of waters in their natural
state;
(2) Domestic water uses;
(3) Uses of water in the exercise of native
Hawaiian and traditional and customary rights; and
(4) Uses by and reservations of water for the department
of Hawaiian home lands.
The
legislature also finds that the east Kauai irrigation system derives its water
from the north and south forks of the Wailua river as well as many smaller
streams and that it is a critical irrigation system that supports agricultural
production in Hawaii. The system
currently services approximately 5,920 acres of agricultural lands on Kauai and
is relied upon by numerous farmers and ranchers. It is also a critical source of water for
land held by the department of Hawaiian home lands. The department of Hawaiian home lands has a
reservation from the commission on water resource management of approximately
five hundred thousand gallons per day from the Wailua river for its lands. The east Kauai irrigation system currently
supplies water to the existing users and has the potential to expand the number
of acres cultivated. Several
improvements have been identified that could add as much as three hundred acres
of farmland to the service area.
The legislature also finds that the east
Kauai irrigation system is a century-old system that requires repair,
renovation, and improvements. If lost,
the cost to replace the infrastructure would be exorbitant. No replacement system is reasonable, and if
the reservoir is decommissioned, 5,920 acres of agricultural land will dry up.
The legislature also finds that the
maintenance of the east Kauai irrigation system and development of a plan to
deliver water to land held by the department of Hawaiian home lands are
necessary for the department to be able to use its reservation of water from
the Wailua river.
The purpose of this Act is to continue
to provide irrigation water to farm operations in east Kauai and support the
water system by:
(1) Appropriating
funds to the agribusiness development corporation for maintenance and
improvements to the east Kauai irrigation
system; and
(2) Creating
and funding positions to maintain and improve the east
Kauai irrigation system.
SECTION
2. There is appropriated out of the
general revenues of the State of Hawaii the sum of $
or so much thereof as may be necessary for fiscal year 2024-2025 for
maintenance of and improvements to the east Kauai
irrigation system.
The
sum appropriated shall be expended by the agribusiness development corporation
for the purposes of this Act.
SECTION
3. There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2024-2025 to fund
full-time equivalent ( FTE) positions within the
agribusiness development corporation to maintain and improve the east Kauai
irrigation system.
The
sum appropriated shall be expended by the agribusiness development corporation
for the purposes of this Act.
SECTION
4. In accordance with section 9 of
article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93,
Hawaii Revised Statutes, the legislature has determined that the appropriations
contained in H.B. No. , will
cause the state general fund expenditure ceiling for fiscal year 2024‑2025
to be exceeded by $
or per cent. In
addition, the appropriations contained in this Act will cause the general fund
expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by
$ or
per cent. The
combined total amount of general fund appropriations contained in only these
two Acts will cause the state general fund expenditure ceiling for fiscal year
2024‑2025 to be exceeded by
$ or
per cent. The
reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriations made in this Act are
necessary to serve the public interest; and
(2) The appropriations made in this Act meet the
needs addressed by this Act.
SECTION
5. This Act shall take effect on July 1,
3000.
Report Title:
East Kauai Irrigation System; Agribusiness Development Corporation; Appropriation; Expenditure Ceiling
Description:
Appropriates funds to the Agribusiness Development Corporation to establish positions to maintain and improve the East Kauai irrigation system and for maintenance of and improvements to the system. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
