Hawaii First Water

Opinion: House Bill 1326 Regarding Maui Stream Diversion

By Gary Hooser | April 21, 2019/ Star Advertiser Opinion:

In my 20 years of experience in government, politics and policy-making, House Bill 1326 is the most egregious example of special-interest legislation I have ever seen.

Fortunately the state Senate has taken time to listen to public concerns. After weighing both sides, conducting a thorough public hearing, asking tough questions and even visiting the Maui community most impacted, the Senate led by Water and Land Committee Chairman Kai Kahele has decided to shelve HB 1326.

Key Senate members have stated publicly they have no intention of passing HB 1326, but technically, it remains alive. Until the session ends May 2, anything can happen.

Alexander & Baldwin (A&B) stands to gain or lose $62 million, depending on the outcome of HB 1326. In essence, it is attempting to sell public trust water rights derived from stream diversions in east Maui. The intended beneficiary of this transaction is Mahi Pono — a California-based LLC, financed by a Canadian pension fund — which recently purchased the majority of A&B lands on Maui.

One fairly significant problem with this proposal is that A&B neither owns, nor has long-term control over this water.

In Hawaii, whether beneath the ground or flowing through our rivers and streams, water is a public trust resource. Businesses may use the resource, but must secure a permit that ensures sufficient water remains in the stream to preserve its natural ecosystem and that down-stream users also have access.

Yet this one company, the last remnant of the “Big 5” plantation era, and arguably the most politically powerful private landowner in Hawaii, is attempting, with the Legislature’s help, to secure those water rights without securing the proper long-term permits, and then transfer those water rights to Mahi Pono — pocketing a cool $62 million in the process.

The original HB 1326 proposed giving A&B and a handful of others an unlimited amount of time to divert an unlimited amount of water, without securing the permits and without ensuring environmental or down-stream user protections.

The present measure, HB 1326 House Draft 2, allows them 10 years, three of which have already passed, to comply with permitting requirements and convert their “temporary” one-year revocable permits (RPs) to proper long-term water leases.

Though A&B is the primary proponent and largest beneficiary of the measure, nine other RPs also are impacted by HB 1326 HD2, including some utilized by small ranchers and farmers.

The current controversy surrounding the plight of the small farmer and rancher is a manufactured crisis, perpetuated by the primary beneficiaries of HB 1326 HD2 and designed to promote fear and uncertainty.

The state Department of Land and Natural Resources (DLNR) has issued RPs to small users in the past without a problem. There is no specific legal impediment that prevents DLNR from extending the temporary RPs of these particular small farmers and ranchers while they pursue long-term leases.

The DLNR could provide certainty today, to all concerned by simply announcing its intent to continue extending the RPs of small users, so long as they demonstrate good faith and positive intent in pursuing a proper long-term water lease.

To his credit, Kahele, while acknowledging that DLNR could act unilaterally to resolve the situation, offered up a compromise that protected the little guy, while holding A&B accountable. Unfortunately, this overture was rejected.

The underlying problem is DLNR’s inability to manage the permit process. However, it’s neither the Legislature’s job nor in the public’s best interest to attempt to fix bad management with bad special-interest legislation.

And it’s certainly not the Legislature’s job to bail out a company that sold water rights it does not own.

It’s time the Legislature demand that the DLNR do its job. We, the collective community and the Legislature, need to move past the distraction and passions generated by HB 1326, and focus instead on the myriad other important bills begging for our time and attention.

Gary Hooser, a former state senator and Kauai Council member, is board president of Hawaii Alliance for Progressive Action (HAPA) and executive director of Pono Hawaii Initiative.

Hawaii Water Rights Bibliography

(Updated Feb 2019) This bibliography was compiled by Shavonn Matsuda for LIS 687, Spring 2012, at the University of Hawaiʻi at Mānoa.

This bibliography has been developed to support research on surface water rights in Hawai‘i, focusing particularly on works that detail the history and development of Hawaiian water rights.  The intended audience are landowners, in Hawai‘i, seeking to understand their own water rights. Nevertheless, this bibliography is also targeted at post-high students and researchers interested in water rights and law and assumes a basic understanding of land and water rights in Hawai‘i.

Here is the link to the bibliography

Maps Show How Water Can Be a Precious Lifeline—or a Deadly Weapon

A new atlas by “guerrilla cartographers” explores the importance of water in everything from ancient mythology to modern warfare.

By Greg Miller (National Geographic)

ORIGINALLY PUBLISHED

In the recent conflicts in Iraq and Syria, water has often been used as a weapon. When ISIS seized the Fallujah Barrage, a dam on the Euphrates River, in 2014, they raised the floodgates to deprive downstream cities of water.

Later, they released water from the dam in an attempt to flood approaching Iraqi forces, which eventually recaptured the dam in 2016. (See “What You Need to Know About the World’s Water Wars.”)

Water touches every aspect of human life, sometimes in unexpected ways, says Darin Jensen, a cartographer at the University of California and founder of a nonprofit group called Guerrilla Cartography.

The group’s latest project, Water: An Atlas, takes an unconventional look at the importance of water through more than 80 maps, including one showing the sites where water has played a role in the conflict with ISIS (included in the gallery above).

The maps in the atlas come from artists, activists, academics, and other mapmakers. Like the group’s first atlas, which focused on food issues, it was a crowdsourced effort. Organizers picked the theme and solicited contributions.

If interested in viewing article please see..

Also this Atlas is published on Square 

 

Pearl Harbor Study: Integration of aerial infrared thermography and in situ radon‐222 to investigate submarine groundwater discharge to Pearl Harbor, Hawaii, USA

Abstract

Jacque L. Kelly
Henrietta Dulai
Craig R. Glenn
Paul G. Lucey

October: The largest freshwater spring complex in the Hawaiian Islands discharges groundwater into Pearl Harbor, Oahu, which is the largest estuary in the islands. This discharge occurs as subaerial and submarine springs, as non‐point‐source (diffuse) seepage, and as baseflow to streams. We conducted airborne thermal infrared remote sensing surveys of sea surface temperatures and ocean‐based 222Rn surveys of surface and deep waters to evaluate the efficacy of combining these methods to locate and quantify these differing groundwater discharges to the harbor. High spatial‐resolution (≤ 3.2 m) sea surface temperature data were advantageous for identifying and differentiating point‐source and diffuse groundwater discharge. Surveys of surface waters for 222Rn confirmed point‐source and diffuse seepage zones identified from the sea surface temperature maps. The 222Rn mid‐ and deep‐water surveys were crucial for locating benthic seepage not detectable by the remote sensing method. Groundwater discharge estimates from radon time‐series data agreed with radon surface water survey estimates. Fresh groundwater discharge estimates were also of the same order of magnitude as previous hydrologic estimates of spring discharge. We produced linearly and highly correlated relationships between plume areas and groundwater discharge by combining the thermal infrared and radon techniques. Such relationships may provide a way to up‐scale local groundwater discharge assessments to a regional area.

To see the full report see:  https://aslopubs.onlinelibrary.wiley.com/doi/full/10.1002/lno.11033

Hawaii’s record 2018 rains may foretell wetter times ahead

September: With warmer atmospheres and oceans, monster deluges may become ever more common there and elsewhere.
Matthew Cappucci: Science News for Students
Residents of Hawaii have survived several major deluges this year. And scientists say a warming climate may make such record-breakers ever more common.

One year ago, Hurricane Harvey shattered the U.S. record for most rain to come down in a single storm. Last month, another hurricane dropped record rains, this time on Hawaii. Named Lane, its measured tally would seem to be the highest ever for this island state, and second nationally only to what Harvey unleashed on Texas.

The previous record for a tropical cyclone in Hawaii was measured at Kanalohuluhulu Ranger Station. That was during Hurricane Hiki in 1950.

The National Weather Service in Honolulu has now confirmed that Lane dropped 132.13 centimeters (52.02 inches) of rain between August 22 and 26. That total comes from an official government rain gauge on the Big Island (named Hawaii). “The previous record was 132.08 centimeters (52.00 inches),” the NWS reported in an August 27 statement. This, it concluded, shows that “Hurricane Lane has broken the Hawaii tropical cyclone storm-total rainfall record.”

However, NWS pointed out, this record will stand only “pending verification.” Confirming the feat requires a special probe. A meteorologist at the NWS forecast office said that could take months.

link to the rest of the article…

Does Sunscreen Damage Freshwater Lakes??

July, Canadian Broadcasting Company.

My question is: I hear a sunscreen is killing the coral in the oceans and I’m wondering what it’s doing to our lakes? Does anyone know?

Britt Wray:  

And for answer we go to Dr. Linda Campbell of St. Mary’s University, and because Dr. Campbell is deaf, the voice you’re hearing is that of SMU staff interpreter Ashley Campbell.

Linda Campbell:

My name is Dr. Linda Campbell and I’m here in lovely Halifax Nova Scotia and I’m a professor here at St. Mary’s University and an environmental scientist.

I’m here to answer the question from our listener “does sunscreen cause damage to freshwater lakes similar to the damage done in coral reefs?”

So the short answer yes, but it does look different. The impacts unfortunately of many types of UV filters found in common sunscreen brands really are known to kill the organisms that form coral reefs. And as you know, Hawaii just recently actually banned many types of sunscreen.

Now freshwater lakes are not immune to the impacts from these UV filters similar to coral reefs. And there are two kinds that we are worried about: One is the carbon based UV filters and the other is nano-particulate UV filters, and that’s using zinc and titanium. Both of these types of filters negatively impact algae and fish in lakes.

The damage isn’t as obvious and as visible as the bleaching to coral reefs, but they’re still there and the damages for example include DNA damage, bio-accumulation of harmful chemicals, and lower quality and quantity of food sources at the base of the food web.

It’s easy to find sunscreen brands that contain less harmful components for the ecosystem and they don’t have those nano particulates, or have less harmful UV filters within them.

You can do some research online and look for coral reef friendly sunscreen and then you can find those brands online quite easily and it’s less harmful to the ecosystem.

Britt Wray:

Dr Linda Campbell is an environmental scientist at St Mary’s University in Halifax.

17-19 July 2018 Construction Stormwater Quality Workshops

Enhance your ability to efficiently serve your clients, in a
manner compliant with the new Hawaii Water Quality Rules. Learn
the latest “how to” and best practices for design, plans
review, construction, and post construction stormwater
quality, one year in to implementing the new Water Quality
Rules. The workshop is expected to include staff leaders
from within the City and the design and construction
industry working together to protect our waters.

This is the link to the registration…

 

 

Earthjustice cases restoring water to native streams…

Feb 2018: Earthjustice.

Water in Hawaiʻi is a public trust resource, protected under the state Constitution and Water Code. Plantations diverted many Hawaiian streams to water sugar cane and pineapple fields, drying out and destroying the native life and Hawaiian communities connected with those streams. Now that plantations are in decline, the water can be restored to the native streams.

A continued series of cases, brought by Earthjustice on behalf of our clients, has reaffirmed the legal principle of water as a public trust and methodically succeeded in restoring flows to traditional uses.

Read about the cases here…

New State of Hawaii Brown Water Beach Website

December:  (Kobayashi Comment: This new State of Hawaii website is an excellent example of the fusion of GIS mapping capabilities with water data.  I strongly support such efforts and commend the DOH and Clean Water Branch for taking this first step)

HONOLULU — The Hawaii State Department of Health (DOH) Clean Water Branch has developed a newly upgraded website that gives the public access to up-to-date information — integrated with aerial photos from Google maps — to check on the status of the water quality of beaches that may have a surge in bacteria levels or are being impacted by sewage spills. This website is part of a revised statewide beach monitoring and notification system.

The new features and functions of the website, developed in part from a grant from the U.S. Environmental Protection Agency (EPA), were based on feedback from those within the health department as well as external stakeholders. The website is part of an integrated notification system that includes warning signs posted at selected beaches throughout the state.

This is the link to the new website…

AWWA/HWEA Pacific Water Conference

(November ) The American Water Works Association Hawai‘i Section and the Hawai‘i Water Environment Association are proud to announce the fifth annual joint conference now known as the Pacific Water Conference at the Hawai‘i Convention Center from February 6 – 8, 2018.  Our joint conference committee is hard at work to bring you an exciting, fun, and educational conference.

The Pre-Conference Workshop kicks things off on Tuesday, February 6. The Conference officially opens on Wednesday, February 7 and lasts through Thursday, February 8.  Join us at the Convention Center Kamehameha Exhibit Hall I to cheer on this year’s operator competitions featuring HWEA’s Operations Challenge and AWWA’s Pipe Tapping and Top Ops events.  Remember to check out the exhibitors showcasing the newest and latest products in the industry.  With five technical session tracks to choose from, there’s sure to be one that piques your interest.   The conference golf tournament will be held on Friday, February 9 at the Kapolei Golf Course, and the community service event will take place on Saturday, February 10.

Here is the link to register…