Hawaii First Water

Archives for March 2016

New Cesspool Construction Bill

March 2016, By COLIN M. STEWART Hawaii Tribune-Herald

HILO — The state has taken an important step toward addressing water pollution, according to some isle scientists.

A statewide ban on new cesspool construction approved Friday by Gov. David Ige came despite protests from seven Hawaii Island legislators, who claimed the ban would place undue financial burdens on local homeowners who might not be able to afford more expensive sewage systems.

The new rules also implement a 2015 law providing a tax credit of up to $10,000 for cesspools upgraded to sewer or septic systems during the next five years, limited to $5 million or about 500 cesspool upgrades a year. Under the law, owners of cesspools located within 200 feet of the ocean, streams or marsh areas, or near drinking water sources, can qualify for the credit.

In announcing the ban, Ige said Hawaii had been the only state in the union that allowed the construction of cesspools.

“Today’s action banning new cesspools statewide would stop the addition of pollution from approximately 800 new cesspools per year,” he said.

here is the link to the rest of the story in the Hawaii Tribune Herald

Ka‘u farmers fear loss of water permits

March 2016: By IVY ASHE Hawaii Tribune-Herald

HILO — Farmers and ranchers in the Ka‘u District (Big Island) concerned about statewide impacts of a recent court decision regarding East Maui water rights are hoping a piece of legislation can serve as a temporary solution.

House Bill 2501 amends a section of Hawaii Revised Statutes to allow revocable water use permits to be extended for a holdover period if the user in question is in the process of applying for a long-term lease.

Revocable permits for both land and water use are issued on a month-to-month basis by the Board of Land and Natural Resources. There are nine such water permits in the state, said Randy Cabral, board president of the Hawaii Farm Bureau and a Ka‘u farmer. Five of those permits are in Ka‘u.

There are also revocable permits held by Alexander & Baldwin Inc. for land on Maui used by sugar subsidiary Hawaiian Commercial & Sugar Co. Those permits, and BLNR’s continued issuance of them, were challenged in court last year by the Native Hawaiian Legal Corp. on behalf of a group of Maui taro farmers, fishermen and cultural practitioners seeking access to the stream system that feeds the 36,000 acres owned by HC&S.

Legal challenges to the water diversions used by HC&S began in mid-1980s, according to The Maui News.

In January, First Circuit Court Judge Rhonda Nishimura granted the plaintiffs’ motion for partial summary judgment in the case, writing that although Hawaii Revised Statutes authorized temporary occupation of public lands, “A&Bs’s continuous uninterrupted use of these public lands on a holdover basis … is not the ‘temporary’ use that HRS Chapter 171 envisions. … Such a prospect is inconsistent with the public interest and legislative interest.”

The decision has since been appealed.

Many Ka‘u farmers, who have been in the process of converting their revocable permits to a long-term lease issued through the state Department of Agriculture’s Agribusiness Development Corporation for about a decade, viewed the ruling with concern because the language could be interpreted to mean all revocable permits, not just those held by A&B.

“Without that water, should the BLNR say, ‘No, the permits are no longer valid, you can no longer take water,’ it would be devastating,” Cabral said. “Everybody seems to think it only affects (A&B).”

“If the state doesn’t support these revocable permits, then I have no more water,” said Lani Petrie, owner of Kapapala Ranch, estimating that she had between four and six months’ water supply in reservoirs but no sources beyond that. Petrie and Michelle Galimba, owner of Kuahiwi Ranch, traveled to Oahu to testify during committee hearings for the bill.

See the article here