Ka Wai Ola - Office of Hawaiian Affairs, Volume 1, Number 2, 1 March 1984 — OHA Supports Water Code [ARTICLE]

OHA Supports Water Code

OH A testified in support of Senate Bill 2139 whieh seeks to establish interim regulation of the development and use of ground and surface water resources in the State until such time as the Advisory Commission on Water Resources formulates a regulatory scheme through a State Water Code. Steve Kuna, OHA Land Officer who appeared before the Senate Committee on Eeonomie Development, pointed out that passage of the bill is a necessary phase of the State's eomplianee with the mandate of Article XI, Section 7, of the State Constitution on water resources whieh states: "The State has an obligation to protect, control and regulate the use of Hawaii's resources for the benefit of its people." Kuna noted that while the process of developing a water code goes on, "the State lacks a comprehensive system of regulation to deal with the many eompeting demands for water." "This bill proposes to fill the gap by requiring that existing water uses be

certified for continuance and that any new development or use of water resources in the State be regulated by permit," Kuna added. The Board of Land and Natural Resources would be vested with the powers of regulation. A Water Resources Permit Administration from within DLNR will conduct fact-finding and make recommendations to the board. Provisions in the bill would set procedures for safeguarding interests of concerned parties. BLNR would have the authority to establish rules and issue orders for the beneficial use of water and in times of water shortage or emergencies. Kuna further noted the bill has the added benefit of providing a tested model for the commission to build on when formu!ating its Water Code. Charles Hopkins, researcher on Kuna's staff, assisted in drafting the bill along with other community people working closely with Bob Chuck, manager and chief engineer of the Water and Land Development Division.