Bill Text: HI HCR163 | 2021 | Regular Session | Amended
Bill Title: Requesting The Board Of Land And Natural Resources To Enter Into A Long-term Water Lease With The Waioli Valley Taro Hui For The Hui's Existing Use Of Water From Waioli Stream Via Direct Negotiation, Upon Its Completion Of Requirements Pursuant To Chapter 343, Hawaii Revised Statutes.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Passed) 2021-04-23 - Resolution adopted in final form. [HCR163 Detail]
Download: Hawaii-2021-HCR163-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
163 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE BOARD OF
LAND AND NATURAL RESOURCES TO ENTER INTO A LONG-TERM WATER LEASE WITH WAI‘OLI VALLEY TARO HUI FOR THE HUI'S EXISTING USE OF
WATER FROM WAI‘OLI STREAM VIA DIRECT NEGOTIATION, UPON COMPLETION OF THE REQUIREMENTS OF
CHAPTER 343, HAWAII REVISED STATUTES.
WHEREAS, this body supports the traditional and customary practice of kalo cultivation by Wai‘oli Valley Taro Hui in Wai‘oli, Kaua‘i; and
WHEREAS, the unprecedented floods of 2018 destroyed the historic mānowai, the traditional instream diversion structure, and severely damaged the ‘auwai, the irrigation ditch, in Wai‘oli, Kaua‘i, thereby impacting water flow to ancient lo‘i kalo and reducing Wai‘oli Valley Taro Hui's ability to restore its fields and feed its community; and
WHEREAS, in response to this devastation,
the Governor and Mayor of the County of Kaua‘i
issued emergency proclamations and extensions to the proclamations, and the Legislature
appropriated funds for disaster recovery efforts via Act 12, Session Laws of Hawaii
2018, and Act 35, Session Laws of Hawaii 2019, which included the County of Kaua‘i's repair of Wai‘oli Valley Taro Hui's mānowai and ‘auwai; and
WHEREAS, during the disaster recovery and repair efforts, Wai‘oli Valley Taro Hui was informed
that its traditional lo‘i kalo irrigation system, including
the mānowai and ‘auwai, was located on state conservation land; and
WHEREAS, Wai‘oli Valley Taro Hui worked closely with the County of Kaua‘i and the State 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 Wai‘oli Valley Taro Hui to continue
to use and maintain its traditional lo‘i
kalo irrigation system, including the mānowai
and ‘auwai, which represents the first co-management
of natural and cultural terrestrial resources between a community group and the
Board of Land and Natural Resources; and
WHEREAS, Wai‘oli Valley Taro Hui seeks to
continue to steward this traditional system and practice by pursuing a long-term
water lease from the Board of Land
and Natural Resources; and
WHEREAS, for Hawai‘i's people, culture, and resources, ola i ka wai, "water is life"; and
WHEREAS, the traditional cultural practice of lo‘i kalo cultivation in Wai‘oli
Valley has fed Wai‘oli
Valley and neighboring ahupua‘a
for centuries: the kalo farmers of Wai‘oli
Valley Taro Hui have collaborated informally for over a century to steward and maintain
Wai‘oli Valley's natural
resources, cultural lifeways, and community identity, which are reliant upon those
resources; and
WHEREAS, the traditional lo‘i kalo irrigation system is an indigenous
surface water system that has been used since time immemorial and connects flowing
water to kalo fields: Wai‘oli's lo‘i
kalo have been thriving, dating to at least the fifteenth century; and
WHEREAS, Wai‘oli Stream is one of only six streams throughout Hawai‘i pae ‘āina 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 a living Native Hawaiian culture while feeding the community and preparing the next generation to carry on this vital practice; and
WHEREAS, lo‘i
kalo cultivation in Wai‘oli
Valley uses water in a nonpolluting way, and 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, 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 and groundwater recharge; preserving native habitat for endangered
and threatened water birds; advancing food security; and building community and
cultural resilience in the face of the rising costs of imported food; and
WHEREAS, lo‘i kalo cultivation in Wai‘oli Valley will not persevere
without a long-term water lease from the Board of Land and Natural Resources; and
WHEREAS, Article XII, section 7, of the Hawaii State Constitution mandates the State to protect the traditional and customary rights of Native Hawaiians, such as those perpetuated by Wai‘oli Valley Taro Hui members; and
WHEREAS, a water lease to Wai‘oli Valley Taro Hui honors and supports appurtenant, riparian, and traditional and customary Native Hawaiian rights and practices; and
WHEREAS, pursuant to section 171-58, Hawaii Revised Statutes, which authorizes the disposition of water rights by lease at public auction, an environmental assessment of Wai‘oli Valley Taro Hui's continued cultivation of lo‘i kalo in a traditional manner is in progress and is about to be noticed for public hearing; and
WHEREAS, the Department of Land and Natural Resources Office of Conservation and Coastal Lands did not require a conservation district use permit given that the Hui's use is "existing" because it preceded the State and creation of conservation districts or related use permits; and
WHEREAS, pursuant
to section 171-58(e), Hawaii Revised Statutes, Wai‘oli Valley Taro Hui and Department
of Land and Natural Resources staff jointly developed a watershed management plan,
and pursuant to section 171-58(g),
Hawaii Revised Statutes, the Department of Hawaiian Home Lands consulted with the
affected beneficiaries in November 2020, but did not request a reservation of water
from Waioli Stream; and
WHEREAS, a long-term water lease will help Wai‘oli Valley Taro Hui 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 House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the Senate concurring, that the Board of Land and Natural Resources is requested to enter into a long-term water lease with Wai‘oli Valley Taro Hui for the Hui's existing use of water from Wai‘oli Stream via direct negotiation, upon completion of the requirements of chapter 343, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Mayor of the County of Kauai, and President of Wai‘oli Valley Taro Hui.
BLNR; Wai‘oli Valley Taro Hui; Long-Term Water Lease
