Bill Text: HI HCR227 | 2011 | Regular Session | Introduced

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Bill Title: Kuleana Landowner Appurtenant Water Rights; Exemption

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-03-21 - (H) Referred to HAW/WLO, FIN, referral sheet 43 [HCR227 Detail]

Download: Hawaii-2011-HCR227-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	227
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the State of Hawaii and each of the counties to exempt kuleana landowners from paying any State, county, or municipal taxes, fees, or charges for water usage in connection with kuleana landowners' appurtenant water rights.

 

 

 

     WHEREAS, in 1850, the Kingdom of Hawaii confirmed several resolutions of the Monarch and Privy Council that granted to the maka‘āinana allodial titles for their own lands and house lots, often referred to as "kuleana lands"; and;

 

     WHEREAS, section 174C-101, Hawaii Revised Statutes, ensures the traditional and customary rights of kuleana landowners, which include, but are not limited to, the cultivation or propagation of taro on one's own kuleana and the gathering of hihiwai, opae, o‘opu, limu, thatch, ti leaf, aho cord, and medicinal plants for subsistence, cultural, and religious practices; and

 

     WHEREAS, section 174C-101, Hawaii Revised Statutes, further protects kuleana landowners by assuring their appurtenant water rights "shall not be diminished or extinguished by a failure to apply for or to receive a permit" for water pursuant to the State's water code; and

 

     WHEREAS, the longstanding customary rights and cultural traditions of kuleana landowners should not be viewed or used as streams of revenue generation for the State; and

 

     WHEREAS, subjecting kuleana landowners to taxes, fees, and charges for water usage in connection with their appurtenant water rights is burdensome and threatens their rightful use; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the State of Hawaii and each of the counties are requested to exempt kuleana landowners from paying any state, county, or municipal taxes, fees, or charges for water usage in connection with kuleana landowners' appurtenant water rights; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; the President of the Senate; the Speaker of the House of Representatives; the Chairperson of the Board of Land and Natural Resources; and the Mayor and Chairperson of the Council of each county.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Kuleana Landowner Appurtenant Water Rights; Exemption