JOHN WAIHEE ,. HOALIKU L. DRAKE · ~ 1608.77 11 10 john waihee governor state of hawaii ,. hoaliku...

~ 1608.77 11 10

JOHN WAIHEE GOVERNOR

STATE Of HAWAII ,. HOALIKU L. DRAKE

CHAIRMAN HAWAIIAN HOMES COMMIS!'ION

STATE OF· HAWAII DEPARTMENT OF HAWAIlAN HOME LANDS

P. O. BOX 1879

HONOLULU. HAWAII 96805

October 14, 1993

The Honorable Keith W. Ahue Chairperson Commission on Water Resource Management Department of Land and Natural Resources P. O. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue: Withdrawal of Objections

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The Department of Hawaiian Home Lands has been in a position to raise objections to various applications for water use permits, particularly in Windward O'ahu, on the basis that water reservations were yet required to meet statutory obligations to Hawaiian home lands.

Please be advised that as the proposed water reservations in O'ahu and Moloka'i water management areas are finalized, our objections for this reason are thereby withdrawn.

HLD:BH:ci/1608L.77

wfZ~t tJ~~o_.-H~ Drake, Hawaiian Homes Co

ATTACHMENT C

sion

I,.

PALAhU PRAWN AND SIIRIHP COHPANY DEVELOPHEllT PLAN

It is our intention to build 16.78 rosenbergii ponds in the first increment. and managed in the traditional manner. cultured in the drainage canals.

acres of l-incrobrnch i Ulll

The ponds will be built Tilapia spp. will be

This means that the water delivery system will be designed to provide 10% water exchange per day to manage crisis situations, but standard water delivery (pumping)_wil~ be at 5% exchange/day. This is a total of 49,576 gpd/acre of culture area, or 34.5 gpm/acre of pond surface. The total is 580 gpm or about 1/2 of the pumping rate employed ~y The Hawaiian Research Company.

The first stage of increment one, two maturation ponds whose purpose is to provide broodstock for the growout system should be ready to receive water at the end of 1993. The total amount of water required by these two small ponds is 88 gpm. The second stage of the first increment should be ready to receive water by April or May of 1994. This would bring the total pumping rate to 600 gpm.

The second increment of construction is tentatively planned for the summer of 1996, and will be approximately 12 acres of ponds. This acreage will require an additional 400 gpm pumping capacity. This would bring the total farm usage to about 1000 gpm.

The third increment of pond construction will probably be about 12 acres. The land has not yet been surveyed to determine if it is of sufficient elevation to drain. until this is done we cannot be more specific regarding the total acreage involved. The projection of an additional 400 gpm. is therefore also somewhat tentative. It is planned that construction of this area (Lot #1683) will follow im~ediately after the completion of increment two.

The water usage numbers provided in this letter are based on proven technology of design and management and are not expected to vary significantly from the projections.

We believe from the information passed on by The Hawaiian

Research Co. that the overall impact to the aquifer and adjacent lands and tenants will be minimal.

We therefore request a water use guarantee o~ 1400 gp~ f~om the Palaau (So. Hoolehua) brackish water wel~ prevlously utlllzed by Hawaiian Research and owned by the Molokal Ranch.

sincerely; -::?__ _ / /- . t--<: /ij [([(oe ,~. 7/7 ~ ? (i. t. /-'l..

R~becca Bishop-Yuen . Palaau Prawn and Shrimp Co.

ATTACHMENT D

+

WUPA NO APPlI CANT

ISLAND OF MOLOKAI

I WATU USE PUMIT APPLlCAlION MOIICE STAtUS 1mJORT 11/09/93 t PUBLIC 1 PUBLIC 2 OBJECTION DAYS

WEll NO WEll NAME EXIST PROPOSED RECEIVED ACKN~GD ACCEPTED NOTICE NOTICE DEADLINE SUSPENSE LEFT AGENDA WUPA mgd

Aquifer System: MANAWAINUI HAYAIIAN RESEARCH LTD. GERALD I. NE MAUl ElECTRIC MAUl ElECTRIC MAUl ElECTRIC MAUl ElECTRIC MAUl ElECTRIC MOLOKAI RANCH, LTD.

0603-01 UMIPAA Y 0603-05 IOPA'S WELL Y 0603-06 NAIYA MECO 1RR #2 Y 0603-07 NAIWA DUG Y 0604-03 NAIWA MECO OPENPIT Y 0604-04 NAIWA-MECD IRR #1 Y 0604-05 NAIWA MECD COOLING Y 0706-02 SOUTH HOOLEHUA Y

04/14/93 08/30/93 07/16/93 08/30/93 07/16/93 08/30/93 07116/93 08/30/93 07/16/93 08/30/93 07/16/93 08/30/93 07116/93 08/30/93 07/13/93 09129/93

05/11/93 09/15/93 09122193 10/06/93 10/18/93 11/26/93 12103/93 12/17193 07116/93 09/15/93 09122193 10/06/93 07116/93 09/15/93 09122193 10/06/93 07/16/93 09115/93 09122193 10/06/93 07/16/93 09/15/93 09122193 10/06/93 07/16/93 09/15/93 09122193 10/06/93 07/13/93 08/23/93 08/30/93 09/13/93

I MOLOKAI

08/09/93 -92 11/17/93 0.046 01/16/94 68 01112194 0.006 10/14/93 -18 11/17/93 0.003 10114/93 -26 11/17/93 ** *** 10/14/93 -20 11/17/93 ** *** 10/14/93 -18 11/17/93 0.003 10/14/93 -20 11/17/93 0.350 10/11/93 -29 11/17/93 1.440

8 Applications Totaling 1.848

HAS 8 Applications Totaling 1.848

Page No.

.

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Molokai Working Group

BREAKDOWN OF EXISTING GROUNDWATER USAGE IN MGD

CENTRAL SECTOR Manawainui System

1. Hawaiian Research

Kualapuu System 1. County DWS 2. DHHL 3. Kaluakoi Resort

Subtotal

NORTHEAST SECTOR Kahanui System .

1. National Park Service

Waikolu System 1. DOA MIS

SOUTHEAST SECTOR Kamiloloa System


Kawela System 1. County DWS 2. Kawe!a Plantation 3. Kamalo Ranch

Subtotal

Ualapue System 1. County DWS 2. Kamalo Ranch 3. Place. M. J.

Subtotal

WEST SECTOR

TOTAL

EXHIBIT 2

0.56

0.59 0.38 0.82 1.79

0.22

1.13

0.26

0.32 0.16 0.04 0.52

0.18 0.22 0,22 0.62

0.00

5.10

Molokai Wodong Group

BREAKDOWN OF 2010 POTABLE WATER USE PROJECTIONS IN MGD



Kualapuu System 1. County DWS 2. DHHL 3. Kaluakoi Resort 4. Other State Projects S. Palaau Industrial Park 6. Others (Kualapuu. Kalae. Kipu)

Subtotal

NORTHEAST SECTOR Kahanui System





Kawela System

0.56

0.94 0.84 2.14 0.11 0.20 0.20 4.43

0.22

2.70

0.26

1. County DWS 0.32 2. Kawela Plantation 0.40 ~3.~~Kim~&~o~Ra~n~m~ ________________________ ~

Subtotal 0.76

Ualapue System 1. County DWS 2. Kamala Ranch 3. Place. M. J.

Subtotal

Alpha USA

WEST SECTOR

TOTAL

1 Water development IOW'CI unidentified.

EXHIBIT 3

0.18 0.22 0.22 0.62

0.00

11.55


NON·POTABLE WATER USE PROJECTIONS IN MGD*

5 to 2010 to 10 years Total Build out

OffilL Hoolehua 4.00 16.0 Kalamaula 1.42 7.5 Subtotal DHHL 5.421

Olher MIS users '0-

2.501

Molokai Ranch Agriculture, Dairy, Pastures: 1. Ag. Par~ • Kualapuu 7.70 2. Coffee - 800 acres 1.50 3. Dairy. 4,000 head 0.70 4. Palm Nursery - brackish 0.30 5. Feedlot 0.20 6. Pastures 0.20 7. Hay - assume all irrigated on Homesteads 0.00

Subtotal Agriculture 10.63

Recreation: 1. MaWlaloa Links 0.25 2. Ironwoods 0.20 3. Network 0.05

Subtotal Recreation 0.503.4

Kaluakoi Resort Recreation: Golf Course Addition 0.00

(two 36-hole courses)

Alpha USA 1.50]

TOTAL 20.52

* Estimates furnished by users and were accepted by working group without challenge.

lFrom DHHL projections From DOA - MIS average delivery = 7.5 mgd

2/3 x 7.5 mgd = 5.0 mgd preference to DHHL 1/3 x 7.5 mgd • 2.5 mgd for other MIS users Note: deficit hom MIS of 0.42 mgd

2 Assumes maximum usage of 1/3 of MIS for other 0 users

3Water development source unidentified

Total

23.53

2.5

10.63

0.53. 4

2.83

3.03

42.9

4A portion of this projection will be met by' the MIS and a portion from private sowces

Note: Non·Potable Water Use Projections are for major agricultural and recreational uses in the central and western areas of the island. It does not include instreams uses, fishponds, taro patches, aquaculrural projections, etc.

EXHIBIT· 4

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HAWAflAN RESEARCH PUMPAGE UMIPAA WELL (Well No. 0603-01)

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o ill; Iii I I i I I i I Iii 1111 ill i I I i I Iii 1 i I I iii ill; 1 Iii 1 jill II

JAN 88 JAN 89 JAN 90 JAN 91 JAN 92 Month (Latest Data 6/92)

.............. MONTHLY PUMPAGE - 12-MAV -+- REQUESTED AMOUNT

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HYDROLOGIC UNITS - ISLAND OF MOLOKAI

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15

MOLOKAI AIRPOPT, HAW

ROLL CALL

~ . \

• MINUTES

FOR THE MEETING OF THE COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: TIME: PlACE:

November 17, 1993 1:30 p.rn. Mitchell Pauole Center Conference Room Kaunakakai, Molokai, Hawaii

Chairperson Ahue called the meeting of the Commission on Water Resource Management to order at 1:35 p.rn.

The following were in attendance:

MEMBERS: Mr. Keith Abue Mr. Richard Cox ~. Guy Fujimura Mr. J. Douglas Ing Mr. Robert Nakata

. Dr. John Lewin

STAFF: . Ms. Rae Loui Mr. Edwin Sakoda Mr. Roy Hardy Ms. Lenore Nakama Ms. Sharon Kokubun

OTHERS:

Weymouth Kamakana Pearl Petro John Urauchi Eugene Gerguson Sarah Sykes Michael Ribao Mark/Becky Yuen Wilma Grambusch Dave Martin

DeGray Vanderbilt Rachael Kamakana Greg Helm-Peter Eichhorn Myrle Florea Noelani Joy Colette Machado Michael Foulkes Barry Ching

All written testimonies submitted at the meeting are filed in the Commission office and are available fore review by interested parties. Some items were taken out of sequence to accommodate requests by applicants or interested parties.

ITEM 1

ITEM 2

MINUTES .OF mE OCfQBEB 13 AND 27, 1923 MEETINGS

Unanimously accepted with the correction of the dates on the header pages for the minutes of October 13, 1993 (Cox/Nakata).

AMENDMENT TO CHAPl'ER 13-171 HAWAII ADMINISTRATIVE RULES (BAR>, ADDING A HEW SECTION 13-171.§3. DEPARTMENT OF HAWAIIAN HOME LANDS RESERVATION FOR KUAlAPUU, MOLOJ(AI>

Ms. Loui explained that the proposed rule was amended to address concerns raised at the public hearing held on October 13, 1993. Therefore, the rule reads more directly that the Commission hereby reserves .905 mgd from the Kualapuu Aquifer for use on Hawaiian Home Lands on Molokai.

ITEM 2 AGENDA 1

{ ,

• Chairperson and Members Commission on Water Resource Management November 17, 1993

ITEM 6

ITEM 3

ITEM 4

Mr. Dave Martin of the Native Hawaiian Advisory Council submitted concerns (see Commission files) but stated they would not contest the issue.

Unanimously approved (Cox/Nakata).

APPLICATIONS FOR WATER USE AND WELL CONSTRUCIlONI PUMP INSTALLATION PERMITS. UALAPUE GROUND WATER MANAGEMENT AREA. MOLOKAJ

1. John N. Urauchi, Well No. 0352-12


2. Ellen M. Osborne, Well No. 0448-01

Mr. Nakata asked if the concerns of Historic Preservation were addressed. The investigation was satisfactory and Historic Preservation had no objections to Mrs. Osborne's water use permit request.


3) Pearl Friel Petro, Well No. 0549-01


DEFERRAL OF WATER USE PERMIT ArPUCATlONS. MQLOKAI GROUND WATER MANAGEMENT AREAS

1. Wilma Kamakana Grambusch, Well Nos. 0352-17, 0456-01, & 18 to 20

Unanimously approved for deferral (Fujimura/Cox).

2 Kainalu Ranch, Well No. 0546-02

Unanimously approved for deferral (Fujimura/Cox).

3. Zelie Duvauchelle, Well No. 0448-08

Ms. Collete Machado was concerned because they relied on the water that drains from the Duvauchelle property. Mr. Hardy explained that further field investigation is necessary before any decision can be made on the application. Ms. Machado said she would discuss the matter with Mr. Hardy after the meeting.

Unanimously approved for deferral (Fujimura/Cox)D

HALE MAHAQLU APPUCATION FOK A WATER USE PERMIT. HOME PUMEHANA WELL (WELL NO. 0501-06), KAMILOLOA GROUND WATER MANAGEMENT AREA, MOWKAJ

Unanimously approve~ (Nakata/Cox).

- 2 -

1

• Chairperson and Members Commission on Water Resource Management November 17, 1993

ITEM 5

ITEM 7

ITEMS

WATER USE APPYCATIONS. MANAWAINUl GROUND WATER MANAGEMENT AREA. MOLOKAJ

Mr. Cox asked for comments on testimony submitted by Mr. Martin on their concerns of how the numbers were developed and if the short growing season was taken into consideration. Mr. Hardy explained that by using a 12-month moving average, that is taken into consideration.

Mrs. Wilma Grambusch stated her objections to the permit applications because withdrawals of brackish or potable water would have an affect on the Kalamaula Homestead lands. She felt there was not enough monitoring information and that the eco-balance on the south shore water would be threatened.

Mr. Mike Ribao of Maui Electric commented on the recommendations of staff.

Mr. Cox asked if the requests were for existing uses only and if staff did consider the use of brackish water. Mr. Hardy replied that except for Application 5 which was for a future use, all requests were for existing uses. In regards to the brackish water, if it is from the aquifer system, it is deducted from the sustainable yield.

1. Hawaiian Research Ltd., Well No. 0603-01

Unanimously approved the water use permit as recommended by staff (Nakata/Cox).

2. Maui Electric Company, Ltd., Molokai Division, Well No. 0603-07


3. Maui Electric Company, Ltd., Molokai Division, Well No. 0604-03


4. Maui Electric Company, Ltd., Molokai Division, Well Nos. 0603-06 and 0604-04 & 05

Unanimously approved to deny without prejudice the water use permit as recommended by staff (Nakata/Cox).

00

5. Molokai Ranch Ltd., Well No. 0706-02


HONOLULU BOARD OF WATER SUPPLY APPLICATION FOB PUMP INSTALlATION PEBMIT& M1YL\NI WELLS 9 " 10 <WELL NOS. 28$8:01 " (2), PEARL HARBOR, OAHU


HONOLULU BOARD OF WATER SupPLY APPLICATION FOR WELL ~ INSTALLATION PERMITS. WAIPAHU III WELis (WELL NOS. 2459·26 TO 30) PEARL HARBO& OAHU


- 3 -

• I. •

... / • Chairperson and Members Commission on Water Resource Management November 17, 1993

ITEM 9

ITEM 10

ITEM 11

HONOLULU BOARD OF WATER SupPLY APPLICATION FOR WELL CONSTRUCTIONIPUMP INSTALLATION PERMITS, WMAWA 575-FI'. WELLS 1 & 2 <WELL NOS. 2658-03 & 2659-04>, PEARL HARBOR. OAHU .


HONOLULU BOARD OF WATER SUPPLY APPLICATION FOR WELL CONSTRUCJ1ON/PUMP INSTALlATION PERMITS, WAlAWA 765-FI'. WELLS 1 & 2 <WELL NOS. 2658-04 & 05>, PEARL HARBOR. OAHU


The Board of Water Supply applications (Items 7 to 10) were heard, discussed, and acted on together.

Mr. Ing asked how staff would know if the Board was drawing more water than what is bein~ requested. Mr. Sakoda replied that monthly pumping records are subnntted and reviewed

OTHER BUSINESS

24-Inch pipeline beini installed by Kukui-Molokai

Ms. Sarah Sykes expressed her concern that the construction and grading work done by the Molokai Ranch is too close to and may degrade the drinking water wells and that further evaluation such as an BIS is needed.

Chairperson Ahue stated that the issue of an environmental assessment and EIS is currently being reviewed by DLNR staff but is a Board of Land and Natural Resources issue, not a Water Commission issue.

Mr. DeGray Vanderbilt also testified that an EIS should be done.

ADJOURNMENT The meeting was adjourned at 2:37 p.m.

Respectfully submitted,

SHARON S. KOKUBUN, Secretary

APPROVED AS SUBMItTED:

- 4 -

• State of Hawaii

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

Honolulu, Hawaii

November .. 17, 1993

Chairperson and Members Commission on Water Resource Management State of Hawaii Honolulu, Hawaii

Gentlemen:

Water Use Permit Applications Manawainui Ground Water Manuement Area. Molokai

&lplicant:

1. (Well No. 0603-01) Hawaiian Research Ltd. P.O. Box 40 Kaunakakai, HI 96748

2. (Well No. 0603-07) Maui Electric Co., Ltd,

Molokai Division P.O. Box 378 Kaunakakai, HI 96748

3. (Well Nos. 0603-06, 0604-03 to 05) Maui Electric Co., Ltd,


4. (Well No. 0706-02) Molokai Ranch, Ltd. Four Waterfront Plaza, Ste.400 500 Ala Moana Blvd. Honolulu, HI 96813

Back&round

Landowner;

Roland Holden P.O. Box 839 Williamsburg, IA 52361

Molokai Ranch P.O. Box 8 Maunaloa, HI 96770

Same

Same

The applicants submitted completed water use permit applications to. the Commission as indicated in Exhibit 1. Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits.

Analysis & Issues

Overall Manawainui Ground Water Management Area Conditions

Authorized uses of water in the Manawainui Aquifer System account for 0.645 million gallons per day (mgd), or about 32%, of the aquifer's sustainable yield estimate of 2 mgd. Actual metered withdrawals for these uses have not been established as yet but should be within the next five (5) years.

The un-allocated portion of the system's sustainable yield (1.355 mgd) is insufficient to fully accommodate all pending permit applications, which show a total request of 1.849 mgd (see Exhibit I). However, of this total, existing uses account for only about 0.046 mgd, and these can be satisfied within the limit of available water. By far, the major portion of the total pending request is for future uses; these account for the remaining 1.802 mgd. Table 1 summarizes the current ground water allocation situation

ITEM 5

Chairperson and Members November 17, 1993 Commission on Water Resource Management

for the Manawainui Aquifer System and provides a breakdown of each pending applications' current use status. Table 1 is also meant to provide some indication of amount of flexibility available to the Commission, in light of any verbal or written testimony presented by the individual applicants during these proceedings, with regard to final allocation amounts for future uses.

.

TABLE 1

MANAWAINUI . SYSTEM

1T£M ""get) <.

Sustainebl. Yi.ld 2

Existing Alloc.tions 0.845

Availabl. Allocations 1.355

H.waii.n R •••• rch Ltd.

G.rald I. N.

M.ui EI.ctric Co. (N.iw. M.co Irr , 2)

M.ui EI.ctric Co. (N.iw. Dug)

M.ui EI.ctric Co. (N.iw. M.co Op.n Pit)

M.ui EI.ctric Co. (Naiwa M.co Irr , 1)

M.ui EI.ctric Co. (Naiw. M.co Cooling)

Molok.i Ranch (Pal.au Aquacultura)

TOTALS

TOTAL RECOMMENDED ALLOCATIONS

•..••.......• ·)y.i. t ) ••• •.••·•· •• · •.• ··•······•····•···.············ . .. . ........

... ...... ........... REMAINING AVAILABLE ALLOCATION 0.445

+ Includ.s fir. prot.ction t.sting and u •• for actual fir.s only • Phas.1 of Pal.au Aqu.cultur. only .

PENDING PENDING APPLtCATtONS APPLICATIONS

• . EXI$.YING USE FUTURE USE . (mgd) (mgd)

0.046

0.006

0.003

+0.000

+0.000

0.003

0.350

··1.440

+0.048 1.802

+0.048 ·0.884 . .

•••••• •• .. ..

•• Ph ••• 1 and 2 of Palaau Aqu.cultur •. R.maining Phase 3 will require an additional 0.576 mgd.

With respect to future water uses, the Final Report of the Molokai Working Group includes a general recommendation for the Central Sector, which encompasses the Manawainui Aquifer System, that "bulk ground water allocations should generally coincide with 2010 Potable Water Use Projections, subject to ongoing studies of the aquifer's capacity." No increase in potable water needs is projected in the year 2010 for the Manawainui Aquifer System (see Exhibits 2 and 3). The Final Report also includes projections for non-potable water needs (see Exhibit 4). None of the future uses described in these permit applications, all of which request use of non-potable water, are included in the projection.

With the exception of one application requesting future use of 0.006 mgd that has only recently been accepted as completed (Well No. 0603-05), all pending applications for water use permits (both existing and future uses) are presented in this submittal for Commission action. These are summarized as follows:

1. Hawaiian Research. Yd. - This application is for an existing use of brackish water for irrigation of twenty-five (25) acres of corn and sorghum. The applicant estimates that an allocation of 46,000 gpd should be sufficient to meet the current irrigation requirement. Based on monthly water use reported for January 1988 to June 1992, this estimate appears reasonable (see Exhibit 5). Although the data indicate a reJ"ative decline in 12-month moving average withdrawals during this period, it is reasonable to assume that

2

Chairperson and Members Commission on Water Resource Management November 17, 1993

water use will fluctuate in response to climatic conditions. Per unit area, the requested amount is in" line with allocations granted to the applicant in prior Commission action for two nearby similar water uses (about 1,850 gallons per acre per day).

The well, which is located about lI4-mile inland at an altitude of 15 feet, has been used for irrigation water supply for over twenty (20) years. There is one other active well located in an adjacent parcel at about the same altitude; however, impacts to this well and other local wells, streams, and the Manawainui Aquifer System should not be any different than it has been for the past twenty (20) years. Unacceptable adverse impacts are not anticipated from continuation of this long-standing water use. No specific objections to this application have been submitted to the Commission.

The applicant's estimate of existing water use is slightly less than that provided by the Molokai Working Group, which reported an existing use of 56,000 gpd from this source (see Exhibit 2), and considerably less than the estimate of 95,000 gpd that was determined from a field investigation of the site. Discrepancies in existing use estimates may be related to seasonal variations in irrigation demand. Much of the water use occurs. during the growing season from November through March, although some water is needed for preparation of the fields. Averaged for just these months, water use reported for the 1991-92 growing season was 56,000 gpd, which is in agreement with the estimate from the Molokai Working Group.

NHAC has commented that the water use permit should be constructed to reflect the seasonal variation in water use. Evaluation of water use based on a 12-month moving average provides a means by which to account for seasonality without putting undue restrictions on the time of year during which water may be used. Other concerns regarding reservations of water for future DHHL needs have been addressed, and it is assumed that this is no longer an issue (see Attachment C). Comments regarding potential impacts of existing and future withdrawals from this source on fishponds and nearshore ecosystems is a valid concern; however, this is difficult to address at present because information necessary to determine the extent and nature of resultant impacts, if any, on the productivity of these ecosystems is not available. It has been determined that no designated marine conservation areas exist in the immediate vicinity. Also, because this use has been in existence for a number of years, no further impacts are anticipated.

Review comments submitted by the Maui County Council included a request for deferral of this application pending justification of demonstrable need due to non-existing use of the source. This is contrary to the fmdings of the field investigation conducted by Commission staff, which reported use to be in existence. Staff was unable to contact the reviewer for the Maui County Council prior to this Commission meeting, but efforts to resolve this discrepancy will continue.

2. Maui Electric Co .. Ltd. - MoIokaj Division - This application involves an existing use of brackish water for fire protection system testing and actual fire protection as required for the Palaau Power Plant. System testing is conducted on a weekly basis and consists of opening the hydrant system and testing each hydrant one at a time. Water use, as measured by the in-line flowmeter installed on the outlet line, is about 1,000 gallons per week, which is about 142 gpd on an average annual basis. Water is discharged at the surface in the immediate vicinity. In the event of an actual fll'e, the pump will operate at full capacity (1,000 gallons per minute, or 1,440,000 gpd), assuming maximum efficiency. These estimates of water use are based on verbal communication with the applicant, as monthly reports of water use have not been submitted to date. However, a standard condition of a water use permit for this amount is that the applicant submit monthly water use reports to the Commission on a yearly basis.

There are no other wells located downgradient. Authorization to continue this reasonable and beneficial use of water for fire protection should not result in unacceptable adverse impacts to other local wells, streams, and the Manawainui Aquifer System.

Water from this dug well may be withdrawn from what may be an overgrown portion of the Kaluaapuhi Fishpond. The Historic Preservation Division has commented that the site is in excellent condition and that continuation of the existing use of water will have "no effect" on the Kaluaapuhi Fishpond (site 104), but suggests that the Commission examine the impact of water withdrawal from the well if at some time in the future the

3


site is returned to operation. Since the site is in excellent condition at this time, under the present conditions, staff see no reason to study the impact unless withdrawals from the well is significantly increased on a sustained basis.

The Maui County Council has determined water use from this source to be nonexistent and has requested that this application be deferred pending justification of demonstrable need. However, use of water for the purposes described in the application was verified to be in existence at the time of the field investigation. Staff was unable to contact the reviewer for the Maui County Council prior to this Commission meeting, but efforts to resolve this discrepancy will continue.

Water required for operation of the power plant is supplied by the DHHL water system via pipelines that connect to storage tanks on the property. Molokai Electric is also able to receive water from Molokai Ranch via pipelines that connect to 5,000 gallon and 25,000 gallon storage tanks on the mauka side of the property. At this time, only the DHHL system is used for regular augmentation of Molokai Electric's operational water needs. This use has been included in the water use permit for the DHHL wells (Well Nos. 0801-01 & 02) which has been approved.

3. Magi Electric Co" Ltd. - MoIokai Djyjsion - The applicant submitted four applications for proposed uses of brackish water from existing sources located on lands owned by the applicant. The current status of the wells, as determined from a December 21, 1992 field investigation, and their proposed uses are summarized as follows:

a. (Well No. 0603-06) Naiwa-MECO Irr #2. This source was not in use at the time of the field investigation. A pump has never been installed in the well after it was drilled. An allocation of 2,500 gpd is requested for future landscape irrigation use.

b. (Well No. 0604-03) Naiwa-MECO Open Pit. This dug well had been used for fire protection in the past. At the time of the field investigation, the well was not in use and not equipped with a pump or motor. An allocation of 150 gpd is requested for future fire protection use.

c. (Well No. 0604-04) Naiwa-MECO Irr #1. This drilled well is equipped with a pump and motor, however, the pump has been broken for two years. An allocation of 2,500 gpd is requested for future landscape irrigation use.

d. (Well No. 0604-05) Naiwa-MECO Cooling Tower. This dug well was last used in June 1990. Two pumps with electric motors are installed in the well. An allocation of 350,000 gpd is requested for future industrial cooling and fire protection use.

Additional information has been requested by staff for the proposed landscape irrigation and industrial cooling uses from Well Nos. 0603-06 and 0604-04 & 05. The applicant has indicated that written documentation outlining project plans will be submitted by a representative in attendance. Future use of water from Well No. 0603-03 for fire protection is considered reasonable and beneficial and requires no further justification.

4. Molokaj Bauch. Yd. - This application is for future use of 1,440,000 gpd of brackish water for irrigation of 36 acres of coco palms and fish and shrimp aquaculture. On September 15, 1993, the Commission deferred action on this permit application and requested that additional information regarding the future water use be provided by the lessees of the property. On November 5, 1993, the applicant complied with this request and submitted a scheduling and development plan for the lessee's aquacultural operation (Attachment D). . '

The development plan describes a three-phase implementation plan for a prawn and shrimp aquacultural operation. The operator and lessee has indicated that the first two increments of construction will take place by the summer of 1996 and will require 1,000 gpm, or 1,440,000 gpd of brackish water. The applicant requests an allocation sufficient to cover these first two phases, as it is fairly certain that these first two increments of construction will occur as scheduled. The third increment of construction

4


is less certain and depends largely on the results of a land survey.

It is uncertain whether pumping at the proposed rate can be sustained without compromise to the water qUality. The previous operator of the well, Hawaiian Research Co., Ltd., had installed a 75 Hp pump with a capacity of 1100 gpm. It is not certain whether the pump was operated at full capacity; however, it is known that pump age was not sustained throughout the year. Because of the seasonal irrigation requirement of the type of crop grown (corn), heavy use was experienced for only a few months of each year. Because the effects of continuous pumping have not been tested, staff feels it would be prudent to allow the applicant to test the well at a lower pumping rate initially.

According to the development plan, the first stage of construction will require a total pumping rate of 600 gpm (about 864,000 gallons per day) and is tentatively planned to begin at the end of the 1993 calendar year. The next increment of construction is not scheduled to occur until the summer of 1996. During the first stage, pumping at a rate of 864,000 gpd can be monitored. Based on these results of pumping, the Commission will be in a better position to evaluate the potential of the well to sustain higher rates of pumping for stages 2 and 3.

The well is located near the shoreline, and there are no fishponds or other wells in the immediate vicinity. If the underlying saltwater is drawn upward, it will likely affect only the subject well. Impacts to surface waters and surface water biota are not anticipated. However, it is unclear what effects long-term pumping will have on the ground-water flow patterns in the immediate vicinity of the source.

It is uncertain why the Molokai Working Group did not include this future nonpotable water use in their projection (Exhibit 3). It may be that this operation has only recently been proposed. The well had been used as recently as 1992 by the Hawaiian Research Company, Ltd.

RECOMMENDATION

1. That the Commission approve the issuance of an interim water use permit to the Hawaiian Research Ltd. for the reasonable and beneficial use of 46,000 gallons per day of brackish water for agricultural irrigation for use from the Umipaa Well (Well No.

n./ 0603-01), subject to the standard water use permit conditions listed in Attachment B and ~ the following special condition:

r\ 'f:\'~ a. The applicant may continue this existing use of ground water within the limits VV'\.\. approved by the Commission, and the actual issuance of the interim permit shall

not be a reason to interrupt this existing use.

2. That the Commission approve the issuance of an interim water use permit to the Maui Electric Company, Ltd. - Molokai Division for the reasonable and beneficial use of 150 gpd of brackish water from the Naiwa Dug Well (Well No. 0603-07) for weekly fire protection system testing and water quantities for actual fIre protection as required, subject to the standard water use permit conditions listed in Attachment B and the following special condition:

a. The applicant may continue this existing use of ground water within the limits approved by the Commission, and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

3. That the Commission approve the issuance of an interim water use permit to the Maui Electric Company, Ltd. - Molokai D!vision to use brackish water from the NaiwaMECO Open Pit Well (Well No. 0604-03) for the reasonable and beneficial use of water quantities for actual fire protection as required, subject to the standard water use permit conditions listed in Attachment B.

4. That the Commission deny without prejudice the issuance of water use permits to the Maui Electric Company, Ltd. - Molokai Division for future landscape irrigation use of 2,500 gpd of brackish water from the Naiwa-MECO Irr #2 Well- (Well No. 0603-06) and 2,500 gpd of brackish water from the Naiwa-MECO Irr #1 Well (Well No. 0604-04),

5


and future industrial cooling use of 350,000 gpd of brackish water from the NaiwaMECO Cooling Tower Well (Well No. 0604-05), unless the applicant can show definite plans to use these requested amounts within the next four (4) years. If and when granted, the interim water use permit should be subject to the standard conditions listed in Attachment B and the following special condition:


5. That the Commission approve the issuance of a water use permit to the Molokai

Attach.

Ranch, Ltd. for the reasonable and beneficial use of 864,000 gallons per day of brackish water from the South Hoolehua Well (Well No. 0706-02) for irrigation and aquaculture, subject to the standard conditions listed in Attachment B and the. following special conditions:

a. The interim water use permit shall be subject to the five-year verification period afforded to existing uses.

b. The applicant must monitor chloride concentrations on a monthly basis and submit monthly reports of water use and chloride concentrations to the Commission.


EITH W. AHUE. Chairperson

-o-n.o<-.J.-"-> JJ~ 1;VvV ~

_ ~ '" ~ tv .... ~~ ~\rAVL,. 1- ~ 17

_ ~J')9- )N'~ I ,~<:\~~ 6 L\

\ \v~''("1 {J \ ~'~ I. -~:'} fl~ ~

Chairperson and Members Commission on Water Resource Management November 17. 1993

WATER USE PERMIT DETAILED INFORMATION

Source Information

AQUIFER: Manawainui System, Central Sector, Molokai Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:

2 mgd 0.645 mgd 1.355 mgd 0.006 mgd

1.

2.

WELL: Location: Year Drilled: Casing Diameter:

Elevations (msl= 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:

Total Depth: Grouted Annulus Depth:


Elevations (msl = 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:


3a. WELL: Location: Year Drilled: Casing Diameter:



3b. WELL: Location: Year Drilled: Casing Diameter:

Umipaa Well (Well No. 0603-01) Kalamaula, Molokai, TMK:5-2-ll:28

Dug in 1972 72 in.

NA ft. 15 ft.

NA ft. NA ft.

-1 ft.

16 ft. NA ft.

Naiwa Dug Well (Well No. 0603-07) Kaluaapuhi Fishpond, Molokai, TMK:5-2-11 :23

Dug in 1950's NA in.

Oft. 11 ft.

NA ft. NA ft.

-4 ft.

15 ft. NA ft.

Naiwa-MECO Irr #2 Well (Well No. 0603-06) MECO Palaau Power Plant, Molokai, TMK:5-2-11:31

1980 4 in.

1.9 ft. 84 ft. 6 ft.

-2 ft. NA ft.

86 ft. NA ft.

Naiwa-MECO Open Pit (Well No. 0604-03) MECO Palaau Power Plant, Moiokai, TMK:5-2-11:36

Dug in 1981 NA in.

ATTACHMENT A


3c.






3d. WELL:

4.

Location: Year Drilled: Casing Diameter:

Eleyations (msl = 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:





Oft. 16 ft.

NA ft. NA ft.

-3 ft.

19 ft. NA ft.


1980· 5 in.

1.8 ft .. 36 ft. 8 ft.

NA ft. -9 ft.

45 ft. NA ft.

Naiwa-MECO Cooling Tower (Well No. 0604-05) MECO Palaau Power Plant, Molokai, TMK:5-2-11:31

Dug in 1980 90 in.

Oft. 34 ft.

32'-5" ft. NA ft.

-4 ft.

38 ft. NA ft.

South Hoolehua Well (Well No. 0706-02) Palaau Government Road, Molokai, TMK:5-1-2:18

Dug in 1947 NA in.

ATT ACHMENT A

NA ft. 23 ft.

NA ft. NA ft.

-2 ft.

25 ft. NA ft.


-+--If ound

'1

I~ ..... II'levi Totm Depth

... , I I I I I ... , • pwf. cosiIg

L...., -

... ,

Use Information

1. Quantity Requested: 46,000 gallons per day. Existing Type of Water Use: Irrigation of 25 acres of com and sorghum. Place of Water Use: Kalamau1a, Molokai at TMK: 5-2-11:0

Reported Water Usage: Nearby Similar Water Usage:

1,480 gpd/acre 1,850 gpd/acre

2. Quantity Requested: 1,440,000 gallons per day. Existing Type of Water Use: Weekly testing and actual fire protection as required. Place of Water Use: Kaluaapuhi Fishpond, Molokai at TMK: 5-2-11:31


3a. Quantity Requested: 2,500 gallons per day. Proposed Type of Water Use: Irrigation of 10 acres of landscape. Place of Water Use: MECO Palaau Power Plant, Molqkai at TMK: 5-2-11:31


3b. Quantity Requested: 150 gallons per day. Proposed Type of Water Use: Fire protection. Place of Water Use: MECO Palaau Power Plant, Molokai at TMK: 5-2-11:36


3c. Quantity Requested: 2,500 gallons per day. Proposed Type of Water Use: Irrigation of 10 acres of landscape. Place of Water Use: MECO Palaau Power Plant, Molokai at TMK: 5-2-11:31


3d. Quantity Requested: 350,000 gallons per day. Proposed Type of Water Use: Industrial cooling and fire protection. Place of Water Use: MECO Palaau Power Plant, Molokai at TMl<: 5-2-11:31

ATTACHMENT A

NAgpd NAgpd

NAgpd NAgpd

NAgpd NAgpd

NA gpd NA gpd

Chairperson and Members Commission on Water Resource Management


4. Quantity Requested: 500,000 gallons per day.

November 17, 1993

NA gpd NA gpd

Existing Type of Water Use: Irrigation of 36 acres of coco palms; fish and shrimp aquaCUlture ..

Place of Water Use: Palaau Government Road, Molokai at TMK: 5-1-2:18


Manawainui Aquifer System Current 12-Month Moving Average Withdrawal:

* Based on available water use data for Well No. 0603-01. Water use information not available for other sources.

Nearb,y SUrroundin& Wells and Other Re&istered Ground Water Use

NAgpd NAgpd

0.037 mgd* (2% of Sy)

There are fifteen (15) other wells within a mile of Well No. 0603-01 (see Exhibit 6A). Four (4) or possibly five (5) of these wells are currently in use. There are eight (8) other wells within a mile of the Maui Electric Co., Ltd. - Molokai Division wells (Well Nos. 0603-06 & 07 and 0604-03 to 05; see Exhibit 6B). Two (2), possibly three (3) of these wells are currently in use. There are five (5) other wells within a mile of Well No. 0706-02, three (3) of which have possible existing use (See Exhibit 6C).

Information from the registration program indicates there are possibly thirty-four (34) existing wells in the Manawainui Aquifer System. Total water use reported for this system is 0.37 mgd; however, not all existing users have been established and some recently permitted uses have not submitted reports as yet. The 1992 Draft of the Maui Water Use and Development Plan, Island of Molokai does not provide an estimate for existing withdrawals from the Manawainui Aquifer System. However, the Final Report of the Molokai Working Group estimated the actual use from the Manawainui Aquifer System to be 0.056 mgd.

Public Notice

In accordance with HAR 113-171-17, public notices were published in the StarBulletin as indicated in Exhibit I, and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural·Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by the dates indicated in Exhibit 1.

Objections/Comments

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by the dates indicated in Exhibit 1.

ATT ACHMENT A


1.

2.

To the best of staffs knowledge there are no objectors who have property interest within the Manawainui Aquifer System or who will be directly and immediately affected by the proposed water use. All objections and/or comments to the application are summarized as follows:

Objector/Commentator

NHAC

Maui County Council

HPD

Maui County Council

Objection/Commem

General process of water use permit applications. Permit should reflect seasonal variation in water use. Defer action pending reservation for DHHL lands. Restrict use to avoid affecting subsurface flows to fishponds and nearshore ecosystems and to honor native Hawaiian rights. •

Appears to have non-existing use; request to defer pending explanation of demonstrable need.

Examine impact of withdrawal on necessary level of water in the pond should the site be returned into operation.


3.a. to c. General process of water use permit applications. Defer pending reservation for DHHL lands and pending bulk allocation to Maui DWS. Restrict use to avoid affecting subsurface flows to fishponds and nearshore ecosystems and to honor native Hawaiian rights.

NHAC

3d. NHAC

Maui County Council

ATT ACHMENT A

General process of water use permit applications. Defer pending reservation for DHHL lands and pending bulk allocation to Maui DWS. Restrict use to avoid affecting subsurface flows to fishponds and nearshore ecosystems and to honor native Hawaiian rights.



Briefs in Support

Responses to objection$, or briefs in support, regarding the application are required to be filed with the qommission ten (10) days after an objection is filed and, presumably, copies are served! to the applicant. . No briefs in support were filed with the Commission.

Field Inyestieation

1.

2.

The water source and ~xisting use was investigated on October 5, 1992. The investigation verified the appl,cants request for water use permit.

The water source and ~xisting use was investigated on December 21, 1992. The investigation verified the appl~cants request for water use permit.

3.a. to d.

4.

The water sources an4 proposed uses were investigated on December 21, 1992. The investigation verified the:uses to be non-existent use.

The water source andjproposed use was investigated on October 5, 1992. The investigation verified use to ~ non-existent.

ATTACHMENT A


STANDARD W AIER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachmen,ts. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (BAR 113-171-2).

2. The right to use ground water is a shared use right.

3. The water use must at all times meet the requirements set forth in HAR 113-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act and 174C-101(a), HRS.

4. The ground water use approved must not interfere with surface or ground water rights or reservations.

5. The ground water use approved must not interfere with interim or permanent instream flow standards or policies as determined by the Commission. If it does, then:

a. A separate water use permit for surface water must be obtained in the case an area is also designated as a surface water management area;

b. The interim or permanent instream flow standard, as applicable, must be amended.

6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its November 17, 1993 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect water sources in quantity, quality, or both; b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as of

June 1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or

ATTACHMENT B


g. Carry out such other necessary and proper exercise of the State's and the Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. If the ground water source does not presently exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twenty-four (24) months from the date the water use permit is approved.

11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Manawainui Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR 113-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR 113-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights.

15. The permittee shall comply with all applicable laws, rules, ordinances, and other agencies' permits and conditions pertaining to water use or the water resource .

. 16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance

of the permit to assist the Commission in fulfilling HAR, §l3-171-42( c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Manawainui Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to HAR 113-171-21. The fmal determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

19. The water use permit shall be subject to the CWRM's establishment of instream standards and policies related to stream protection and management, as well as legislative mandates to protect stream resources.

ATTACHMENT B

'-r

-f- • STATE OF HAWAII

OFFICE OF HAWAIIAN AFFAIRS

The Honorable Keith H. Ahue State of Hawaii

711 KAPIOLANI BOULEVARD. SUITE 500

HONOLULU. HAWAII 96813-$249

PHONE (808) 586-3777:

FAX (808) 586-3799 '

October 7, 1!993

Department of Land and Natural Resources Commission of Hater Resource Management P.O. Box 621 Honolulu, Hawaii 96809 Attn: Ms. Rae Loui, Deputy

Dear Mr. Ahue: , i

..

.. ,';!I .' . c.~ .

ADM 474

He have received the following water permitl applications. Thank you for the opportunity to review these applications: !

Applicant Name

J.I. Kaio R. Caldeira Campbell Estate Maui E1 ectri c Maui Electric Maui Electric Maui Electric Maui Electric Hawaii Res. H. Kamakana DLNR DLNR

Hater Mgt. Area

Koo1au1oa Koolauloa Koolauloa Maunawainui Maunawa1nui Maunawa1nu1 Maunawa1nu1 Maunawainu1 Maunawainui Ua1apue Moku1eia Moku1eia

, ,

Tax Map Hell

Number

5-5-08:40 3956-07 5-5-01:60 3855-11 5-6-03:161 4258-09 5-2-11:31 0604-04 5-2-11:36 0604-05 5-2-11:36 0604-03 5-2-11:31 0603-06 5-2-11:23 0603-07 5-2-11:28 0603-01 5-6-6:14 0352-17 6-8-07:01 3309-01 6-8-07:01 3309-02

> \

2.$$ 41

Hon. Keith H. Ahue October 7, 1993 Page 2

H. Karnakana H. Karnakana H. Karnakana

• Kawe1a Kawe1a Kawe1a

52,500 2,355 90,000

5-4-1:29 5-4-1:18 5-4-1:02

0456-(1) 0456-18 0456-(1)

He have no specific concerns with the above water perrnit applications.

Sincerely yours,

LM:jl

£.

NATIVE HAWAIIAN ADVISORY COUNCIL 'Aha kako'o kanawai no ka na 'auao, no ke kuiaiwi, no ka Hawai'i

A NONPROFIT 501( c)(3) CORPORATION

1088 BIG hop St., Suite 1204, Honolulu, Hawaii 96813. (808)523-1445, FacGlmile 599-4380 684 Keolu Drive, Suite NHAC, Kailua, Hawaii 96734· (808)261-6318, FacGlmlle 261-2012

1993 November 17

TESTIMONY TO THE STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT

:ITEM 1. Minutes of October 13 and October 27, 1993

:ITEM 5 POAMOHO A WELL & NHAC WELL

Poamoho Venture's comments "that they made modifications to their agricultural plans because of the amount of water available in the aquifer" are not supported by the history of its application. Its reduction in quantity of water requested (from 0.8 to 0.6 mgd) was apparently achieved by eliminating the water requirement for nearby University of Hawaii projects, not by modifications to agricultural plans for its own lands. Therefore Poamoho Venture's suggestion that we "also make modifications" to our crop selections "in consideration of the amount of water available" is shibai. It also illustrates the Venture's lack of knowledge about agricultural conditions in our area, where edaphic and hydrological characteristics limit crop selection to those suited for highly waterlogged mucky soils and/or ponded fields.

Nonetheless, our agricultural plan already exhibits modifications made because of the amount of water available. If we were to plant the entire acreage in our preferred cash crop, watercress, our water requirements would 4.5 mgd. Knowing that the historical maximum capacity of our existing water source to be 0.75 mgd, we scaled back our watercress acreage accordingly and eliminated the immediate need to develop additional water sources on the property.

:ITEM 2. Molokai HHL Reservation

PUblic Hearing:

How does staff differentiate between applicable and inapplicable comments from testimonies received? An analysis of the (in)applicability of comments received should be included in the submittal.

For instance, the Maui mayor's suggestion that the water reserve be defined in terms of quality as well as quantity is an extremely applicable comment which we support and which probably has broad support among Molokai beneficiaries of the Hawaiian Homes .

.. 112£ tU •

• f

commission ,Act. Note that DHHL's testimony explicitly states that "These foreseeable needs reflect potable water requirements of planned developments." Furthermore, staff apparently ignored DHHL"s request for "the remainder of the available Kualapuu groundwater as a reserve for this [agricultural] purpose."

These comments and issues were apparently deemed inapplicable for no apparent reasons and were not incorporated into the proposed amendment. The rationale surrounding these and other significant staff decisions about public hearing testimony must be documented for public consumption.

Attachment: DRAFT HAR 13-171-63

The words "from state lands" must be deleted from the proposed rule. Nothing in HRS 174C-101 or HAR 13-171-13 Cd) restricts reservations to water from state lands and no testimony supports such restriction. COWRM authority extends to all aquifer waters, not merely to those portions underlying state lands.

A first calIon government-owned water is not the same as a reservation of water to guarantee fulfillment of priority needs. Moreover, the definition of "government-owned water" is debatable, with no formal Attorney General or judicial decision on the matter recorded. Under the current constitutional and common law of Hawaii (which characterizes all water resources as a public trust) government-owned water is all water, and there is no legal basis for restricting sources of water reserved for Hawaiian Home Lands to state lands. In general, the Hawaiian Homes Commission Act (HHCA) is currently interpreted ih accordance with currently prevailing law. Arguments that the current definition of "government-owned water" in HHCA section 221 must coincide with that accepted at the time of HHCA legislation attempt to apply a double standard to that section and are void.

The phrase "for use on Hawaiian Home Lands on Molokai" must be changed to "for use by the Hawaiian Homes commission (HHC) on Molokai. " Once a reservation, of water based on current and foreseeable needs on Hawaiian Home Lands is achieved, HHC must not be barred from activating that reserve for other purposes while developing the capability to use the water on its own lands. In fact, HHC use of reserve water in this way will speed the achievement of this capability, as HHC will be able to use the reserve to generate more resources for homestead development.

ITEM 3. Deferral of water Use Permit Applications

Background

Unlike similar items on this agenda, the date of submittal of the completed water use permit applications is not given. Specific information regarding the source, use, notification, objections, and field investigations are not attached. When recommending a

:a ; $

deferral, staff should still submit this information to facilitate complete public and COWRM review and assessment.

Issues

Given that COWRM has contracted for verification of water uses on Molokai and that this work has been going on for some time, "Further field investigation necessary" is a weak reason for deferral of the Grambusch and Duvauchelle applications. Verification of their uses and of all uses connected to pending water use permit applications should be a COWRM' priority coordinated with the contractor. For instance, it is hard to' understand why the investigation of the application submitted for agenda item 4 (Home Pumehana Well) was completed within three weeks of its submittal while the Grambusch and Duvauchelle applications were not afforded similar timeliness of due process.

"Further field investigation necessary" implies that some field investigation has already been completed. Staff should present the results of investigations completed to date and specify the investigative work remaining.

RECOMMENDATION

COWRM should issue ~he Grambusch and Duvauchelle applications based on current information, or at least impose a time limit for completion of "Further field investigation."

ITEM 5 Kanawainui Ground water management Area

Analysis & Issues

NHAC again objects to COWRM's practice of blindly permitting' existing uses at 100% of existing use. While the Water Code assures existing correlative uses of ground water, it does not require that 100% of the use be assured. Rather, the intent of water use permitting is to create a level playing field inclusive of all existing and pending uses, so that the best combination of reasonable-beneficial use serving the public interest can be achieved. There is nothing holy about existing use, except that it is assured only to the extent that it remains more reasonable and beneficial than competing existing and new uses. Especially at a time when COWRM does not yet have a specific framework ofr idantifying, assessing, and evaluating reasonable and beneficial us~s and applying public interest balancing tests, it is ridiculous to blanketly assume that existing uses are better than new uses.

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, (' , 1608.77 11 10 • L'

JOHN WAIHEE GOVERNOR

STATE OF HAWAII

HOALIKU L, DRAKE CHAIRMAN

HAWAIIAN HOMES COMMISSION

STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS

p, 0, BOX 1879

HONOLULU, HAWAII 96805

October 14, 1993

The Honorable Keith W. Ahue Chairperson Commission on Water Resource Management Department of Land and Natural Resources P. o. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue:

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•• Withdrawal of Objections -~~ :~\ ':t

The Department of Hawaiian Home Lands has been in a position to raise objections to various applications for water use permits, particularly in Windward O'ahu, on the basis that water reservations were yet required to meet statutory obligations to Hawaiian home lands.

Please be advised that as the proposed water reservations in O'ahu and Moloka'i water management areas are finalized, our objections for this reason are thereby withdrawn.

HLD:BH:ci/1608L.77

We;:~t Ir~o_.,_ H~ Drake, Hawaiian Homes Co sion

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State of Hawaii RECEIVED DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOU~CE MANAGEMf3TSEP 17 PIZ'

Honolulu, Hawan . - • 5 B

MEMORANDUM

DIV. OF WATER & lAND DEVELOPME.NT

TO: Aquatic Resources -~o~tJY"3lld~il~

Historic Presexvation Land Mahagement Natural Area Reserve System Office of Conservation and Environmental Mairs SUite Parks Watet'andLNld:l)eve!opment Other Interested' Parties

FROM: Rae M. Loui, Deputy Directo

SUBJECT: Request for Comments Water Use Pennit Application Manawainui Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use pennit application for Maui Electric for Well No. 0603-07. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 15, 1993 and September 22, 1993.

We would appreciate your review of the attached application and please return this form by October 6. 1993.

. If you have any questions regarding this application, please conta~ Hai at ~ 587-0274 or Lenore Nakama at 587-0218. " i:>~ nl'$

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Attachment(s) ~~i ;; g Response: Contact person: Phone: ~ ':;:() '!:.

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We have no comments We have no objections Comments attached Additional' ormation requested

Exten revre13~~~uested urlt~

B TAGOMORI Date: 10/12193

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, •.. .... JOHN WAlHEE

GOVERNOR STATE OF HAWAII ) '). I I 'L I I.

HOALIKU L. DRAKE CHAIRMAN

HAWAIIAN HOMES COMMISSION

STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS

P. O. BOX 1879 ' , ; \ .; Ii.;, .

HONOLULU, HAWAII 96805 S i . .'; ; ; .. j j;.

October 11, 1993

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The Honorable Keith W. Ahue, Chairperson Commission on Water Resource Management Department of Land and Natural Resources P. O. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue: Water Use Permits

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Thank you for the dpportunity to respond to the following) applications for water use within these Mo1oka'i grOundwate~\ management areas: ' .. ,'

Manawainui: o~t.'?7\. Hawaii Research (0603-01) ~ ,

Maui Electric (0604-03, 04, 05, 06, 07)

Kawe 1 a : "to Grambusch (0352-17, 0456-01, P; 18, 19)

..

While the Manawainui wells might conceiva01y impact future groundwater use on Hawaiian home lands, there are no plans for development at this time. We note that the Maui Electric wells are being proposed for expanded application to anticipated industrial, agricultural, and fire protection uses. The Department has no objections at this time.

The Kawe1a applications are not expected to affect Hawaiian home lands, and we have no objections.

warmest alO~~

u L. Drake, Chairman iian H')mes Commission

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JOHN WAIHEl! GOVERNOR OF HAWAII

DEPARTMENT OF LAND AND N~~~~ rft:~ STATE HISTORIC PRESERVA~1!'WI.~'" ri" i,' (:~Vtl; T

33 SOUTH KING STREET. 8fi:I'FtOt)A~'- , ,'-" "".'. Lf'E .. H ; HONOLULU. HAWAII 98813

October 8, 1993

{(1 DlI'B.AJRJB. CBAIIIPBIIION

BOARD Of LAND AND NATURAL RESOURCE

JOHN P. KEPPELER II DONA L HANAitE

AQUACULTURE OEVEI.OPMENT I"IIOGMM

AQUATIC AE8OUACE8 CONSERVATION AND

ENVIAONMENT AL AFFAIRS CONSERVATION AND

RE8OUftCf8 fHFORCfMENT CONVlVANCE8

FORESTRY AND WIlDLIFE HISTONe PRESERVATION

DM8ION I.ANI) MANA8EM£NT ITATEPANUI WATER AND LAND DEVELOPMENT

MEMORANDUM LOG NO: 9502

TO:

FROM:

SUBJECT:

Rae M. Loui, Deputy Director Commission on Water Resource Management

DOC NO: 9310AG03

Don Hibbard, Administratpr ;~ Historic preservation:-~vi~~;: Water Use Per.mit Application for M8.id.:'Electric for Well No. 0603-07 Naiwa, Molokai . TMlC: 5-2-11: 31

This is an existi'ng well facility adjacent to Kaluaapuhi Pond (site 104), a pond that is partially 'filled but still in excellent condition. We believe that use of water from this well for power plant fire protection will have "no effect" on this pond. However, we suggest that the Commission examine the impact of water withdrawal from the well on the-necessary level of water within the pond should this site be returned into operation.

Please contact Annie Griffin at 587-0013 if you have any questions.

AG:lll

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Council Chair Goro Hokama

Ken R. Fukuoka Director 01 Council Services

Council Vice-Chair Dennis Y. Nakamura

Council Members KimoApana Lynn Britton Patrick S. Kawano Alice l. Lee Rick Medina Manuel "Junior' Moniz Thomas P. Morrow

Mr. Keith W. Ahue, Chair

COUNTY COUNCIL COUNTY OF MAUl

200 S. HIGH STREET WAILUKU, MAUl, HAWAII 96793

October 4, 1993

Commission on Water Resource Management State of Hawaii P.O. BoX'621 Honolulu, Hawaii 96809

Dear Chair Ahue:

SUBJECT: WATER PERMIT APPLICATIONS

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.o,:::,~, cO This letter responds to your request for comments on the water. permit

applications transmitted to me by your letters dated September 20 and~1 ~::199~

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I received your request on September 22, 1993. the Council's prQge~ure~ did not allow enough time to refer the matter to the Council's Human serVices, ""'" .. ' ., Housing, Water and Agricultural Committee. Therefore, I transmitted a copy of the applications to the Committee Chair and to the Council member from Molokai. I have received the attached comments.

If you have any questions, please contact me.

GH:235:mI4 Attachments

Yours truly,

~OMM~+A~~--Council Chair

-, , -_I _:

.. ' • JOHNWAIHEE

KEITH W. AHUE CHAlAPEASON

GOVERNOR OF HAWAII

RE:WRM-KO

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT

P.O.BOX62t

HONOLUlU, HAWAII 1168011

SEP 20 1993

MEMORANDUM

TO:

FROM:

Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands

Dr. John C. Lewin, M.D., Director Department of Health

Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Affairs

~ Mr. Goro Hokama, Chair Maui County Council

Mr. Byron S. Walters, Chair Maui Board of Water Supply

Keith W. Ahue, Chairperson () J V Commission on Water Reso~agement

SUBJECT: Water Use Permit Application Manawainui Ground Water Management Area, Molokai

JOHN C. LEWIN, M.D. ROBERT S. NAKATA

J. OOUGLAS lNG, ESQ. RICHARD H. COX, P.E.

GUY K. FWIMURA

RAE M. LOUI, P.E. DEPUTY

Transmitted for your review and comment is a copy of a water us~t t::; application for Maui Flectrlc for Well No. 0603"()7. Public notice of this ~Ri.catio{ijwill bJO published in the Honolulu Star Bulletin issues of September IS, 1993 ancf~tem.Del- 22, rf'l

993 . "I, r::":'; co ':, ) 1 -~ ~ . ~~ ~

;::,:,:,: " < We would appreciate your review of the attached application and m~e reRllu thifn

~o,.-wn b! October 6 1993 ,.,' ... :'" • • 0 ~ , :.a .au. , • .;:~I~:.. . ... ,-1 1" fT'1 ,Z"~"I N l· .. ··' ..

If you have any questions regarding this application, please contact""Roy HatH, at 587-0274 or Lenore Nakama at 587-0218.

Attachment(s)

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Memorandum to: Mrs. Hoaliku L. Drake Dr. John C. Lewin Mr. Clayton H.W. Hee Mr. Goro Hokama Mr. Byron S. Walters

Page 2

• • SFP "> n IQQ':!

Response: Contact person: _______________________ Phone: ____________ _

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: ____________________________ ___ Date:

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October 4, 1993

MEMO TO: Goro Hokama, Chair

FRO M: Councilmember Patrick S. Kawano~ SUBJECT: water Use Permit Applications

Thank you for giving me the opportunity to view the Water Use Permit Applications for the Island of Molokai. I have reviewed it over with Wren Wescoatt who is a member of the Molokai Working Group which is a Commission on Water Resource Management, Department of Land and Natural Resources, State of Hawaii.

The following applications appears to have non-existing use where applicant doesn't meet demonstrable needs as speciified by the new Molokai Water Management Area Guidelines.

0603-01 0603-07 0604-05 0352-17 0456-01 0456-)?1JI(i 0456-:y8 ,~ 0456-~1()

Ltd. Hawaiian Research Maui Electric Maui Electric Wilma Kamakana Wilma Kamakana Wilma Kamakana Wilma Kamakana Wilma Kamakana

Grambusch Grambusch Grambusch Grambusch Grambusch

< .. ;;) C';, (:"l 0 '" ') ." ~4 '11

May I request that the applications be def,e~~ed l.9)1d ~~k applicant to appear and explain the demonstrable need of theiJ.r location. :.:', ·0 <.

:,'; .. ',;"~.. -~ , :1 , r " Thank you for allowing me the time tp ·.~"revi~w the applications. If any questions, feel free to contact me~ .... .r-

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1993 October 6

NATIVE HAWAIIAN ADVISORY COUNCIL A NoNPAoRT CoAocRAl1ON

1088 Bishop Street, Suite 1204, Honolulu, Hawaii 96813 Telephone (808) 523-1445 Facsimile (808) 599 4:wl

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state of Hawaii Commission on water Resource Management P.O. Box 621 Honolulu, HI 96809

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OBJECTXONS AND COMKBHTS ON APPLXCATXONS FOR WATER USE PERHXTS PUblio Notioe ·dated september 8, 1993 Send written objeotions by Ootober 6, 1993

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NHAC represents water source registrants, water use declarants, water use permit applicants, and others with property interest in . land within the hydrologic unit of the source of water supply, as well as persons with non-property interests, all of who would be directly and immediately affected by the proposed water use.

GENERAL OBJECTXONS/COKMEHTS

We reiterate our general objections to current COWRM water use permit application processing and decisionmaking practices as previously submitted on numerous occasions (10/12/92, 10/21/92, 12/1/92, 6/22/93, 7/8/93, & 9/3/93).

SPECXPXC OBJECTXONS/COKMEHTS

WELL 0603-01

8. QUANTITY OF WATER REQUESTED

While the public notice indicates requested use of 11,000 gallons per day, the application indicates that maximum daily usage will reach 200,000 gallons and that 11,000 gallons per day is an annual average. The application further indicates that most of this use is from November through March" with very little water used from April to October. Thus it seems that any water use permit should be constructed to better reflect this seasonal variation in water use.

14.(c) Hawaiian Home Lands uses affected. In its final report dated July 1993, the Molokai Working Group recommends that n •••

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commission on water Resource Management October 6, 1993 Page 2

DHHL IS demonstrable needs which are currently tied to lands at Hoolehua and Kalamaula through 2010, be reserved first."

Since reservations of water to Hawaiian Home Lands have not yet been accomplished, this application should be deferred until that time • Additionally, mechanisms for bulk allocation of water to the Maui Department of water Supply, similar to those being developed for O'ahu, should be also be implemented prior to allocation to private users.

14. (d) The Molokai Working Group recommends that "Other rights which may exist pertaining to Hawaiians not residing on DHHL lands must also be honored" (Final Report page 6).

The proximity of the well to shoreline fishponds raises questions of extraction impacts upon groundwater flows which nourish these resources. Permitted use of this well should be restricted to avoid affecting subsurface flows required to maintain the productivity of nearby fishponds and nearshore ecosystems, and to honor the rights of Native Hawaiians'to utilize these resources for traditional and customary practices •

•• 11 4258-09

While we have no specific objections to the extraction of salt water for aquacultural use, we are concerned about the potential impacts of wastewater effluent discharge upon water sources and water uses in the area. These water quality concerns should be listed in the applications as potential restrictions on use •

•• lls 0603-07 , 0604-03 to -06

14.(C) Hawaiian Home Lands uses affected. In its final report dated July 1993, the Molokai Working Group recommends that " ... DHHL's demonstrable needs which are currently tied to lands at Hoolehua and Kalamaula through 2010, be reserved first."

Since reservations of water to Hawaiian Home Lands have not yet been accomplished, this application should be deferred until that time. Additionally, mechanisms for bulk allocation of water to the Maui Department of Water Supply, similar to those being developed for O'ahu, should be also be implemented prior to allocation to private users.

14. (d) The Molokai Working Group recommends that "Other rights which may exist pertaining to Hawaiians not residing on DHHL lands must also be honored" (Final Report page 6).

The proximity of the wells to shoreline fishponds raises questions of extraction impacts upon groundwater flows which nourish these

commission on water Resource Management October 6, 1993 Page 3

resources. Permitted use o~ these wells should be restricted to avoid affecting subsurface flows required to maintain the productivity of nearby fishponds and nearshore ecosystems, and to honor the rights of Native Hawaiians to utilize these resources for traditional and customary practices.

Wells 3309-01 , -02

The proposed exploratory well locations appear dangerously close to springs and seeps which irrigate traditional taro lo'i in gulches along the base of the cliffs shown on the maps. These appear to be inappropriate well sites for municipal supply as well as for other water resource management purposes. At the very least, the water use permit application process should be halted until environmental review of the projects under HRS 343 is completed. We also question whether development of these well sites is included in the BWS five-year CIP budget and what water commitments, if any, have been granted for water from the aquifer.

Wells 3856-04, 3554-01 , -02, 3856-07, 3956-05, , 3755-06

NHAC supports the previously-stated objections of Hawai'iLa'ieikawai Association and Hui Malama 'Aina 0 La'ie to any and all water use permitting for Zion securities prior to the resolution of pre-existing complaints and disputes in the area.

Applicant has not definitely established within the application that the proposed use of water meets the requirements of HRS 174C-49, particularly conditions 3 and 4. Applicant's proposed uses as requested within this set of permits total 1,146,000. We are presently unable to determine what percentage of total aquifer capacity this request represents when combined with applicant's previous requests.

Well 3856-07 is a source of water for aquacultural operations occurring on properties owned by Albertina K. Roberts, an NHAC client who has also applied for a water use permit for water from this well. COWRM policy appears to be unclear or non-existent concerning issuance of water use permits among source-site owners, source-site operators, on-site users, off-site users of these sources, and associated off-site landowners. Because of this confusion, Ms. Roberts' filed her application in order to seek protection for existing and continuing use of groundwater on her properties and to preserve her standing in all water matters pertaining to these properties.

The subject wells may also influence the discharge of groundwater from natural springs throughout this area, as well as the extraction of groundwater by artesian -and pumped wells on

Commission on water Resource Management October 6, 1993 Page 4

privately-owned kuleana lands. Any permitted use of water from the subj ect sources should be subj ect to restoration of pre-development natural flows and subsidiary to extractions by Native Hawaiians on kuleana lands.

Mahalo,

!JtJWlClKlI1adW David L. Martin, Water Claims Manager

pc: Hawaiian Research Ltd. Campbell Estate DLNR DOWALD Zions securities Maui Electric

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1992 October 12

NATIVE HAWAllAN ADVISORY COUNCIL A Not-wnol'tT Co!Y'onA 1'lCIN

10M BIshop Street, Suite 120-1, Honolulu, I-Iawall 96813 Tolephonn (006) 523-1445 Focslmllg (000) 599--1:mG

.. Hand-Delivered

state of Hawaii commission on Water Resource Ma~agement P.O. Box 621 Honolulu, Hi 96009

COMMENTS ON APPLICATIONS FOR WATER USE 1. HAWAIIAN ELECTRIC COMPANY WAIAU TUNNEL 2. KAIPAPAU WELL 3. ALL SUBSEQUENT WATER USE APPLICATIO~S FdR PEARL HARBOR WATER

Ml\Nl\GEMENT l\REl\, WINDWARD Ol\UU Wl\TER MANAGEMENT l\REA, AND MOLOKAI WATER MANAGEMENT AREA

Native Hawaiian Adv isory council, Inc. (NHAC) represents persons with property interests in lands within the hydrologic units of the sources of water supply and/or who will be directly and immediately affected by the proposed water use. Furthermore, NHAC advocates the enforcement of constitutional, statutory, and common laws Which require consideration and accommodation of various appurtenant, riparian, correlative, and Hawaiian water righ~s, as well as other Hawaiian rights, in the Water commission I s (COWRM) allocation process.

NHAC strongly objects to the· wording of the legal notices you have published with respect to who may file written objections or comments. One does not have to prove they will be "immediately affected" by a potentially adverse action in order to meet standing requirements. Therefore, the language of the legal notices is misleading and will have an unwarranted chilling effect on public. response and participation in the water Use permitting proceedings.

Neither the Nater Code nor its rules specifically address the question of standing for filing writteh objections or comments on applications for water use. Under the Administrative Procedure Act (HAPA) standing has been interpreted very broadly. Furthermcir~, COWRM has not yet finalized its procedures for processing water Use permits in newly designated water management areas. NttAC is quite concerned that COWRM appears to be estab~ishing~narrow parameters for standing, as evidenced by these legai notices. This arguably constitutes rulemaking which has not been duly undertaken according to procedures required under iIRS .91.

Because water resources have been defined as being owned by the people of the state of Hawaili in Mc8tyde and Reppun all people have property interests in the water supply and may be admitted to any and all proceedings involving its disposition, regUlation, and management. NHAC requests that you modify all future legal notices

':e on water use ~ermit applications to reflect this concern.

NIll\C objects to COWRM's apparent plan to process water use permits applica tions on a first-come, first-serve basis. In order to fulfill the legislative intent of water management area designation, a comprehensive view of existihg, planned, and proposed water uses and water rights in each hydrtilogic unit is required. COWRM should merely collect applications during the oneyear post-designation application period. Then after the application period is closed, and surveys of water rights and reserved water Uses are completed, COWRM can assess and evaluate each application with regard to competing applications, reserved water uses, water rights, and the overall water situation in each hydrologic unit. without such a process, COWRM will not be able to meet Water Code requirements for evaluating competing uses within the framework of the "reasonable and beneficial" st.andard and other legally-imposed constraints.

In the case of Pearl Harbor water Hanagement Area, COWRM has identified a new c~shion of wat~r which can be allocated. Staff has received over 80 applications for these approximately 10 mgd of allocations. There is no way that the current first-corne, first serve processing of applications can equitable resolve this si tua tion. 1\ f inl te application period for these allocations should be established, after which all applications received can be comprehensively processed.

We, therefore, s ta te our overall obJ~ction to current COWR11 procedures and policies regarding water use permit application processin9, in a large part because they do not yet exist. We reserve the right to submit specific objections to proposed permits at later dates, since at present there is insufficient information about the overall context of such permits to allow a fair and informed assessment.

NHAC requests that COWRM postpone decision-making on all water use permit applications for the above-discussed Water Management Areas until after the application period has closed and the hecessary assessments of water rights and reserved water uses have been completed.

David L. Martin, Vice-President

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1992 october 21

state of Hawaii

" NATIVE HAWAIIAN ADVISORY COUNC\L A NoNrror-lf eom:xv.~

1006 Bishop Stroot, Sullo 120-1, Honolulu, Hawaii 96U13 Telephone (000) 523-1-145 r-acslmllo (000) 5GG--1300

..

Hand-Delivered

Commission on Water Resource Management P.O. Box 621 Honolulu, HI 96009

COMMENTS ON APPLICATIONS FOR WATER USE--WAHIAWA WATER MANAGEMENT AREA

1. DPW, USASCH Well Nos. 2901-02 and/or 04 2. All (Future/Subsequent) Applications for wahiawa GWMA

Dear Commissioners:

Native Hawaiian Advisory council, Inc. (NHJ\C) represents persons with property interests in lands within the hydr~logic unl~s of the sources of water supply and/or who will be direct~y and immediately a ffected by the proposed wa ter use. Furthermor.e, NttAC advocates the enforcement of constitut~onal, sta~u~ory, and,commoh laws which require consideration and accommodatioh of v~rious apptlrtehaht, riparian, correlative, and Hawaiian water righ~s, as well as o~her Hawaiian righ~s, in the Water commission's (COWRM) allocat:ion process.

NHJ\C requests clarifIcation of COWRM IS referencin(j the applicat.ions listed above as being within the Wahia~~ Grotihd W~ter Mah~~e~eht. Area, Oahu. This is the first time we Have seen sUch a reference. Has there been a decision to break the Pearl Hatbor t4iiter Management a~ea into sectors? This will have broad im~licatidh~ which merit public discussion and which mUst ~eet o~h~t tUle-fu~kih~ requirements.

NHAC obj ects to COWRM' s apparent plan to pt'oces.s water Use perm.1 ts appl ications on a first-come, first-served bifsis. In oroet to ful fill the legislative intent of water rriai1agemeht area designation, a comprehensive view of existin~, plahhed, ~hd proposed water uses and water rights ih each hydtologic unit is required. COWRM should merely collect applicatiohs during finite application periods. Then after each applicatioh period is clos~d, and surveys of water rights and reserved water u~es ~re.complet~d, COWRM can assess and evaluate each applicatioh with regard to competing applications, reserved watet Uses. ~ate~ right~, and th~ overall water situation in each hydrologic unit. without such a

ss 4 J

commission o~ Water Resource Mgmt. RE: Comments on ~pplications for Water Use October 21, 1992 Page 2

process, COWRM will not be able to meet Water Code requirements for evaluating competing uses within the fra~ework of ~he "reasonable· and beneficial" standard and other legal1y-imposed cons~raints.

In the case of Pearl Harbor Water Management Area, COWRM has identified a new cushion of water which can be allocated. staff has received over 80 applications for these appro~imately 10 ~gd of allocations. There is no way that the current fits~-come, firstserved processing of applications can equitably res01ve this situation. 1\ finite application period for these allocations should be established, after which all applications received can be comprehensively processed.

We, therefore, state o~r overall objection to current COWRM procedures and policies regarding water use permi~ application processing, in a large part, because they do not yet exist~ W~ reserve the right to submit specific objections to proposed permits at later dates, since at present there is insufficiieht information about the overall context· of such permit.s t.o allow a fair and informed assessment.

NH~C requests that COWRM postpone decision making on all water use permit applications for the above-discus~ed Water Management Areas until after the application period has·· closed ~ and the necessary assessments of water rights and. reserved water uses have been completed. "

Mahalo,

~a~J(C~ >f ~·1CVL-t\ David L. Martin, Vice-President

DLM/DCP: tr

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$ 224

1992 December 1

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NATIVE HAWAItAN ADVISORY COUNCIL A NONm:lfrr CoA'>oP.I.noN'

1068 Bishop Street, Suite 1204, Honolulu; Hawaii 96813 Telephone (808) 523-1445 Facsimile (808) 599-4380'

state of Hawaii commission on Water Resource Management P.o. Box 621 Honolulu, HI 96809

Attn: Rae M. Loui Deputy Director

Re: OBJECTIONS TO WATER USE PERMIT APPLICATIONS ALL GROUND WATER NANA.GEMENT AREA.S STATEWIDE AND RESPONSE TO PUBLIC NOTICES AND TO COYlRM LETTER OF NOVEMBER 17, 1992

Dear 11s. Loui:

In studying Hawaii Administrative Rules (lIAR) Title 13, Chapter 171, we find no exp1ici t or implicit language supporting your, contention that processing water use permits as NI~C previously suggested is inconsistent with these~Ules or woul~ requir~ rUlemaking. We would appreciate some clatification on this point as it seems inconsistent with the fact the Pearl Harbor WMA is now being handled in a manner similar to our suggestions.

Two distinct classes of WMAswill emerge if you proceed on a, firstcome, first-served basis in some WMAs and with a comprehensive management review of all uses and applications in othe~ WMAs. Then the determination of whether competing WUPAs exceed the available supply becomes a second tier of the designation process. NltAc believes such a management regime requires rulemaking. Granting yruPAs on a first-corne, first-served basis will circumvent a humber of the conditions for a Water Use Permit particularly if specific reservations for Hawaiian Homelands beneficiaries are not previously implemented and allocations to county boards of water supply for municipal purposes are not established.

COWRM appears not to be in compliance with l~ rj~171-11(b), which implies that COWRM will determine water supply allocated to the county boards of water supply in each water management area. These gross allocations to the counties, as well as gross reservations to Hawaiian Home Lands (required under Act 325), must be defined prior to any new water use permitting to other parties.,

While NHAC recognizes there is a rule that COWRM act upon permit applica'tions within 90 or 180 days [HAR 13-171-19(c)] we do not see this as a constraint to the approach we are suggesting. COWRM

Wi! $.

records over the last 5.5 deferral of decision making well as categorization of decision making.

years shows tha t "action 11 includes until information needs are met, as. applications to facilitate future

While COy1RM, staff, and the public have participated in discussions about wate'r use permit application processing, there have been no formal declarations of COWRM permit application processing policy. It appears that COWRM staff and Ntt1\C are advocating different interpretations of the Administrative Rules governing the water use permitting process, and that perhaps public hearings are needed to help the Commissioners decide what kind of interpretation. best serves the purposes of the Water Code and the public interest.

Native Hawaiian Advisory council (NHAC) requests COWRM defer decision making on water use permit applicatiohs until the following issues are resolved:

1. Allocation of water to Hawaiian Home~tands.

2. Allocation of water to county municipal purposes.

3. Implementation of water use permit application processing methodologies that avoid the continua~ion of first-come, firstserve permitting. First-come, first-serve water Use permi~ processing contradicts the very heart of the intent of ",ater management area designation. We canhot have comprehensive water resource management without comprehensive evaluation of ~ater use scenarios. .

Sincerely,

/5/

David L. Martin

DLM:cln pc: Water Commissioners

Department of Hawaiian Home Lands county Boards of Water Supply Office of Hawaiian Affairs Ka Lahui Hawai'i Native Hawaiian Legal Corp.

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NATIVE HAWAIIAN ADVISORY CouNctL

1993 June 22

state of Hawaii

A NoNmorn ~1'1OM 1088 Bishop Stroot, Suite 1204, Honolulu, Hawaii 96813

Telephone (808) 523-1445 1= acslmlle (BOa) 599-4380

commission on Water Resource Management P.o. Box 621 Honolulu, HI 96809

OBJECTIONS TO AND COMMENTS ON WATER USE PERMIT APPLICATIONS RESPONS~ TO PUBLIC NOTICES DATED MAY 24 AND JUNE 27; 1993

These objections incorporate our previously sUbmitted generai objections to water use permit application processing (ietters of October 12 & 21 and December 1, 1992). '

We would like to ask if all water use dec1arants, water source registrants, and water use permit applicants in the affected areas have been served direct notice of the pending applications and the deadline for filing objections? Without such notice, these persons cannot be expected to have time1y~" knowledge of pending applications, much less file timely objections. The Water Commission, through its Nakata Subcommittee, has acknowledged this· real i ty and recommended implementation of a process for direct notification of affected parties.

NHAC specifically objects to the permit application filed by Grace Pacific Corp. We contend that USe of 170,000 gpd of potable watet for industrial washing and dust control is not a reasonable aha beneficial use of water, and expect that the applicant wili provide' further information about the availability or nonavai1ability of nonpotable water and/or further details about the necessity of potable water use. We further request that this available water resource be placed in reserve for Hawaiian Horne Lands since no water from this aquifer was ~llocated to DHHL in the Water commission's June 2 reservation decision.

Mahalo,

o<YtWdL·m~TK-David L. Martin, Water Claims Manager

;'. state of Hawaii commission on water Resource Management 1993 June 22 Page 2

pc w/enc: Mahealani Ranch Ellen M. Osborne Thomas N. Matayoshi Honolulu Board of Water Supply The Oceanic Institute Kamehameha Schools Grace-Pacific, Inc. chairperson Hoaliku Drake, DHHL

enc: Letters of october 12 & 21 and December 1, 1992 from NH1\C to COWRM

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NATIVE HAWAIIAN ADVISORY COUNCIL

1993 July 8

A Not~ProAT CorY>oAAOON

1088 Bishop Stroet, Suite 1204, Honolulu, Hawaii 96813 Telephono (808) 523-iMS Facsimile (008) 599-4380

TO: state of Hawaii commission on Water Resource Management

SUBJECT: Comments on Water Use Permit Applications Kawela Plantation Wells (various numbers) Honolulu Board of Water Supply Kuou III Well No.

2348-06 DLNR DOWALD Waiawa 1-6 Wells (various numbers)

and any other water use permit applications with comments due July 8 and 9, 1993.

GENERAL OBJECTIONS

We reiterate our general objections to current COWRM water' use permit application processing and decisionmaking practices as previously submitted on numerous occasions [10/12/92, 10/21/92, 12/1/92, & 6/22/93).

In addition, we are increasingly concerned about the lack of clear guidelines for timing, sequencing, and coordinating coWRM permitting processes with environmentai review proceSses conducted under other authorities (inclUding HRS 343, ,sum Conservation District Use permitting, DOH ,401 and NPDES, and County grading and drainage ordinances). This' is discussed more fully within the context of specific objections to the Kuou Well III application below. .

SPECIFIC OBJECTIONS

1. Kawela Plantation Wells (All)

The permit application information distributed by COWRM for comment· should also include the results of co~t s field verification' of ' declared water uses and should summarize the monthly water Use reports submitted over the last six years for comparison of. existing uses with quantities of water requested.

2. Kawela Plantation Breadfruit Weil No. 0456-04 Kawela Plantation Aq Well No. 0457-04

NHAC objects to the proposed use of potable water for landscape irrigation. Applicant should provide assessmen~s of alternative water source availability and. plans for minimizing landscape irrigation requirements before permit application processirlg proceeds. The "reasonable and beneficial" nature of the proposed

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wa ter uses is suspect until these assessments and plans are reviewed and until the proposed water uses are evaluated within the context of all other existing, planned, proposed, and reserved water uses.

The Ag Well (No. 0457-04) is not listed in the July 14, 1992 COWRM Ground Water Index and Summary, but does appear to be a declared use in COWRM Circular C-123 of September 1992 (listing 5 wells for Kawela Plantation).

When was the declaration of water use filed for Well No. 0457-04? If the declared use began after the implementation of the state Water Code, when were well construction and pump installation permits issued?

3. Honolulu Board of Water Supply Kuou Well j No. 2348-06

NHAC obj ects to further processing of this' permit application until the Environmental Assessment (EA) process for the proposed project is completed. Today is the deadline for submitting comments on the Draft EA (DEA) for the exploratory well, after which the Final EA must be published with a subsequent waiting period of thirty days during which the Final EA may be contested.

BWS states in that DEA that II Production well development will be, subj ect to the environmental review process as stipulated in Chaptere 343, Hawaii Revised Statutes, amd Chapter 200 of the STate Department of Health Regulations. II In response to this, we wrote:

Does BWS intend to prepare another EA for its Production Well at Kuou Well site III? will, this EA address a broad range of environmental impacts stemming from both the general allocation of water to BWS from the Koolaupoko Ground Water Management Area and the specifics of extracting that allocation from the aquifer at the proposed site? since BWS already applied to the Commission on Water Resource Management (COWRM) for a Water Use Permit; ~e objected to that application on the grounds that t.he environmental review process for the allocation has not been completed. We object to this DEA because it fails to address 'the allocation and extraction impacts in the comprehensive manner reqUired t.o inform COWRM water use permit decisionmaking. Also note t.hat. COWRM has recently taken a posit.iort that permit applicat.ions are not complete and cannot be taken Up fot decisionmakihg until environmental review processes are completed.

There is huge confusion and problems with 'the current timihg, sequence, and coordination of environmental revie~ processes for both exploratory and production wells (including HRS 343 processes, Conservation district use permitting, and DOH processes) and COWRM permitting processes (water use, weli construction, and pump installation). The DEAshould exp1ain the BWS view and those of other agencies concerning the timing, sequence, and coordination of these processes. This

as

would prqvide a starting point for working with all parties to integrate the processes for the greatest mutual benefit.

Similarly, we now ask COWRM to explain its view and how it· perceives that of other agencies with regard to these same issues.

NHAC also objects to further processing of this application until water reservations to Hawaiian Home Lands from the designated windward aquifers are completed. We recommend that this application be consolidated with other BWS applications so that the bulk allocation requested by BWS from Koolaupoko and BWS plans for distributing that allocation are more clearly understood.

4. DLNR DOWALD Waiawa Wells 1-6 (All)

NHAC reque·sts additional information and extended review for these proposed uses. We have not yet received the permit applications and other supporting documentation needed t6 sort out the follo~ing issues:

a. COWRM minutes of June 2, 1993 meeting are confusing, and the presently remaining available allocation in the ~7aipahu-Waiawa system is unclear. Allocation of 2.0127 mgd to BWS on behalf of HFDC was approved (page 9). Was the 5.093 mgd allocation to.BWS recommended in the staff submittal (page 4 number 4.) also· approved? If so, does the 5.093 mgd allocation include the 2.0127 for HFDC?

b. We need more information and mote time to research the land ownership and water rights issues raised by the Federal transfer to the state of the Waiawa lands where the proposed sources are located. .

c. We need assurances that DLNR Plans to operate these systems as state water systems and does not plan to dedicate them to BWS.

d. We need to know how DOWALD has responded to COWRM concerns about the specifications for the proposed wells and their potential impact upon aquifer dynamics and existing groundwater uses.

e. we need to know how COWRM plans to integrate environmental review processes under other authorities with its own permitting processes (see above discussion·of Kuou Well III application).

Based on the information now available, NHAC raises the following specific objections to the applications, ~nd reserves the right to file additional specific objections as information becomes available:

a. Many of the state projects listed (Exhibit 6 of COWRM submittal of 6/2/92) propose using potable water for landscape irrigation of public facilities. Applicant should provide assessments of alternative water source availability and plans for

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· e minimizing _landscape irrigation requirements before permit application processing proceeds. The "reasonable and beneficial" nature of the proposed water uses is suspect until these assessments and plans are reviewed and until the proposed water uses are evaluated within the context of all other existing, planned, proposed, and reserved water uses.

b. There may be insufficient available allocation to meet DOWALD's quantity of use requested.

c. DOWALD's requested uses compete with other requested uses, thus it seems that public hearings are required.

d. Most of the state projects listed in the previous COWRM submittal are not listed in the current version of the state water Projects Plan.

ADDITIONAL INFORMATION/EXTENDED REVIEW REQUESTED

NHAC has not yet received copies of the permit applications filed for DLNR DOWALD Waiawa 1-6 Wells. We request that this information be sent and the review period extended so that we can more closely analyze these extremely significant applications.

In our review of the Star-Bulletin for June 18, 1993, we did not find public notice of the Honolulu Board of Water Supply water use permit application for Kuou III in the,. legal notice section or elsewhere. Thus we are unable to ascertain whether or not any other water use permit applications were publicly noticed at that time. If so, we request· that you transmit copies of these applications and extend the associated review period.

a

David L. Martin, Water Claims Manager

pc: Kawela Plantation Homeowner's Association Molokai Working Group for COWRM Honolulu Board of Water Supply DLNR DOWALD Water Commissioners Water Code Review commission and Commissioners Ka Lahui Hawai'i Hawaiian Homes Commission Office of Hawaiian Affairs· Native Hawaiian Legal Corp.

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NATIVE HAWAIIAN ADVISORY COUNCIL

1993 September 3

A NoNPRom Cc:lA>oMT1ON

1088 Bishop Street, Suite 1204, Honolulu, Hawaii 96813 Telephone (808) 523-1445 Facsimile (808) 599-4380

State of Hawaii Commission on water Resource Management P.O. Box 621 Honolulu, HI 96809

OBJECTIONS TO AND COMMENTS ON WATER OSE PERMIT APPLICATIONS (Public notice of July 27, 1993/Comments due September 3, 1993)

GENERAL OBJECTIONS

We reiterate our general objections to current COWRM water use permit application processing and decisionmaking practices as previously submitted on numerous occasions (10/12/92, 10/21/92, 12/1/92, 6/22/93, & 7/8/93).

SPECIFIC OBJECTIONS

NHAC represents water source registrants, water use declarants, water use permit applicants, and others with property interest in land within the hydrologic units of the sources of water supply who would be directly and immediately affected by the proposed water uses.

1. waiahole Irrigation Co, Ltd.

14. POTENTIAL RESTRICTIONS ON WATER USE

The fact that these water uses are " ••• of long standing diversion and use" is irrelevant to the question of water use permitting under designation and to questions of potential restrictions on water use. We have been repeatedly told by the Attorney General that water management area designation creates a "clean slate." As such, from the moment of designation we cannot consider any existing water use to be reasonable and beneficial or in the public interest until such determinations are formally made by the water Commission.

(a) sustainable yield

Using the "clean slate" concept, it cannot be stated that "There should be no additional impact of this water use permit on the sustainable yield ••• " The existing use impacts the sustainable yield of both windward and leeward aquifers. While the hydrogeological boundary conditions of water management area may have

been somewh~ established and defined by the diversion of water from these tunnels, this does not preclude diversion operations and boundary conditions from being changed to better serve the public interest.

(b) Instream Flow Standards

Using the "clean slate" concept, it cannot be stated that "There should be no additional impact of this water use permit on the Instream flow standards ••• " The existing use impacts the flow of both windward and leeward streams. While these diversions and uses may have been considered upon establishment of instream flow standards for the area, this does not preclude diversion operations from being changed to restore streamflows.

(c) Hawaiian Home Lands uses

Because reservations of water to Hawaiian Home Lands from windward aquifers are still pending, the proposed water uses could affect Hawaiian Home Lands use. Permitted use should be restricted to avoid any such effects.

Hawaiian Home Lands also has existing, projected, and potential water needs in leeward O'ahu which could be serviced by the samesources as those supplying applicant's proposed uses. Permitted use should be restricted to avoid-any effects upon Hawaiian Home Lands' ability to access these sources as needed.

(d) Other existing legal uses

The sources of applicant's water uses also supply uses of windward stream water which are protected by the appurtenant and riparian rights of windward lands and by the constitutional rights of Native Hawaiians. Applicant's water uses already affect these existing legal uses. Permitted use should be restricted to end these existing effects and to avoid any such future effects.

(e) Other:

Applicant's water uses are part of a larger system which also uses water sources and transmission facilities on state Lands. When applicant's water licenses for use of these sources and facilities expire, its uses of water under the subject permit applications should be re-examined. Thus any permits issued under these applications should be of limited duration, corresponding to the expiration of affiliated state water licenses.

15. REMARKS, EXPLANATIONS

Applicant's Concluding remarks:

Applicant's statement that "Continued use of this high level water is vital to the economic continuance of Oahu Sugar company--" must be reevaluated in light of the company's recent announcement of the . .. ,

closing of ~ts sugarcane operations. Any water use permit issued under these applications must specify that the permit will expire when plantation operations close.

While the continued diversion of this water may be " ••• essential to the continued beneficial use ••• in Central and Leeward oahu, II.

the necessity of its use for" ••• potential development in Central and Leeward Oahu" does not appear to be the subj ect 0 f these applications for existing water uses, and any such arguments in favor of these applications must be rejected. Any changes in use under water use permits (such as from agricultural use to other "potential development") requires issuance of new water use permits covering the new uses.

2. Kahala Hilton Wells 1646-05 & 06


since one of the wells is for stand-by use only, it seems appropriate that these two applications be covered by a single water use permit for 2.88 mgd.

15. (d) Other existing legal uses affected

Because of their proximity to the shoreline, the operation of these wells may interrupt and otherwise disturb submarine discharges of brackish water which nourish shoreline ecosystems. Any such interruption and disruption affects the receiving waters' use of. the source and Native Hawaiian use of the source, receiving waters, and affiliated ecosystems. Permitted use should be restricted to avoid any such effects.

3. Sea Life Park Wells 1939-01 & 02, 1940-02 & 11

1. (b) LANDOWNER

Ownership of the Sea Life Park site remains questionable. If the site is indeed privately owned or part of the Hawaiian Home Lands trust, the applications are invalid until signed by the rightful landowner.


Because Well 1940-02 is "regulated to standby basis," it seems appropriate that its use be attached to each of the other three

permit applications for 4.32 mgd, rather than being the subject of a separate allocation and permit.

15. (c) Hawaiian Home Land Uses affected

Total extraction from these wells is almost 13 mgd. This implies a correlative wastewater discharge of close to the same amount. It

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-is this waatewater discharge which may affect water sources and water uses on adjacent Hawaiian Home Lands and in affiliated nearshor$ ecosystems. Permitted use should be restricted to avoid any such effects, particularly ecosystem effects which limit the availability of resources critical to traditional and customary Native Hawaiian practices.

15. (3) other:

other restrictions on use include the need for applicant to obtain water licenses from the Board of Land and Natural Resources. The use of 13 mgd of state seawater has great economic benefit to Sea Life Park, and it must pay the state for the privilege of· extracting this economically-valued resource.

4. Honouliuli unit Well 2101-14

LANDOWNER

Land ownership in the West Loch area is disputed.

15. (d) Other existing legal uses affected

Operation of the well may affect·the ability of Native Hawaiians to use the area for traditional and customary purposes. Permi tted use should be restricted to avoid any such effects.

Mahalo


pc: Waiahole Irrigation Co., Ltd. Kahala Hilton Sea Life Park Hawaii u.s. Fish & Wildlife service

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State of Hawaii .• ~", M f ~ ~\ ,": :-: ~ ~-. - . DEPARTMENT OF LAND AND NATURAL RESOURCES \ ' COMMISSION ON WATER RESOURCE ~1i~EMi~ H :lJ

Honolulu, Hawaii

MEMORANDUM

TO: Aquatic Resources

FROM:

-forestIy"'alld"Wildlife" Historic Preservation . /J_ ~ -J-.

bIIltt'''18 .,-~ ~ Natural Area Reserve System Office' of Conservation and Environmental Mairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Directo


Transmitted for your review and comment is a copy of a water use pennit application for Maui Electric for Well No. 0603-07. Public notice of this application will be published in the lionolulu Star Bulletin issues of September 15, 1993 and September 22, 1993.


If you have any questions regarding this application, please contact Roy Hardy at 587-0274 or Lenore Nakama at 587-0218.

LN:ko Attachment(s)

Response: Contact person: :R \!., I .p ~ (" We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Phone: :2..t.,t~" S"aS7-

Date: 10/,/9..3

• • State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

Honolulu, Hawaii

MEMORANDUM

TO: Aquatic Resources -fp~try'a11c.bWil~

Historic Preservation Land Management Natural Area Reserve System

';Offic~;of Conservation and Environmental Affairs. State Parks Water and Land Development Other Interested Parties



Transmitted for your review and comment is a copy of a water use permit application for Maui Electric for Well No. 0603-07. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 15, 1993 and September 22, 1993. I



LN:ko AttachmentCs)

Response: Contact person: _$Jc;.<.I7eJe .......... -<:;.....T~~--r-~~ ____ Phone: 6f57-03~

( ) We have no comments ~ G~et::/-u.eII s;k /5 ~ ~ ( »)He have no objections ~~J/i%\- ,H.~ / ___ , ____ /-' /l.~L , ... L, C~ Comments attached vv'· n II' yt:. c..u~~ '£"v~vr: ( ) Additional information requested ( ) Extended review period requested

Signed: Date: "I( liP"

~ECEl~EOIl~. tC;I~fO otV\S!O'! 'ELl" . _ Dll'l.,:;IO'l.i .. :,.. "uAMA\lE~ n. , . 11" •. il (l~

j. :,Hu '" . State of Hawaii. . ' ... t.: MI\ N~ t; f" .

8 M\ 'g»EPARTMENT OF lAND AND NATURAL~SQJ.JRCES .ME.N? Sfr ~ q7 Commission on Water Resourc:~ Man'l~niUnt 9 55 AH f oJ

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Honolulu, Hawan ~.

AUG 2] 1993

REF:WRM-KY

MEMORANDUM


SUBJECT:

Forestry and Wildlife Historic Preservation

d Management atural Area Reserve System

Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M .. Loui, Deputy DirectF

Request for Comments Water Use Pennit Applicatio Maunawainui Ground Water Management Area. Molokai

Transmitted for your review and comment is a copy of a water use pennit application for Molom Ranch, Ltd. for Well No. 0604-01. Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.

We would appreciate your review of the attached application and please return this form by SqJtember 14. 1993.


LN:ky Attachments

Response: Contact person: ______ _

( "we have no comments ( ) We have no objections ( ) Comments. attached ( ) Additional information requested ( ) Extended review period requested

Signed: t2 ...,,~~ Date: JlYKe 3

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10HNWAIHEE GOVERNOR OF HAWAII

STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

STATE HISTORIC PRESERVATION DIVISION 33 SOUTH KING STREET. 811i FLOOR

HONOWLU. HAWAII 88813

September 22, 1993

OrrR AIRIB. CIIADI'UION BOARD OF LAND AND NATURAL AnOUftCE

DEPUTlE8

JOHN P. KEJIIIB.ER • DONA ... HANAIkE

AOUACULTUM OEVEI.OPMENT fIIIOGIIWoI

AQUATIC AE8OURC£8 CONIERVATIOH AND

EN'JR.)NMENT At. APf-NfItJ CONSERVATION AND

R!8OURCE8 ENfOftCEMENT CONVIVANCE8

fOlIESTRY AND WILDLIFE .. 8TONC PRUERVATIOH

bM8ION LAND MANAGEMENT Sf ATE PAM8 WATER AND LAND OEVEI.OPMENT

MEMORANDUM LOG NO: 9335

TO:

FROM:

Rae M-. Loui, Deputy Director Commission on Water Resource Management

DOC NO: 9309AG29

SUBJECT:

Don Hibbard, Administrator ~ Historic Preserva~io~R..vi:ew of a Water Use Permit 0(.,.0"3-01

Applications for Mo1ok._;r·~nch for Well Nos.-:9iQ4 M', 0605-01 to 03. 0706-_02':~"> Xalamaula, Molokai THE: 5-2-11: 22. 23: 5-1-02: 18

These are existing well facilities, which are currently used for aquaculture projects. Any historic sites that may have been present would have been destroyed during construction work. Therefore, we believe that this application will have no effect on historic sites.

If you have any questions, please contact Annie Griffin at 587-0013.

AG:lll

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LINDA CROCKETT LINGLE Mayor

TELEPHONE 243-7855

OFFICE OF THE MAYOR COUNTY OF MAUl

WAILUKU. MAUl. HAWAII 96793

D J ~\ E P 29 /l 8: U 8

Mr. Keith W. Ahue, Chairperson State of Hawaii

September 24, 1993

Department of Land and Natural Resources Commission on Water Resource Management P. O. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue:

RE: Notices of Application for Water Use Permits

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We have reviewed the following existing uses and have no objections:

NP:jso c:\letter\759

1. Maui Electric for Well No. 0603-06; 2. Maui Electric for Well No. 0603-07; 3. Maui Electric for Well No. 0604-03; 4. Maui Electric for Well No. 0604-04~ 5. Wilma Kamakana Grambusch for Well No. 0352-17; 6. Wilma Kamakana Grambusch for Well Nos. 0352-17, 0456-01 &

17, 18 and 19; and 7. Hawaiian Research, Ltd. for Well No. 0603-01.

Sincerely,

Mayor, County of Maui

Printed on recycled paper ~

State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

Honolulu, Hawaii .. ~~~ MEMORANDUM

SUBJECT:

Aquatic Resources -fo~J:JY'lIl1d!Wndlif~

Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks··· Water and Land Development Other Interested Parties


Request for Comments Water Use Permit Application

TO: d .,,~~ __ AD~INISTRATOR 't:? ~~~ __ A~~ T ADMIN. ~ ..() a ~ -_. nt~. BR. ~? ~ d __ PLANBR. ~ ~~ __ RES. MGT SR. ~ 1'-:. __ PRO). CONTROL '?" cP __ SIN REC. PLAN. .1>~ __ CLERICAL STAFF ...... __ ADMIN. ASS'T. __ ARCHAEOLOGISTS FOR: __ CIRCULATE/POST __ COMMENTS & REC. __ [!tl~F1 REPLY ___ PiJ

Manawainui Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use permit application for Maui Electric for Well No. 0603-07. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 15, 1993 and September 22, 1993.

We would appreciate your review of the attached application and please return this form by October 6. 1923 .

. . ' If you have any questions regarding this application, please contact~9~ Har~at

587-0274 or Lenore Nakama at 587-0218. \~'~':"': ~

LN:ko Attachment(s)

We have no comments We have no objections Comments attached Addition . ormation requested Extended r vie eriod requested

Signed: ----1'-+---=--1,-=::::::......---------

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Date: -I--I---+-...L.--

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Honolulu, Hawaii

MEMORANDUM

TO: Aquatic Resources -0 ~,.,~Arildlif(fto'""OI'eS,o.&.1 ,"'46'4 ':'J:Y. ~_

Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Mairs State Parks Water and Land Development ";Oth!tlnt~tedPatties\


SUBJECT: Request for Comments Water Use Permit Application Manawainui Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use pennit application for Maui Electric for Well No. 0603-07. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 15, 1993 and September 22, 1993.



LN:ko Attachment(s)

Response: Contact person:

~ ( ) ( ) ( )

We have no comments We have no objections Comments attached Additional information requested Extended review period requested

Signed: _.'--,._,.~ ~~-II-_' ~ _______ _

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a

.,.

MEMORANDUM

TO:

FROM:

SUBJECT:

~~;R8Gumes ~

-t.ol'$,t:J:Y'8l1cMWildlit"a... Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties


Request for Comments Water Use Pennit Application Manawainui Ground Water Management Area, Molokai

fi;::CEJV ED

~)dJ 1 7 199]

Transmitted for your review and comment is a copy of a water use permit application for Maui Electric for Well No. 060~7. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 15, 1993· and September 22, 1993. "



LN:ko Attachment(s)


( )

~~ ( ) ( )

We have no comments We have no objections Comments attached Additional information requested Extended review period requested

JOHNWAIHEE GOVERNOR OF HAWAII


RE:WRM-KO JE~~~~~=:RCE MANAGEMENT

SEP 20 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Mrs. Boaliku L. Drake, Director Department of Hawaiian Home Lands

Dr. Jom C. Lewin, M.D., Director Department of Health


Mr. Goro Hokama, Chair Maui County Council

/ Mr. Byron S. Walters, Chair Maui Board of Water Supply

Keith W. Ahue, Chairperson () j V Commission on Water ResouWk\\magement

Water Use Permit Application Manawainui Ground Water Management Area, Molokai

( .. ) (;:' ~~:~;~~ till .. ,.,.

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KEITH W. AHUE CHAIRPERSON


J. DOUGLAS lNG, ESQ. RICHARD H. COX. P.E.

GUY K. FWIMURA


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Attachment(s)

¥

-I ' •

Memorandum to: Mrs. Hoaliku L. Drake Dr. John C. Lewin Mr. Clayton H.W. Hee Mr. Goro Hokama Mr. Byron S. Walters

Page 2 RE: WELL NO. 0603-07

Response: Contact person: ELLEN KRAFTSOW SR. PLANNER

o We have no comments (t.?'We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: CD A DAVID R. CRADDICK, DIRECTOR

SFP "n Iqq~

Phone: 243-7835

Date: II

DEPARTMENT OF WATER SUPPLY, COUNTY OF MAUl

a


Honolulu, Hawaii

MEMORANDUM

TO: Aquatic Resources ~pll$J:I"rancbWndlifl!la..

Historic Preservation Land Management 'Natural Area ReseJ'¥e Syatem c

Office of Conservation and Environmental Affairs State Parks Water and Land Development Othef Interested Parties


SUBJECT: Request for Comments Water"Use Pennit Application Manawainui Ground Water Management Area, Molokai




LN:ko AttachmentCs)

.,

Response: Contact person: --------------------------(v(' We have no comments ( ) We have no objections ( ) Comments attached C ) Additional information requested ( ) Extended review period requested

Signed: ~-4;i.~~~~~::§;_--------

Phone: ..s~ 7-of',

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~ ""'J. f'nr" ur~nr"r U('\'k I.t .~_Ll nr,.\., "'(..

•

State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOU~CE MANAGE~. E I V E C'

Honolulu, Hawan t<: t L" I

MEMORANDUM

TO: Aquatic Resources ~,;ad·WfldUfe Historic Preservation Land Management Natural Area Reserve System

"93 SEP 17 P3 :25

FORESTRY"< WILDLli ~ STATE OF HAVMij

Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties


SUBJECT: Request for Comments Water Use Permit Application Manawainui Ground Water Management Area, Molom

:1:;:;::.:;~:: it Transmitted for your review and comment is a copy of a water use p~ .' II·

application for Maui Electric for Well No. 0603-01. Public notice of this ap _ ·on wiJl-be published in the Honolulu Star Bulletin issues of September 15, 1993 and ~ aa1 1993.



LN:ko Attachment(s)

Response: Contact person: ____________ _ Phone: _______ __

(v{ We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

DOFAW HAS NO COMMENTS OR OBJECTIONS TO THE PROPOSED REQUEST.

Date: __ 1_-_~_()_'_Cf_3 __ _

e

"

" .

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REF:WRM-KO



P.O. BOX 621

HONOlULU, HAWAII 96809

SEP 20 1993

Honorable Linda Crockett Lingle, Mayor County of Maui 200 South High Street Wailuku, HI 96793

Dear Mayor Lingle:

Notice of an Application for a Water Use Permit Manawainui Ground Water Management Area, Molokai



J. DOUGLAS lNG, ESQ. RICHARD H. COX, P.E.

GUY K. FUJIMURA

RAE M. LOUI, P.E. DEPUlY

In accordance with the Department of Land and Natural Resources Administrative Rules, Section 13-171-17(a), we are sending you a copy of the public notice for the water use permit application for Maui Electric for Well No. 0603-07, which will be published in the Honolulu Star Bulletin.

In addition, Section 13-171-13(b) of our Administrative Rules states:

lWithin sixty days after receipt of notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with the county land use plans and policies."

We have attached a copy of the application for your review and would appreciate receiving your comments, within the next sixty (60) days, on whether this water use is consistent with county plans and policies.

Very truly yours,

tl~lr~ KEITH W. AHUE

Ene.




513(



P.O. BOX 621


GUY K. FWIMURA

RAE M. LOUI, P.E.

RE:WRM-KO HONOlULU. HAWAII 06809

SEP 20 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Mrs. Hoaliku L. Drake, Director Department of Hawaiian Horne Lands


Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Mairs

Mr. Goro Hokarna, Chair MatH County Council

Mr. Byron S. Walters, Chair Maui Board of Water Supply

Keith W. Ahue, Chairperson () • V Commission on Water Reso~~agement

Water Use Pennit Application Manawainui Ground Water Management Area, Molokai

DEPUTY




AttachrnentCs)

-Memorandum to:

Mrs. Hoaliku L. Drake Dr. John C. Lewin Mr. Clayton H.W. Hee Mr~ Goro Hokama Mr. Byron S. Walters

Page 2

Response: Contact person: ___________ _


Signed: ______________ _

SFP ') ("l Iqq~

Phone: ________ _

Date:

• -' t • • • State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES Commission on Water Resource Management I (ti''j

Honolulu, Hawaii q rr ~l-

AUG 2( 1983

REF:WRM-KY

MEMORANDUM

TO: Aquatic Resources Forestry and Wildlife Historic Preservation Land Management

FROM:

SUBJECT:

Natural Area Reserve System ~ffice of Conservation and Environmental Affairs

State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Direct~ Request for Comments Water Use Permit App1icatio Maunawainui Ground Water Management Area. Molokai

Transmitted for your review and comment is a copy of a water use permit application for Molom Ranch, Ltd. for Well No. 0604-01. Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.

We would appreciate your review of the attached application and please return this form by Sej>tember 14. 1993.

r"·,:: .. .. , ...... ,\

..


LN:ky Attachments

Response: I

Contactpersbn: 2~~ Phone: ~7-038S'

!n

1"11 '~::J

() We have no comments Tk.sdj~dwe.JI'~!J!!f I&culed wla .. J-,

() We have no objections tC,nGen/lIl~ 'o/s~/cf. or Comments attached ( ) Additional information requested ( ) E view period requested

~f:JJ Date:~

-

JOHNWAIHEE __ OF .........

STATE OF HAWAII

o



Mr. Mike Ribao Maui Electric P.O. Box 378 Kaunakakai, HI 96748

Dear Mr. Ribao:

P.O. SOX 621

HONOLULU. HAWAlIII680Il .

SEP 1 -:( 1993

KEITH W. AHUE

JOHN C. LEWIN. M.D. ROBERT S. NAKATA

J. DOUGLAS lNG, ESQ. RICHARD H. COX. P.E.

GUY K. FUJIMURA

RAE M. LOUI. P.E.

DE""'"

Enclosed is a copy of the public notice for your water use permit applications for Well Nos. 0603-06 &: 07, and 0604-03 to 05, which will be published in the Honolulu Star Bulletin issues of September 15, 1993 and September 22, 1993.

Please be aware that there may be objections to your application. If objections are made, the objector is required to file such objections with the Commission and is also required to send you a copy of the objections.

You, or any other party, may respond to objections by filing a brief in support of your application with the Commission within ten (10) days of the filing of an objection. You, or the other party, must also send a copy of the response to the objector.

If you have any questions, please contact Roy Hardy at 587-0274 or Lenore Nakama at 587-0218.

LN:ko Encl.

Sincerely,

RAE M. LOUI . Deputy Director

PUBUCNOTICE

Applications for Water Use Permits Ground Water Management Areas

Applications for the following water use permits have been received and are hereby made public, in accordance with Depamnent of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas."

Kahananui wen (Wen No. 0352-17) Applicant: Wilma Kamabna Grambusch

P.O. 80%614 Katmabbi. fa 96748

Date Completed Application Received: August 19, 1993 Aguifer: UaJapue System, Southeast Sector, Molom Well Sowce: Kahananui Well, Well No. 0352-17, Kahananui Ahupuaa, Molobi at Tax Map Key: 5-6-6:14 Quantity Requested: 8,800 gallons per day Existing Water Use: IIrlption of 2 acres of coffee trees and domesti&: service to 4 residenc:~ Place of Water Use: Kahananui Ahupuaa, UaJapue, Molom at Tax Map Key: 5--6-6:14 &: 15

Kaio Artesian wen (WeB No. 3956-(7) Applicant: Jacob L Kaio, Sr.

1519 Nehoa St. Apt. 105 Honolulu, fa 96822

Date Completed Almlication Received: August 17, 1993 Agwer: ICoolauloa System, Wmdwud Sector, Oahu Well Source: Kaio Artesian WeD, Well No. 3956-07, Lot 40 AW 3773:2, Oahu at Tax Map Key: 5-5-8:40 Quantity Requested: 20,000 gallons per day Existing/New Water Use: IIrlption of 3 acres of taro, flowers, aDd various vegetables Place of Water Use: Lots 2, 9, • 40 AW 3773:2, at Tax Map Key: 5-5-8:40, 2, • 9

Umipaa WeB (WeD No. 0603-(1) Applicant: Hawaiian Resean:h Ltd.

P.O. Box 40 fCa1mabJari, to 96748

Date ComRlcted AvpUcation Received: May II, 1993 Aquifer: ......mui System, Central Sector, Molom Well Some: tJmipa Well, Well No. 0603-01, KalamauJa, Molobi, at Tax Map Key: 5-2-11:28 Quantity Requested: 11,000 gallons per day Existing Water Use: IIrlption Of 2S acres of com and sorghum . Place of Water Use: KalamauJa, MoJokai. at Tax Map Key: 5-2-11:28, 10, .33

(more)

Caldeira wen (Wen No. 3855-11) Applicant: Raymond Caldeira

P.O. Box 262 Kahuku, HI 96731

Date Completed Application Received: July 9, 1993 Aquifer: ICooJauloa System, W"mdward Sector, Oahu Well Sowe: Caldeira Well, Well No. 3855-11, 55-238-0 (Camebameba Hwy, Oahu at Tax Map Key: 5-5-1:60 Ouantity ReQ.uested: 58,000 gallons per day Existing Water Use: Irription of 1.2 acres of various crops and livestock operations Place of Water Use: 55-238-D Kmebameba Hwy at Tax Map Key: 5-5-1:60

Pacific Sea 4 Wen (Wen No. 4258-(9) Applicant:' CampbeD Estate

10011Camokila Blvd. Kapolei, HI 96707

Date Completed Application Received: JUDe 23, 1993 Aguifer: ICooJau1oa System, W"mdward Sector, Oahu Well Some: Pacifk Sea 4 Well, Well No. 4258-09, Kahuku, Oahu at Tax Map Key: 5-6-3:26 Quantity Requested: 2,000,000 gallons per day New Water Use: Shrimp aqu.acuInue Place of Water Use: Kahuku at Tax Map Key: 5-6-3

Naiwa Dug WeB (WeB No. 0603-(1) AWlicant: Maui E1ectrk

P.O. Box 378 ICaUDBkabj, HI 96748

Date Completed Application Received: July 16, 1993 Aguifer: MaDawainui System, CeDttal Sector, Molokai Well Sowce: Naiwa Dug Well, Well No. 0603-01, ICaluaapubi Pisbpond, Malokai at Tax Map Key: 5-2-11:23 Quantity Requested: 1,000 gallons per day Existing Water Use: Pile pIQtedion QStem testing Place of Water Use: ICaluaapubi &shpcmd at Tax Map Key: 5-2-11:31

Naiwa MEa> 0peDpk (Well No. 0604-(3) Applicant: Maui E1ecttic

P.O. Boz318 I('a1mabbi HI 96148 •

Date Completed AImlication Rcceiyed: July 16, 1993 Agyifer: MaDawainui System, Ce.attal Sector, MoJobi WcU Some: Naiwa MECO 0peDpk Well, Well No. 0604-03, MECO PaJaau Power plant, MoJokai at Tax Map Key: 5-2-11:36 Ouantity Requested: 150 gallons per day Existing Water Use: Fire protecdoD Place otWater Use: MECO PaJaau Power PlaDt at Tax Map Key: 5-2-11:36

(more)

t!& as, :

Naiwa-MECO hr. #1 (WeD No. 0604-(4) Applicant: Maui EIec:aic

P.o. Box 378 KmmaJrakai, HI 96748

DAte Completed ApplicAtion Received: July 16, 1993 Aquifer: MaDawainui System, Ceatral Sector, Molokai Well Soms:: Naiwa-MECO 1Ir. #1 Well, Well No. 0604-04, MEeO Palaau Power Plant, Molobi at Tax Map Key: 5-2-11:31 Quantity Reg»ated: 2,500 gallons per day ExistinglNew Wats:r Use: Irrigation of 10 acres of Jandscape Place of Water Use: MECO PaIaau Power Plant at Tax Map Key: 5-2-11:31

Naiwa MECO IIr #2 (WeD No. 0603-(6) Applicant: Maui Electric

P.O. Boz378 Ksnnabbi, HI 96748

Qa" CoDmkted Application Received: July 16, 1993 AQuifer: MaDawainui System, Qmtral Sector, Mololrai Well Sowcs:: Naiwa MECO fir #2 Well, Well No. 0603-06, MECO PaJaau Power PJant, Mololrai at Tax Map Key: 5-2-11:31 Ouantity ReQu§ted: 2,500 gallons per day ExistjngJNew Water Uss:: Irription of 10 acres of landscape Place of Wats:r Use: MECO PaIaau Power Plant at Tax Map Key: 5-2-11:31

Naiwa MECO CooHng wen (WeD No. 0604-(5) Applicant: Maui RJectric:

P.o. Boz378 KannakaJraj,HI 96748

Date Completed Application Received: July 16, 1993 Aquifer: Mauawainui System, CeDttal Sector, Molokai Well Source: Naiwa MECO Cooliq Well, Well No. 0604-05, MECO PaJaau Power Plant, Molokai at Tax Map Key: 5-2-11:31 Quantity Requested: 350,000 gallons per day New Water Use: IDdustrlal c:noHns amd fire protection Place of Water Use: MECO Palau Power plant at Tax Map Key: 5-2-11:31

RL Mmqoil&, WeD (WeD No. 2751..()8) Applicant: Ruby MontaomaY

47-4T1 Waibee Place fCaneohe. HI 96744

Date Completed Application Rcceiyed: July 9, 1993 Agwer: ICoolaupoko System, WiDdwaId Sector, Oahu Wen Sowce: RL MolJt8OlDelJ Well, Well No. 2751..()8, 47-4T1 Waibee Place, Oahu at Tax Map Key: 4-7~:1 Ouantity Requested: 2,000 pJlons per day Existing water Use: Domesdc savb to 2 JeSideDces, livestock operations, and irrigation of 12 acres of varlous fruiIs ad ftlelables Place of Water Use: 41--4" Waibee PIaa! at Tax Map Key: 4-7~:1

(JDOJe)

£.3 t'"

HI State Hosp/416 WeB (WeB No. 2448-(1) Applicant: Hawaii State Hospital

45-710 Keaaba)a Road Kaneohe, HI 96744

Date Completed Application Received: August 9, 1993 Aquifer: KooJaupoko System., Wmdward Sector, Oahu Well Source: HI State Hosp/416 Well, Well No. 2448-01, 45-710 Keaaba)a Road, Oahu at Tax Map Key: 4-5-23:2 Quantity Reqyested: 250,000 gallons per day Existing Water Use: Domestic coDSUDlption and irrlgation of a 2,280 sq. ft. nmsery Place of Water Use: Hawaii State Hospital at Tax Map Key 4-5-23:2

Geiger Park WeB (WeB No. 2001-04) Applicant: Gentry DeftJopment Co.

P.O. Boz295 Honolulu, to 96809

Date Completed Application Received: July 23, 1993 AgWer: Ewa Capmck System, Pearl Harbor Sector, Oahu Well Source: Geiger Park Well, Well No. 2001-04, Ewa By Gentry Development, Oahu at Tax Map Key: 9-1-61:7 Quantity Rea.uested: 40,000 gallons per day : New Water Use: Irrigation of 13 acres of lawn and landscape place of Water Use: Ewa By Gentry DeftJopment at Tax Map Key: 9-1-61:7 .41 to SO

Mokuleia weD (WeD No. 3309-(2) Applkam: State of Hawaii

Dept. of Laud aDd Natural Resources, Division of Water and LaDd Development 1151 PuIM:hbowl ST. Honolulu, to 96813

Date Completed Application Received: August 13, 1993 Aquifer: Mokuleia System, North Sector, Oahu Well Source: MokuJeia Well, Well No. 3309-02, M01tuleia, Oahu at Tax Map Key: 6-8-7:1 Ouantity Requested: 0 plloDS per day New Water Use: Exploratory purposes only Place of Water Use: MoJndeia aploratory weD site

Soh WeD (Well No. 3655-(4) Applicant: Wmm Soh

P.o. Box86S Kahuku, HI 96731

pate Completed APPlication Receiyed: July 14, 1993 AQuifer: KooJauloa System, WiDdwaJd Sector, Oahu Well Source: Soh WeD. Well No. 3655-04,53-120 HaJai St. Hauula, Oahu at Tax Map Key: 5-3-15:18 Quantity Reqyested: 500,000 gallons per day New Water Use: IIrlprion of 1 am! of taro, maugo aDd banama trees Place of Water Use: 53-120 HaJai St., Hauula, Oahu, Makao Valley at Tax Map Key: 5-3-15:18

(more)

$

W~PuDaluu Well (Well No. 3453-(8) Applicant: Billy aDd Kanan; Casey

53-416 G. [{am Hwy. Hauula. HI 96717

Date Completed Application Received: July 15, 1993 Aquifer: ICoolauloa System, W"mdward Sector, Oahu Well Source: Waiono-PuDaluu Well, Well No. 3453-08, 53-416 G. Kam Hwy, Oahu at Tax Map Key: 5-3-5:11 Ouantity Requested: 3,000 gallons per day Existing Water Use: Domestic service to 1 residence and inigation of 1 acre of banana and papaya trees Place ot Water Use: 53-416 G. [{am Hwy at Tax Map Key: 5-3-5:11

Quany WeD D (WeD No. 3856-04) Applicant: Zions Securities Corp.

55-510 JCamebameba Hwy Laie, HI 96762

Date Completed Application Received: JUDe 23, 1993 Agwer: KooJauloa System, W"mdward Sector, Oahu Well Source: Quarry WeD D, Well No. 3856-04, J..aje Qwmy, Oahu at Tax Map Key: 5-5-6:1 QuantitY Requested: 334,000 gallons per day Existing Water Use: Irrigation of 51 acres of banana and papaya trees and grass Pias;e otWater Use: Bebind BYUH campus at Tax Map Key: 5-5-6:1

Laie MaIoo WeB (WeD No. 3755-04) Applicant: Zions Securities Corp.

55-510 fCamebameba Hwy Laie, HI 96762

Date Completed Application Receiyed: JUDe 23, 1993 Aquifer: Koo1au1oa System, Wmdward Sector, Oahu Well Source: Laie Ma100 Well, Well No. 3755-04, Mauka of JCamebameba Hwy, Oahu at Tax Map Key: 5-5-6:11 Ouantity ReqYested: 5,000 gallons per day Existing Water Use: Supply for livestock (1 horse) Place of Water Use: Maub of Kam Hwy in Laie at Tax Map Key: 5-5-6:11

Pump 15 (WeD No. 4157-(4) Applicant: campbeD. Estate

1001 KamoJdla Blvd. ICapo1ei. HI 96101

Date Completed ApplicatioD Receiyed: July 16, 1993 Aquifer: Koo1auJoa System, Wmdwud Sector, Oahu Well Source: Pump 15, Well No. 4151-04, Kahuku, Oahu at Tax Map Key: 5-6-2:1 OuantitY ReQ.uested: 1,530,000 gallons per day . Existig Water Use: Servke to 6 mffitmy of&es aDd 23 acres of aquacultural operat1Ons Place of Water Use: Kahuku aDd ICab.uka Army Tnrinins Atea at Tax Map Key: 5-6-2:1, 21, • 26

(mme)

Kawaibapai WeD (WeD No. 3309-(1) Applicant: State of Hawaii

Dept. of Land and Natural Resourees, Division of Water and Land Development 1151 Punchbowl St. Honolulu, HI 96813

Date Completed Application Received: August 13, 1993 Aquifer: Mokuleia System, North Sector. Oahu Well Source: Ka.waihapai Well, Well No. 3309-01. Mokuleia, Oahu at Tax Map Key: &-8-7:1 Quantity Requested: 0 gallons per day New Water Use: Exploratory Purposes Only Place of Water Use: Ka.waihapai exploratory weB site

Kapaka Par.m WeDs (Well Nos. 3554-01 • 02 and 3654-(3) Applicant: Zions Securities Corp.


Date Completed Application Receiyed: June 23, 1993 Aquifer: ICooIauJoa System, W"mdwanf Sector, Oahu Well Source: ICapaka Par.m Wells, Well Nos. 3554-01 • 02 and 3654-03, near Kaluanui Stream, Oahu at Tax Map Key: 5-3-12:1 Quantity Reqyested: 324,000 gallons per day Existing Water Use: IIrlgation of 33 acres of banana and papaya trees and various other crops Place of Water Use: Near Kaluanui Stream maub oflCam Hwy at Tax Map Key: 5-3-12:1

Prawn Par.m Well (Well No. 38S(H)7) Applicant: Zions Securities Corp.


Date Completed Application Rcs:eiYed: June 23, 1993 Aquifer: ICoolauloa System, Wmdwanf Sector. Oahu Well Source: Prawn Par.m Well, Well No. 38S(H)7. along Poobaili Street, Oahu at Tax Map Key: 5-5-5:1 Quantitv Reqyested: 475,000 gallons per day Existing Water USC: Se:rvbl103-acre prawn farm Place of Water Use: WiDdwan:l Oahu at Tax Map Key: 5-5-5:1 • 23 and 5-5-8

E8I P8IlIl Wei (WeD No. 3956-05) Applicant: ZiaDI Securides Corp.

SS-S10 JCamebameba Hwy Laie, HI 96762

Date Completed Application Received: JUDe 23, 1993 Aquifer: ICoolauJoa System, WiDdwud Sector, Oahu Well Source: Egg FanD Well, Well No. 3956-0S, a10na PoohaDi Stteet, oahu at Tax Map Key: 5-5-8:SS Ouantity Requested: 62,000 gallons per day Existig Water Use: Servke to chickeg aDd eg faJm Place of Water Use: AJoas PoolwiH Sbeet at Tax Map Key: 5-5-8:51

(more)

WeJfare Pann WeD (WeD No. 385541) Applicant: Zions Securities Corp.

55-510 Kamebameha Hwy Laie, HI 96762

Date Completed Application Received: June 23, 1993 Aquifer: ICooJauloa System, W'mdward Sector, Oahu Well Source: WeJ!are Parm Well, Well No. 38S541, mauka of Kam Hwy, Laie, Oahu at Tax Map Key: 5-5-6:1 Quantity Requested: 128,000 gallons per day Existing Water Use: Irript:ion of 39 acres of banana and papaya trees and grass Place of Water Use: MauD of Kam. Hwy, Laie at Tax Map Key: 5-5-6:1

Truck Farm weD (WeD No. 3755-(6) APJ)licant: . Zions Securities Corp.

5S-510 fCamebameha Hwy Laie, HI 96762

Date Com1)leted APJ)lication Receiyed: June 23, 1993 Aquifer: KooJauJoa System, W'mdward Sector, Oahu Well Source: Truck Farm Well, Well No. 3755-06, mauD of Kam Hwy, Laie, Oahu at Tax . Map Key: 5-5-6:1 Quantity Reqyested: 167,000 gallons per day Existing Water Use: Irription of 51 acres of grass Place of Water Use: MauD of Kam. Hwy in Laie at Tax Map Key: 5-5-6:1

WM JCmnabna Kawela (WeD Nos. 0456-01 It 17) Applicant: Wilma JCamabna Grambusch

P.O. Boz614 Kawmakabi, HI 96748

Date Completed Application Received: August 19, 1993 Agyifer: KaweIa System, Southeast Sector, Molom Well Source: WM J(amakmp ICaweJa Well, Well Nos. 0456-01 It 17, Kam V Hwy, Kawela, Molobi at Tax Map Key: 5-4-1:29 Quantity Requested: 52,SOO gallons per day Existing Water Use: JrriprioD of 9 acres of various crops Place of Water Use: ICam V Hwy, 1CaweJa, Molom at Tax Map Key: 5-4-1:29

Soda Creek m (Well No. 2001~5) Applicant: GeuIIy Development Co.

P.O. Bos295 Houolulu, HI 96809

pate Completed Appliation Received: July 23, 1993 Aguifer: Ewa Caprock System, Pearl Harbor Sector, Oahu Well Source: Soda Cleek m Well, Well No. 2001-05, Ewa by Gentry DeftJopmeot, Oahu at Tax Map Key: 9-1-70:132 Ouantity ReqYested: 20,000 gallons per day New Water Use: IDiption for 6.67 acres of lawn aud landscape Place of Water Use: Ewa by Gentry Development at Tax Map Key: 9-1-70

(mon!)

£

{(amalrana ICaJrabaia wen (Wen No. 0456-18) Applicant: WDma J(amakana Grambusch

P.O. Box 614 Kaunakakai, HI 96748

Date Completed Application Received: August 19, 1993 AQuifer: KaweJa System, Southeast Sector, Molobi Well Source: {(amakana KahNja Well, Well No. 0456-18, Kam V Hwy, Kawe1a, Molokai at Tax Map Key: 5-4-1:18 Quantity Requested: 2,355 gallons per day ExistinrJNew Water Use: IDipdon of 0.78 acres of banana Place of Water Use: Kam V Hwy., KaweJa, Molobi at Tax Map Key: 5+1:12 &: 8 and 5-5-1:18

WM. ICamabna #2 wen (WeD No. 0456-19) Applicant: Wilma ICamakana Grambusch

P.o. Boz 614 Kavnakakai. HI 96748

Date Completed AppijcatioD Received: August 19, 1993 Aquifer: lCaweJa System, Southeast Sector, Molobi . Well Source: WM. l(amabna #2 Well, Well No. 0456-19, Kam V Hwy, ICaweJa, Molokai at Tax Map Key: 5-4-1:2 Quantity Requested: 90,000 gallons per day Exjstina Water Use: Aquaeulture operatioDs for 2.5 acres of Iimu and awa Place of Water Use: ((am V Hwy, KaweJa at Tax Map Key: 5-4-1:2

Written objections or comments on the applications for water use permits may be filed by any person who has property interest in any land within the hydrologic unit of the source of water supply, any person who will be directly and immediately affected by the proposed water use, or any other interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; and (3) state all grounds for objections to the proposed permits. Send written objections by October 6, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809, and 2) a copy of the objection letter(s) to the applicant at the above address.

Dated:


n~k,~.~ KEITH W. AliVE Chairperson

Publish in: Honolulu Star Bulletin issues of September IS, 1993 aad September 22, 1993


Honolulu, Hawaii

SEP 17 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for Comments Water Use Permit Application Manawainui Ground Water Management Area. MolQkai




LN:ko Attachment(s)

Response: Contact person: _____________ Phone: _____ _

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended revieW period requested

Signed: __________________ _ Date: ____ ~ __

----------------~----------------------------------... --,q.----

ADDITIONAL STANDARD CORRESPONDENCE

Mr. David Martin Native Hawaiian Advisory Council 1088 Bishop St., Suite 1204 Honolulu, Hawaii 96813

IF NOT APPLICANT Mr. David Craddick, Director Maui Department of Water Supply 200 South High St. Wailuku, HI 96793

o INTERESTED OTIlERS LIST

Mr. Brian Miskae County of Maui Department of Plaming 200 South High Street Wailuku, Hawaii 96793

o State of Hawaii


Honolulu, Hawail

MEMORANDUM

TO: Aquatic Resources -·Forestrycmd-Wildlife~

Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Envirorunental Affairs State Parks Water and Land Development Other Interested Parties


SUBJECT: Request for Conunents Water Use Permit Application Manawainui Ground Water Management Area, Molokai

Transmitted for your review and conunent is a copy of a water use pennit application for Maui Electric for Well No. 0603-07. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 15, 1993' and September 22, 1993. .

We would appreciate your review of the attached application arid please return this form by October 6. 1993.


LN:ko Attaclunent(s)


( ) We have no conunents ( ) We have no objections l ) Comments attached ( ) Additional infonnation requested ( ) Extended review period requested

Signed: ___________________ _

Phone: _________ _

Date: ______ _



Mr. Brion Miskae County of Maui Department of Planning 200 South High Street ~ailuku, Hawaii 96793

IF NOT APPLICANT Mr. David Craddick, Director Maui Department of ~ater Supply 200 South High St. ~ailuku, HI 96793

o INTERESTED OTHERS LIST

• • State of Hawaii


Honolulu, Hawaii

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Mairs State Parks Water and Land Development Other Interested Parties

Rae M. LoW, Deputy Directo

Request for Comments Water Use Permit Application Manawainui Ground Water Management Area, Molokai


We would appreciate your review of the attached application and. please return this form by October 6. 1293.


LN:ko Attachment(s)

Response: Contact person: _____________ Phone: _____ _


Signed: _______________ _ Date: __ ......-__ _

....

ADDITIONAL STANDARD .CORRESPONDENCE

Mr. David Martin Native Hawaiian Advisory Council 1088 Bishop St., Suite 1204 Honolulu,. Hawai i 96813

Mr. Brian Miskae County of Maui Department of Planning 200 South High Street Wailuku, Hawaii 96793


-

INTERESTED OTHERS LIST

/'

State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANGEMENT

Honolulu, Hawaii

SEP 111& MEMORANPUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestty' and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties


Request for Comments Water Use Permit·Application Manawainui Ground Water Management Area, Molokai


We would appreciate your review of the attached application and please return this form 1w October 6. 1993.


LN:ko Attachment(s) .

Response: Contact person: ____________ _


Signed: ________________ _

Phone: ________ _

Date: _____ _


Mr. David Martin Native Hawaiian Advisory COU'lCil 1088 Bishop St., Suite 1204 Honolulu, Hawaii 96813

Mr. Brian Miskae COU"Ity of Maui Department of Planning 200 South High Street Wailuku, Hawaii 96793


INTERESTED OTHERS UST


Honolulu, Hawaii

SEP 17 1&

MEMORANDUM

TO: Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties J2. _. .,J

Rae M. LoW, Deputy Director~O ~ FROM:

SUBJECf: Request for Comments 1 Water Use permit Application Manawainui Ground Water Management Area, Molokai




LN:ko Attachment (5)

Response: Contact person: ____________ _


Signed: ________________ _

Phone: ______ _

Date: ______ _



Mr. Brian Miska. County of Mauf Department of Planning 200 South High Street Wailuku, Hawaif 96793

IF NOT APPLICANT Mr. David Craddick, Director Mauf Department of Water Supply 200 South High St. Wailuku, HI 96793

o INTERESTED OTHERS UST

· -"

1993 September 15

NATIVE HAWAIIAN ADVISORY COUNCIL A NoNPRoFIT CtwcMTION

1088 Bishop Street, Suite 1204, Honolulu, Hawaii 96813 Telephone (808) 523-1445 Facsimile (808) 589 4380

TESTIMONY TO THE STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT

ITEM 3 Sea Life Park Wells

Background

The submittal mistakenly states that "no specific objections were filed." In fact, NHAC filed specific written objections to the application on September 3, 1993 (copy attached), focussing on issues of permit consolidation, wastewater, and water licensing.

Analysis & Issues

The submittal again mistakenly states that "no specific objections to this application have been submitted to the Commission."

Recommendation:

No action should be taken until applicant and the Commission respond to the specific objections filed by NHAC.

The recommendation should also include permitting of Well A as a back-up source.

NHAC would like to see the Commission suggest to BLNR and Land Management Division that water licenses are required for the proposed type of water use, since such uses have quantifiable economic value that can be shared with the State.

Public Notice

The submittal mistakenly states that "written comments and obj ections to the proposed permit were to be submi tted to the Commission by September 2, 1993." The public notice requires that persons "Send written objections by September 3, 1993 ... "

Objections/comments

This section of the submittal omits NHAC's specific objections sent to the Commission on September 3, 1993.

ITEM 5 Wahikuli Irrigation Well

Well Location

The proposed well seems very close to an unlabelled intermittent stream. Is there any possible connection between streamflow and aquifer dynamics in this area?

Analysis:

In non-designated areas, pump installation permitting is the one of 'the few controls available to the Commission for preventing harm to the resource from occurring. Issuance of a pump installation permit prior to pump testing seems to be a dangerous precedent which limits the Commission's options for proactive water management.

water Availability.

What is existing use from the Honokowai System?

RECOMMENDATION:

If the Commission decides to issue the pump installation permit prior to pump testing under the proposed conditions, condition 2. should be amended to require the matter to be brought back to the entire Commission for decisionmaking if the pump test results reveal any potential problems with .the 200 gpm capacity pump that would suggest installation of a smaller pump to better protect the resource.

ITEM 6 Kalaeloa Wells l~o'S. \0- ,1.-

Analysis:

The submittal fails to mention if construction of the new wells has been completed and to analyze any pump test results. It seems that in this case the water use permit should not be amended until these activities are completed.

If the three new wells are to " •.. take the place of the existing six wells for operational efficiency, II will the old wells be abandoned or maintained for system back-up? If they are not going to be maintained, they should be deleted from the amended water use permit and abandoned in accordance with Water Code requirements.

ITEM 7 Hawaiian Research Dug Wells

Analysis & Issues

O<l) \ -0,"", D~l> \ - 0 \ )

The submittal states that " ••• additional adverse impacts on other local wells, streams, and the Kamililoa aquifer system are not anticipated." Does this imply that identifiable adverse impacts already exist? If so, what are they? What baseline data exist to support the implication that six years of existing use leads to a conclusion that additio~al adverse impacts are not anticipated?

If " .•. data were only provided for the seven-month period from November 30, 1991 through June 30, 1992," does this mean that data were recorded for other periods but were not provided by the applicant? If so, these data should be obtained and incorporated in the analysis before recommendations for decisionmaking are submitted.

RECOMMENDATION

NHAC concurs with the recommendation to defer action until reservation of water for Hawaiian Home Lands is set by rule. we also suggest that action be further deferred until bulk allocation to the Maui Department of Water Supply is set by the Commission.


Nearby Surrounding Wells and Other Registered Ground Water Use

Identification, assessment, and evaluation of nearby surrounding streams, springs, seeps, pond, and other registered surface water use should also be required at this level of review.

ITEM 8

1. David W. curtis

The presence of six wells immediately downgradient of the applicant's source which may be' affected and the present lack of objections to the application emphasizes the need for the Commission to provide direct notice of proposed actions in designated water management areas to those who have already declared or are otherwise known to have interests that may be affected. If the Commission can readily identify these six wells, it can certainly mail notice of the permit applications directly to their owners and operators.

3. Kawe1a Plantation

Owners and operators of other downgradient wells should be served direct notice of the permit application and objections filed to date.

4. John.m. Iaea. Jr.

Owners and operators of the wells immediately downgradient of the applicant's source which may be affected should be served direct notice of the permit application and be afforded additional opportunity to file their objections.

ITEM 9

NHAC would like the record to reflect DHHL' s continuing and increasing reliance upon the principle that their right of first call will be effectuated with a sense of immediacy. In addition to constitutional and statutory language DHHL's reliance may also rest in large part upon statements of Deputy Attorney General Tam that reflect both recognition of the primacy of DHHL's water rights and the attendant potential state liability to other private parties who may be required to cut back should exercise of DHHL's first call adversely affect them.

ITEM 10 Manawainui Ground water Management Area

Oral testimony may be presented~

OLO~ ... o1-1 o}."~-l:>\ ~03

b 1-" c.. 1)"2..

ITEM 11 Ualapue Ground water Management Area b-;~l- '1'2. o~~ -0 \ o4{"c.t~~ 0 \ '" \

Analysis & Issues

1 & 2. The ongoing establishment of existing uses in an aquifer system should not of itself be a deterrent to restoring currently unused water sources to their previous uses. What "more definite plan for use" does the Commission propose beyond the statement that. agricultural irrigation will take place? without the permit, the applicant is prevented from showing his ability to implement the proposed plan. Perhaps a better solution is to issue an interim permit pending resolution of other allocations issues and applicant's demonstration of his ability to actually use the requested allocation.

3. The submittal fails to mention the specific objections to this permit application filed by the NHAC. We understand that Maui DWS is currently preparing a response to our objections, and ask that the Commission defer action on this item until both the objections and response are available to the Commissioners.

ITEM 13 Department of Agriculture Waikolu Wells Z>1~~-o\ ~ CA.

Analysis & Issues

The submittal should also note that specific objections to the application were sent on time by NHAC (copy attached), further

J '

supporting the staff's recommendation that public hearings be initiated prior to decisionmaking.

Mahalo,


Att.

ROLL CALL:

MINUTES

FOR THE MEETING OF THE COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: TIME: PlACE:

September 15, 1993 1:30 p.m. Mitchell Pauole Community Center Conference Room Kaunakakai, Molokai, Hawaii

Chairperson Ahue called the meeting of the ComIilission on Water Resource Management to order at 1:47 p.m.

The following were in attendance:

MEMBERS: Mr. Keith Ahue Mr. Richard Cox Mr. Guy Fujimura Dr. John L Lewin Mr. Robert Nakata

EXCUSED: Mr. J. Douglas Ing

STAFF: Ms. Rae Loui Mr. Edwin Sakoda Mr. Roy Hardy Ms. Lyann Mizuno Ms. Lenore Nakama Ms. Sharon Kokubun

COUNSEL: Mr. William Tam

OTHERS:

Dan Kuhn Wilma Grambusch Mike Foulkes Edwin Miranda Paul Matsuo Robert Granger Charley Ice Gene Ferguson Rick Ten Cate Duane Cranney June Kapuni-Dearson Joseph Wampler Daniel Bennet Kelii Mawae Neal Wu

Tom Hill Judy Caparida Ellen Kraftsow Steve Kaiser Wilma Joy Peter Eichhorn Collette Machado Tom Nance Tom DeCourcy Elizabeth Johnson George Denison Peter ThJmpson Kip Dunbar David Martin

All written testimonies submitted at the meeting are filed in the Commission office and are available for review by interested parties. Some items were taken out of sequence to accommodate requests by applicants or interested parties.

ITEM 1 MINUTES OF THE SEPTEMBER I. 1993 MEETING


IID11

Chairperson and Members Commission on Water Resource Management July 28, 1993

ITEM 2

ITEM 3

ITEM 4

ITEMS

ITEM 6

ITEM 7

OLD BUSINESS/ANNOVNCEMENTS

Ms. Loui announced the public meeting which would be held that evening at Molokai High School to hear testimony for proposed reservations of water for the Department of Hawaiian Home Lands (DHHL).

RESUBMI'lTAL: SEA LIFE PARK HAWAII APPLICATIONS FOR WATER USE PERMIT, WELLS 1. 2, 3, & A <WELL NOS 1232-01 & OZ, 1240-11 & 02), WAIMANALO GROUND WATER MANAGEMENT AREA. QAHU)

Mr. Steve Kaiser, representing the applicant, stated that a request was sent to the Department of Land and Natural Resources to determine if a water license is required.

Mr. Martin of Native Hawaiian Advisory Council presented testimony (copt in Commission files).

Unanimously approved as submitted (Lewin/Cox).

APPOINTMENT OF HEARINGS MASTERS

Unanimously approved (Lewin/Nakata).

HOUSING FINANCE AND DEVELOPMENT CORPORATION APPLICATION FOR A PUMP INSTALLATION PERMIT, WAHIKULI IRRIGATION WELL ewELL NO, 5440-01>, WAHIKULI, MAUl

Mrs. Grambusch asked if any allotment for housing was made for native Hawaiians. Mr. Neal Wu, representing HFDC, had no response. Mrs. Grambusch asked for an allotment for native Hawaiians to go with the permit if water is approved for the project.

Chairperson Abue stated that the matter was reviewed by OHA. If the project is on ceded lands and there are revenues, OHA would be-entitled to 20% of the revenues.


KALAELQA PARTNERS, LP, AMENDMENT OF A WATER USE PERMIT AND APPLICATION FOR A WELL CONSTRUCTION PERMIT. KALAELOA WELLS pw-7 TO' <WELLS NOS. 180S-10-U). EWA BEACH, OAHU

Unanimously approved (Nakata/Cox).

HAWAIIAN RESEARCH LTD. APPLICATION FOR A WATER USE PERMIT, KAMILOLOA GROUND WATER MANAGEMENT AREA. MOLOKAJ

Unanimously approved (Nakata/Lewin).

- 2 -


ITEM 8

ITEM 9

ITEM 10

DAVID W. CURTIS, R.M. GRANGER, KAWELA PLANTATION HOMEOWNERS ASSOCIATION. . JOHN UAEA. SR.. AND MAUl DEPARTMENT OF WATER SUPPLY APPLICATIONS FOR WATER USE PERM~ KAWELA GROUND WATER MANAGEMENT AREA, MOWKAI

Ms. Grambusch objected to the amount of water being requested by the Kawela Plantation from the Kawela Aquifer. She felt the evening meeting on reservation of water should have taken place before the Commission meeting because all the applications being heard are affected by reservation of water.

A Petition to Intervene was filed by Michael Foulkes on behalf of Wilma Kamakana Grambusch, pursuant to the right to a contested case hearing under Section 174C-60 (see Commission files). Mr. Foulkes reviewed the petition asking for deferral of the applications.

Mr. Tam stated that the objector (Mrs. Grambusch) must file an application to be a party in a contested case hearing within ten days detailing the grounds for her objections so a determination on standing can be made. H she has legal standing on all five applications a public hearing will be held.

Unanimously approved for deferral for a public hearing process to possibly be held on November 10, 1993. Existing uses may continue. (Lewin/Cox).

DEPARTMENT OF HAWAIIAN HOME LANDS AND MAUl DEPARTMENT OF WATER SupPLY APPUCATIONS FOR WATER USE PERMITS. KUALAPUU GROUND WATER MANAGEMENT AREA. MOWKAI

1. DHHL Well Nos. 0801-01 & 02: Mr. Charley Ice, representing the Department of Hawaiian Home Lands, stated that the existing amount is acceptable but they would eventually have to come back to the Commission to request additional irrigation and potable water for future developments.

2. DWS Well No. 1059-01: Ms. Ellen Kraftsow of the Maui Department of Water Supply requested an amendment to 36,000 gpd (the amount used to currently serve the customers in Kalae) instead of 25,000 gpd being recommended.

NHAC presented testimony (see Commission files) asking that the Commission records reflect "DHHL's continuing and increasing reliance upon the principle that their right of first call will be effectuated with a sense of immediacy".

1. Unanimously approved (Nakata/Cox). .

2. Unanimously approved with an amended water use of 36,000 gpd (Nakata/Cox).

MOWKAI BANCH. LTD. APPLICATION FOR WATER USE PERMIL MANAWAINUI GROUND WATER MANAGEMENT AREA. MOWKAI

Mrs. Wilma Grambusch stated her concerns in regards to the wetland areas that may be affected by the applicant's request.

- 3 -


ITEM 11

Mr. Ice (DHHL) said the first of the four wells appear to be an existing use, therefore they have no objections. The other three wells appear to be new uses and are upgradient of Hawaiian Home lands. Withdrawals could affect salinity for future uses on Hawaiian Home lands. DHHL recommends monitoring the salinity of water and conditioning any future use upon the means of future uses on Hawaiian Homes lands. Ms. Collette Machado asked Molokai Ranch what the plans were for the land because the community has not been kept informed of the development plans. Until plans are made known, their permits should be denied.

The applicant was asked to provide written information on the specific uses for the water use being requested The following actions were taken on the four recommendations made by staff in regards to the issuance of interim water use permits:

• 1. Unanimously approved to deny without prejudice the issuance of an interim water use permit for 150,000 gpd from the Ooia Dug Well (Cox/Lewin).

2. Unanimously approved the issuance of an interim water use permit for use of 600,000 gpd for the Orca Shaft #1 and Orca #2 Wells (Cox/Lewin)

3. Unanimously approved the issuance of an interim water use permit for use of 40,000 gpd from Orca #3 (Cox/Lewin).

4. Unanimously approved for deferral to the November 10, 1993 meeting on Molokai, the request for 40,000 gpd of water from the Orca #3 Well (Cox/Lewin).

JOHN N. UBAUCHI. ELLEN Me OSBORNE, AND MAUl DEPARTMENT OF WATER SupPLY APPLICATIONS FOR WATER USE PERMITS, UALArUE GROUND WATER MANAGEMENT AREA. MOWKAI

1. Mr. Urauchi asked that the acreage of land be corrected to 0.25 acre and not 25 acres.

2. Mrs. Osborne explained the water would be used to irrigate established plantings.

Chairperson Ahue stated that the resolution of the issues raised by the Historic Preservation Division is not determined by the Commission. He asked that Mrs. Osborne work with staff.

Ms. Collette Machado of the Molokai Burial Council asked that the application be denied because of pending charges and fines against Mrs. Osborne for deliberate disturbance of a burial site.

Dr. Lewin asked for AG. opinion in regards to the burial site since the well in question does not affect the site. Mr. Tam stated that the Commission can act independently of any action with the burial council and the Historic Preservation Division.

3. Ms. Ellen Kraftsow of the Maui Department of Water Supply requested that the water use be amended to 185,000 gpd instead of the stated 171,000 gpd.

- 4 -


ITEM 12

ITEM 13

ITEM 14

Ms. Grambusch was concerned that 1) the County of Maui needs to be more precise on the amount of water they need and 2) questioned if the County was conforming to the safe drinking water act.

Dr. Lewin stated that he did check with the Safe Drinking Water Program and since 1992 the County has complied with the Safe Drinking Water Act.

The following actions were taken on the above three applications:

1. Urauchi: defer to the November 10, 1993 meeting. Applicant to submit more detailed information for the proposed water use being requested (Lewin/Cox).

2. Osborne: defer to the November 10, 1993 meeting. Applicant tQ submit written plans for use of the water being requested and to supply information on the source of the existing irrigation system (Lewin/Cox).

3. Maui Department of Water Supply: Unanimously approved for the amended use of 185,000 gpd (Lewin/Nakata).

KAlNALU RANCH APPLICATION FOR A WATER USE PERMIT. WAIALUA GROUND WATER MANAGEMENT AREA. MOLOKAI

Dr. Lewin requested the applicant to submit a written request to continue the permit process for a well construction, pump installation, and water use permits. Recommendation was made to defer action until the next meeting to be held on Molokai.

Unanimously approved for deferral (Lewin/Nakata).

DEPARTMENT OF AGRICULTURE APPLICATION FOR A WATER USE PERMIT. WAIKOLU GROUND WATER MANAGEMENT AREA. MOLOKAJ

On the advice of the Attorney General, Chairperson Ahue called for a deferral of this application as recommended by staff due to objections raised and stated that a public hearing would need to be held. A tentative date of November 10, 1993 was set for the public hearing to be held on Molokai. The Department of Agriculture may continue pumpage of the existing source.

Testimonies were presented by parties for as well as against the project. All written testimonies received are on file in the Commission office.

OTHER BUSINESS

1. In regards to the letter from Lanai Company raising questions on the sustainable yield and institutional problems with the Land Use Commission, Mr. Cox felt it should be reviewed with the staff, the Commission, and John Mink.

Ms. Loui said a briefing would be scheduled at a later date.

- 5 -

Chairperson and Members Commission on Water Resource· Management July 28, 1993

2. Dr. Lewin asked for the following items to be brought up for future action:

a. The Water Quality Plan - the Code Review Commission and the Commission should meet to review the recommended actions relating to overlapping enforcement and adding additional enforcement to certain areas of the Water Code so water quality work can be carried out more effectively.

b. Issues on the Caprock - a hearing will be held in the near future, suggest staff from the DOH and CWRM attend the hearing and register concerns. Long-term effects of the harbor should be considered in terms of caprock water resources.

ADJOURNMENT The meeting was adjourned at 5:20 p.m.

APPROVED AS SUBMIITED:

i~~ L M. LOlli, Deputy Director


~,~L Z)J SHARON S. KOKUBUN Secretary

- 6 -

Jr' ,

State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT

Department of Land and Natural Resources Honolulu, Hawaii

September 15, 1993


Gentlemen:

Water Use Permit Applications Manawainui Ground Water Mana&ement Area. Molokai

Al!plicant:

(Well Nos. 0603--07, 0605-01 to 03, and 0706-02). Molokai Ranch, Ltd. 500 Ala Moana Honolulu, HI 96813

Background

Landowner:

Same

There have been thirteen (13) water use permit applications submitted to the Commission for the Manawainui Aquifer System (see Exhibit 2). To date, five (5) of these applications have completed the review process enough to warrant Commission action. These five applications were submitted to the Commission on July 13, 1993 by the same applicant; Molokai Ranch, Ltd.. They are for existing brackish sources and uses and are summarized as follows:

1. Ooia Dug Well (Well No. 0603-07). Industrial use (Fire & Dust Control). This request is to continue an existing use which is used by Molokai Electric.

2. Orca Shaft #1 Well (Well No. 0605-01). Existing aquaculture for 120 acres of shrimp and fish.

3. Orca #2 Well (Well No. 0605-03). Existing aquaculture for 120 acres of shrimp and fish.

4. Orca #3 Well (Well No. 0605-03). Existing aquaculture for 120 acres of shrimp and fish.

5. South Hoolehua Well (Well No. 0706-02) Existing irrigation of 36 acres coco palms, fish, and shrimp.

Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits.

Analysis & Issues

In general, immediate adverse impacts on other local wells, streams, and the Manawainui Aquifer System are not anticipated to be any different than that which presently has occurred. Since these wells are near the ocean impacts to surface water and other wells are not ~ticipated (see Exhibits ,IA,to Ie). ~/ .:... ~ ~I ~ ~.~,-;ih ~ ~ ~ c::L ~~_-'D ~~~~I ~~~~7~ fJ>t- -,.J.... ~ ,-:::t;; ~ ~~.

ITEM 10

Chairperson and Members Commission on Water Resource Management September 15, 1993

Actual water use is an issue with these applications. Water use reports for these wells were last submitted to the Commission for May 1992. At this time, water use reported was "NIL". Therefore, it was assumed that water was not in use at this time or just prior to designation. More recently, the field investigations on these wells indicated that only the Orca Wells, (Well Nos. 0605-01 to 03) were in actual use at the time. The user was Molokai Sea Farms and it appears that Well Nos. 0605-01 & 02 are in battery. It appeared that there were less than 120 acres for aquaculture and the limited actual use of water seemed to substantiate this estimate. From the Oahu Water Requirements Forecast, 120 acres of aquaculture would require about 4.3 mgd. It did not appear during the field investigation that this amount of water was pumped. The wells are not metered either. Therefore it is hard to estimate the actual use for the Orca Wells. The Ooia Dug Well (Well No. 0603-07) is for emergency fire protection for Molokai Electric which also has a completed application for this well. The and the South Hoolehua Well (Well No. 0706-02) was not use at the time of the field investigation since the former lease to Hawaiian Research was terminated in August, 1992.

Since Well Nos. 0605-01 & 02 appear to be in battery, combining the two applications into one permit would provide the applicant with more flexibility in pumping from the two sources. Well No. 0605-03 should have its own permit since it does not appear to be in battery with the other two Orca Wells. Also, since Molokai Electric applied and is the actual operator for Well No. 0603-07, the application from Molokai Ranch should not be granted at this time unless actual need can be shown.

No specific objections to these applications have been submitted to the Commission.

There is only on specific recommendation for the Manawainui Aquifer System from the Final Report of the Molokai Working Group (MWG). This recommendation is that the aquifer system should be renamed the "Paalau Aquifer System". This recommendation can be addressed through a future update to the Hawaii Water Plan. A more general recommendation for the Central Aquifer Sector is that bulk allocations should generally coincide with "2010 potable water use projections, subject to on-going studies of the aquifer's capacity. From Exhibit 3, the only projected allocation is to the Hawaiian Research, Inc. for 0.56 mgd. However, as stated earlier, the lease to this entity has been terminated with the landowner.

RECOMMENDATION

Staff recommends:

1. That the Commission deny without prejudice the issuance of an interim water use permits to the Molokai Ranch, Ltd to use 150,000 gallons per day of brackish water from the Ooia Dug Well (Well No. 0603-07) for the reasonable and beneficial use of industrial use (fire & dust control) unless the applicant can show he has definite plans to use his requested amount within the next four (4) years. If and when granted, the interim water use permit should be subject to the standard water use permit conditions listed in Attachment B.

2. That the Commission approve the issuance of an interim water use permit to the Molokai Ranch, Ltd, to use 600,000 gallons per day of brackish water from the Orca Shaft #1 and Orca #2 Wells (Well No. 0605-01 & 02) for the reasonable and beneficial use of aquaculture subject to the standard water use permit conditions listed in Attachment B and the following special conditions:

2

r


Attach.

a. The applicant may continue this existing use of ground water within the limits approved by the Commission and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

3. That the Commission approve the issuance of an interim water use permit

4.

to the Molokai Ranch, Ltd. to use 40,000 gallons per day of brackish water from the Orca #3 Well (Well No. 0605-03) for the reasonable and beneficial use of aquaculture subject to the standard water use permit conditions listed in Attachment B and the following special conditions:

a. The applicant may continue this existing use of ground water within the limits approved by the Commission and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

That the Commission deny without prejudice issuance of an interim water use permit to the Molokai Ranch, Ltd to use 500,000 gallons per day of brackish water from the South Hoolehua Well (Well No. 0706-02) for the reasonable and beneficial use of irrigation of 36 acres coco palms, fish, and shrimp, unless the applicant can show he has definite plans to use his requested amount within the next four (4) years. If and when granted, the interim water use permit should be subject to the standard water use permit conditions listed in Attachment B ittl t:he<

*He::it .. i I I I rr ~


Deputy Director

APPROVED FOR SUBMITI'AL:

I~ 4 - ~ ~ ~n z, -Ie 4 -4..... weLL 111<. 7 7Ih. !~.

T~ - 4tJ ~ 1 ~ ,:-r~ (p~MP!~ 20 ~ ....IJa<.....{-;:

. , ~

fV-t- G~- ~~~~- p~~-- ~~~~~.r~A~

I~M~~)~' vJHf.-.- -~ ~ ~ 1J WdA 4. ()7tJb -O"Z/

~ ~ ~ IJl1'i!4 ~ ~ tr>--3~. Mt«! ~

Chairperson and Members Commission on Water Resource Management September IS, 1993


1.

2.

3.

Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:

Manawainui System, Central Sector, Molokai 2 mgd

O.OOS mgd 2mgd

0.379 mgd










Ooia Dug Well (Well No. 0604-01) Palaau Government Road, Molokai, TMK:S-2-11 :23

NA open hole in.

NA ft. 2 ft.

None ft. None ft.

-2 ft.

4 ft. None ft.

Orca Shaft #1 Well (well No. O6OS-01) Palaau Government Road, Molokai, TMK:S-2-11 :22

NA NA in.

NA ft. NA ft. NA ft. NA ft. NA ft.

NA ft. NA ft.

Orca #2 Well (Well No. 0605-02) Palaau Government Road, Molokai, TMK:S-2-11 :22

NA NA in.

ATTACHMENT A


NA ft. NA ft.


4.

5.


Eleyations (msl= 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:





Tol~ Deplb

Use Information

ORCA #3 Well (Well No. 0605-03) Palaau Government Road, Molokai, TMK:5-2-11:22

NA NA in.


NA ft. NA ft.

South Hoolehua Well (Well No. 0706-02) Palaau Government Road, Molokai, TMK:5-1-2:18

NA NA in.


NA ft. NA ft.

r-~~

'I

.. weI er hvi . 1.., I. scilt~

I I I I I "'I .perf.~

,.-

I. I. open hale

1. Quantity Requested: 150,000 gallons per day. Existing Type of Water Use: Industrial use (fll'e & dust control) Place of Water Use: Palaau Go~ernment Road at TMK: 5-2-11:29


ATTACHMENT A

NIL gpd NAgpd

• Chairperson and Members Commission on Water Resource Management September 15, 1993

2. Quantity Requested: 500,000 gallons per day. Existing Type of Water Use: Aquaculture for 120 acres of shrimp and fish Place of Water Use: Palaau Government Road at TMK: 5-2-11:22






5. Quantity Requested: 500,000 gallons per day. Existing Type of Water Use: Irrigation 36 acres coco palms, fish, and shrimp Place of Water Use: Palaau Government Road at TMK: 5-1-2:18



Nearby Surroundine Wells and Other Re&istered Ground Water Use

"NIL" gpd NAgpd

"NIL" gpd NAgpd

"NIL" gpd NAgpd

"NIL" gpd NAgpd

37,000 gpd (2% of Sy)

These wells with applications are approximately within a mile of each other except the Well No. 0706-02 (See Exhibits 1A to 1C). For the wells in Exhibit 1A and there are seven (7) other wells within a mile of the these wells. Six (6) of these wells are currently in use. For Well No. 0706-02, there are five other wells within a mile of which three have possible use. Finally, for Exhibit 1C, Well No. 0603-07 has nine (9) other wells within a mile of which five (5) are possibly being used. Information from the registration program indicates there are possibly thirty-four (34) existing wells in the Manawainui Aquifer System. Again, total reported water usage from the Manawainui Aquifer System is the only 0.037 mgd. Also, the 1992 Draft, of the Molokai Water Use and Development Plan did not estimate the existing withdrawals from the Manawainui Aquifer System. However, the Final Repult of ihe Molokai Working Group Estimated the actual use from the Manawainui Aquifer System to be 0.560 mgd.

Public Notice

In accordance with HAR §I3-171-17, a public notice was published in the StarBulletin on August 23 & 30, 1993 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land

ATTACHMENT A


and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by September 14, 1993.

Objections

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by September 14, 1993.

To the best of staffs knowledge there are no objectors who have property interest within the Manawainui Aquifer System or who will be directly and immediately affected by the proposed water use. They are 1). All objections and/or comments to the application are summarized as follows:

Objector

NHAC

Briefs in Support

Objection

General process of water use permit applications. No specific objections to this application.

Since the deadline occurs so near the Commission action and no objections to these applications are anticipated, staff expects that no responses to objections, or briefs in support, regarding the application will be required to be filed. However, if objections are submitted by the September 14, 1993 deadline then these will be brought to the attention of the Commission for deferral, if necessary.

Field Investi&ation

All the water sources and existing use were investigated on XX. The investigation(s) verified the applicants request for water use permit.

ATTACHMENT A


STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest. M (HAR §13-171-2).


3. The water use must at all times meet the requirements set forth in HAR §13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defmed in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as



5. The ground water use approved must not interfere with interim or permanent instream flow standards. If it does, then:




7. The water use permit application and staff submittal approved by the Commission at its September 15, 1993 meeting are incorporated into the permit by reference.


9. The water use permit may be modified by the Commission and the amuunt of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:


June 1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

A TIACHMENT B


Commissions's police powers under law as may be required.



11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of grO\~nd water use authorized by the permit may be reduced by the Commission if the sustainable yield of the MANA W AINUI Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR §13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR §13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.


15. The permittee shall request modification of the permit when necessary to comply with all applicable laws, rules, and ordinances which will affect the permittee's water use.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR §13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the MANAWAINUI Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to HAR §13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.


ATTACHMENT B

lLO"

radius • 1

u

/ /

, .. ~ ,

"AlUtICOI - 40101

.... .....

'. ()

. K .. I.. .. U~." • .. 4040t

ICAM.NUI .. 40401

W.lkO~U .. 40405

PROJECT AREA

HYOROLOGIC UNITS - ISLA NO OF MOLOKAI

EXHIBIT 1A

.. _'- .. _ ........ •• =j:/,

W ...... UA - 40304

Molokai

'~ I

KalUil(jkclW,th,ne . ,; )

:~ ~)

01

11"

'~~, I'"~ " '(I r I

.. (, .. :

J'

" , .'

,;

.,.1 ,.f' .....

Mud

Reel

--- --------1

;CALE 1 ~4 000 07 o

,r - 1 :-. -;--:-=-.~~ - _.:....: ... n , I

U ,.... J"":"

.,(t1C) ~WlO -. .j . .::...::.....1·-

~ ItlIERYAI. !lO FEET -I PHI 'It Nt 10 rljo' CONIQllflS

I', M'AN ·,tA lFvll

'Ani 100n HU ~_ I .::-.=:-.

I 11.11 ,)101' I(A

J

• IU Illl I) A. II 1M I~ Mt AN t Owt H lOW WAI£A ',I. I .... ,.,. •• l" ....... " •• , Vi .. I .... tt ..... ","If If

~ .....•.• A"~""'.""" ••• 16.1

... .....

I_'~,

\ ' --"-"

KUALA"W - 40lOS

HOOLDfUA - 402

UUNA.AIN\I - 40202

,ICA&.AU!lta,. - 4040.

.AMA"", - 40401

WAIIIO\,U - 40403

RQJECT AREA

HYDROLOGIC UNITS' ISLAND OF MOLOK"I

A.al.U& - 40304

Molokai

'~"'fC"" au • ."., ... "'''''0- • C - ••••

04 ROAO CLASSIFICATION

Lighl duly

OImproved dirt •••••••••

o Slate Route

I ~

, ,,,lend 01 MoIO",I. "ule 1 62 500. 'I .......

-_":::.-- ..

......

·'

. K'lAu,a,a • 40401

.. AHANUI • 40401

HYDROL~:lIC UNlrs - ISLAND OF MOLOKAI

r-4ud

A,.loU. - 40304

Molokai

+

~ATER USE PERMIT APPLICATION NOTICE STATUS REPORT 09/04/93

WPA PUBLIC 1 PUBLIC 2 OBJECTION DAYS NO APPLICANT ~ELL NO ~LL NAME EXIST PROPOSED RECEIVED ACKN~GD ACCEPTED NOTICE NOTICE DEADLINE SUSPENSE LEFT AGENDA

--------------------ISLAND OF MOLOKAI

Aquifer System: MANAWAINUI KALAIAKAMANU HOU CHURCH 0602-03 KALAIAKAMANU HOU Y 11/06/92 11/17/92 11/06/92 12107192 12114/92 12128/92 02104/93 271 08/04/93 HA~AIIAN RESEARCH LTD. 0603-01 UMIPAA Y 04/14/93 08/30/93 05/11/93 09/15/93 09/22193 10/06/93 08/09/93 -26 11/10/93 GERALD I. NE 0603-05 IOPA'S WELL Y 07116/93 08/30/93 / / / / / / / / / / 0 / / MAUl ELECTRIC 0603-06 NAI~A MECO 1RR #2 Y 07/16/93 08/30/93 07/16/93 09/15/93 09122193 10/06/93 10/14/93 40 11/10/93 MAUl ELECTRIC 0603-07 NAI~A DUG Y 07116/93 08/30/93 07116/93 09/15/93 09122193 10/06/93 10/14/93 40 11/10/93 MOLDKAI RANCH, LTD 0604-01 oolA DUG ~LL Y 07113/93 08/30/93 07113/93 08123/93 08/30/93 09/13/93 10/11/93 37 09/15/93 MAUl ELECTRIC 0604-03 NAI~A MECO OPENPIT Y 07116/93 08/30/93 07/16/93 09/15/93 09122193 10/06/93 10/14/93 40 11/10/93 MAUl ELECTRIC 0604-04 NAI~A-MECO IRR #1 Y 07116/93 08/30/93 07116/93 09/15/93 09122193 10/06/93 10/14/93 40 11/10/93 MAUl ELECTRIC 0604-05 NAI~A MECO COOLING Y 07/16/93 08/30/93 07/16/93 09/15/93 09/22193 10/06/93 10/14/93 40 11/10/93 MOLDKAI RANCH, LTD 0605-01 ORCA SHAFT #1 Y 07113/93 08/23/93 0i"/13/93 08123/93 08/30/93 09/13/93 10/11/93 37 09/15/93 MOLDKAI RANCH, LTD 0605-02 ORCA ~ELL #2 Y 07113/93 08/23/93 07113/93 08/23/93 08/30/93 09/13/93 10/11/93 37 09/15/93 MDLDKAI RANCH, LTD 0605-03 ORCA ~LL #3 Y 07/13/93 08/23/93 07113/93 08/23/93 08/30/93 09/13/93 10/11/93 37 09/15/93 MDLOKAI RANCH, LTD 0706-02 SOUTH HOOLEHUA Y 07/13/93 08/30/93 07/13/93 08/23/93 08/30/93 09/13/93 10/11/93 37 09/15/93

WPA mgd

0.005 0.011 0.006 0.003 0.001 0.150

**.*** 0.003 0.350 0.500 0.100 0.040 0.500

13 Applications Totaling '1.669

Page No.

C\J

I--m -:c X w

· I


BREAKDOWN OF 2010 POTABLE WATER USE PROJECTIONS IN MGD



Kualapuu System 1. County DWS 2. DHHL 3. Kaluakoi Resort 4. Other State Projects 5. Palaau Industrial Park 6. Others (Kualapuu. Kalae. Kipu)

Subtotal




0.56

0.94 0.84 2.14 0.11 0.20 0.20 4.43

0.22

2.70


1. Hawaiian Research 0.26

Kawela System 1. County DWS 0.32 2. Kawela Plantation 0.40 ~3.~~Kam~ru~o~R~an~c~h~ _______________________ ~

Subtotal 0.76

Ualapue System 1. County DWS 2. Kamala Ranch 3. Place. M. J.

Subtotal

Alpha USA

WEST SECTOR

TOTAL

1 Water development source Wlidentified.

EXHIBIT 3

0.18 0.22 0.22 0.62

0.00

11.55

, .


NON-POTABLE WATER USE PROJECTIONS IN MGD*

5 to 2010 to 10 years Total Build out

D1-I/-IL Hoolehua 4.00 16.0 Kalamaula 1.42 7.5 Subtotal DHHL 5.421

OUler MIS users 2.502

Molokai Ranch Agriculture, Dairy, Pastures: l. Ag. Par~ - Kualapuu 7.70 2. Coffee - 800 acres 1.50 3. Dairy - 4,000 head 0.70 4. Palm Nursery - brackish 0.30 5. Feedlot 0.20 6. Pastures 0.20 7. Hay ~assume all inigated on Homesteads 0.00

Subtotal Agriculture 10.63 Recreation: 1. Maunaloa Links 0.25 2. Ironwoods 0.20 3. Network 0.05

Subtotal Recreation 0.503•4

Kaluakoi Resort Recreation: Golf Course Addition 0.00

(two 36-hole courses)

Alpha USA 1.503

TOTAL 20.52

* Estimates furnished by users and were accepted by working group without challenge.

I From DHHL projections From DOA • MIS average delivery = 7.5 mgd

2/3 x 7.5 mgd = 5.0 mgd preference to DHHL 1/3 x 7.5 mgd = 2.5 mgd for other MIS users Note: deficit from MIS of 0.42 mgd

2Assumcs maximum usage of 1/3 of MIS for other'users

3Water development source unidentified

Total

23.53

2.5

10.63

0.53•4

2.83

3.03

42.9

"'A portion of this projection will be met by, the MIS and a portion from private sources

Note: Non-Potable Water Use Proj~ctions are for major agricultural and recreational uses\in the central and western areas of the island. It does not include instIeams uses, fishponds, taro patches, aquacultural projections, etc.

EXHIBIT 4

j 1

• o e • o -~ -• o e ~

>--~

_RS!CTOR AOUFER SYSTEM OWS WEU.S ",VAlE W!U.S OT_ OWS DIVElI£SIoN _n DlY£RSIOOI OWS I'OTAILf SEIMCE AREA _n I'OTABU SCIMCE AREA OTl£Jt OWS SMA.,. I'RIWonSHAFT OllER P£IIOED GIIOINI WATEII T\NEL DEYB.OPIEHT" TJlANSMSSIOOI -

-;- - ;.

MOLOKAI AQUIFER SECTORS WATER SOURCE AND SERVICE AREAS

., 0 ,

sc.ou • .....,...-..... 0 _:goo

sc..u .. FUl

."

"

to

I--OJ -I X W

• •

•


BREAKDOWN OF EXISTING GROUNDWATER USAGE IN MGD

CENTRAL SECfOR Manawamui System


Kualapuu System 1. County DWS 2. DHHL 3. Kaluakoi Resort

Subtotal






Kawela System 1. CQunty DWS 2. Kawela Plantation 3. Kamalo Ranch

Subtotal

Ualapue System 1. County DWS 2. Kamalo Ranch 3. Place. M. J.

Subtotal

WEST SECTOR

TOTAL

0.56

0.59 0.38 0.82 1.79

0.22

1.13 .

0.26

0.32 0.16 0.04 0.52

0.18 0.22 0.22 0.62

0.00

5.10

EXHIBIT 6

• Wil11amson B.C. Chang

Attorney ac Law 959 Ahuwale Place

Honolulu, Hawaii ~6B21 Tel: 808-377-1205 Fax: 808-377-5096

Counsel for Kalamaula Homestead Association, an Unincorporatec1 Association, Mrs. Wilma Cramhusch, PrQQidant

September 13, 1993

commission on ~1ater Use Managemer:.t Mi:'. Keith jll1ue, Chairperson P.o. BOX 621 Honolulu, Hi ;68020

RQ~ Matters raised at Meetings on Molokai, September 15th, l:JO at M~tchQ~ Pauol1 Cent~r an~ at 6:00 at Molokai High School

J . Request for Def§!rral cf Severell Matt@rs scheduled for 1! 30 :\,In;,il 6:00

On behalf of the Kalamaula Homestead AQQoci~tion, I wish to rrequest ....... deferrru."JrOf:rdecieior.-=making'"ori-[tQrr;S-:7:'i' of the agenda for r the Meeting of COWRM scheduled for 1130 on September 15. Unfortunately, many of the membere of the association, including myself, acting aB counsel for the association have work commitment5 which prevent US from attendi:lg the 1:30 llleeting. We requeet that you keep open the ~ecoro on these items, derer decision making and allow us to testi!y at the 0:00 meeting. nle Kalamaula Homestead Association, a3serts that ic has appropriate standing on all of these issues as its lan<ls are sutticient.ly proximate co Che applicants proposed use sucn cnat the association has an adequat.e prop$rty intQrQs~_ The Associacion relies on the language ot tne RHeA, particularly section 221, wn.1cn strongly states that the watgrs of Molokai, sball ~e !irst u;e~ to p~ac~-nomQ~tQadQrs on~he land.

II. speQ~fic Qbje~tiQns to APplications:

03Sl.·ID lH:~I". ,,. O'l:~(,.t."C>~' ... ) O~c;""·,,,,,. o'-l~:"f:'(.,), ) J •

a. Item 8 -- application of~Curtis'let al, Kawela Plantation Homeowner~ ACl50ciat:.l.on. The Kalamaulcs. Homeowners Association objects to the application 0 f David Curtis et al on numerous grounds:

1 .J. • The applicant's use' will interfere with the 3 (c) [see

· e ,,?~7 .'

, l~.

standard watCir · .. U:8 permit condit.ions) ancl 3 (g) "exilSting legal right" to the U/i:Q of water l:lY mambers of the Kalamaula Homestead / Association. Thfi rightG 01: HOMQGt:.aaders are <1eflned. by both. congreeeional and staLe la~ and the barrier to homesteading has· been the inability to obtain wat~r. The ~ight= ot t:.he association I

e~tend ~~land-wide and tr.us all usaG other than those for homesteading are 5ubordinate to thg rights of homQ~t8aders not ab1& to 1 i ve on their lande d\.ll!! to failure to supply watar. The strengt;h of thi.:3 right i~ obyiou&, since it is rapsated a number of times in diff~rent parts ot the etandard water usa permit conditioIls, pal.ticularly in 9(9) and 8cction 6. Any issuance of a water use permic on Molokai should be deferred until the public hearing on the p~opo8ed rule. Chronologically, only after the ~le reserving wat.ers 1s tin.!ilized, including the scope ¢.f aquifers which are affected, can water permits be i5~ued on Molokai.

~. Reque~t for "contested. case procee<1ing: I In the ev~nt that the Commission gees fit to proceed wit.h the issuance ot a water permit for the applicants in item 8, the ~alamaula Homestead Associations exex-ciSQs i'CS: rights unQ.er Chapt.llr 91 in seeking a contested case proceeding. The request for such a hearing requires the Commission to dafQr dacision making.

,!,:h~~~tem-';9~- o~"'· ,,\., , I,,\i\ .. O\

a. .Requ"!lst of LlHF..L for Wetter Use Permits: Kalamaula Horr,estead Astlociation req-..l9sts that this matter be.-aoUSO'ttdat".e{W fwftli"'the"!""propo«ed!,ruTe!to~oe"lieard.""'at~6TOO~P~M~ The re8ervation of amount sought by DHHL coheres with the amount proposed by the Molokai WorkiI13 Gl:"OUp. Kal~maula Homl!lstead Association asserts t~at the rigtts to water of Hawaiian Homesteaders is not sul:Jse::-vient tc the rUlemald~authorit.Y of COWRN and that the v am~1J.FJ:~ .. se~t:~te gr0.!i s ly ~a'4.a~.8!t:6'!me'"eM1i.illie'edsfomAe1 I\..

ncil.1lltUlu1a!lIom'H::t:.8~(1:.l';~~SlPc. ~~~Qn and its 1:uture plans. Obj ect:.or. Kalamaula HO~~tlil"d ~£oci.atic:n p~otQS:t.s the ~cm.~~t·~g@~f?~ ,DHHLlf'for\~~~:f!~~S!.~:tt~~~~paJi~~mw.u:~~,< and the

C omp 1 et.!l_;t;,~:l.!,Y£.~~..t:!;=>.~J¢t:~~"S!l.ta.ct:7a1il . a-f1ci~8PiG8Iilnt.;a.E"i:"vlil'l'oEr iene-nat:.v,,('Haw3.1.ian'jbeneficia;ie&(. Thlil lJ..tn.1tatJ..on GtatQd on page 3 limiting t.h~ iileUiUlCQ of interim PQrmit~1 which is to be temporary unci~ the reaerv~tions are sat by ru~e, iG a limitation the.t 5hould be placed on all permits on Molokai. Under t.he original vers-tenot: the Hawo.iian Home!! Commission Act I all waters, for dorne$ti(!~~~St;·.agricultural uae, were to be first: used·for the benefit of Home5t:~fAdeJ;'~. . ' . f 0« ~''''''r'''1 rVOI D~"'It.p ~

·;t','l\: ,., .

b. Tht:! Kl:damAula Horr.8stead Association. assert!! that COWRM has :,", no legal authority to issu9 interim permit oubject to eondition8 thac are ba~ed on federal r~strictions.

C. In ad11t1on, the Kalamaula Homeetead A~50ciation asserts t.hat t119 supremacy Clause ot: the united State:; Con:;titution nullities the rignc ct COWRM to set limitations on wate~ U6e of

2

native Haw~iian benefic~arip'8 ot the Hawaiian Homes Commi5Dion Act. The Hawaiian Homes Commission Act at 1920 is still federal law.

~,

I ~~. 0'\.) ~~ Item 10: Kalamaul61. HomQstead ASSociation, acting on behalf of Mr.! ;.: . 0\ ~\.I Harry Aki I and CJther residents Of Mauna Loa town, obj ects 1:.0 I,..,o~ ~ applicant Molckai Ranch's requ5st, and" objectliO' .to thQ st.aff )~~~.b recommendation as to nos. 2 and 3, on the grounds that MOlokai

Ranch, under equitable doctrines of law, i~ acting with "unclean hands" in that it has failed to comply lIfith the federal Safe Drinking Water Act in_,its. delivery of wat-er to r.Jauna Loa Town. Until this - violatio:1. of ::ederal standards \ is rectified, the app11c3nt. shou:.d not receive furthe~ sources 0\ water

\ "' t ' \ I ~t'em"iJJ: Kalamaula Homescea·j Association 'o~ject5 to t.he applicant, ~lo.\ \.,1)\ Maui Oepartment of Water Supply to use 171,000 gallons for . ...:...r..!~.'l>, munic~~~l._usli-2_~.!hQ gr0';ll~s tnat che~:=a;' m---:

ea~~~C!r~~ai!~!Dl1fg~q~"~.;l1mnt.ln.Qg,. .jis .' f!ilOlc:reli mbet;\t~_~~llliitD.tate¥il~:...MOl.Okaa~n~h]Y.a.Qt"QEl.'l ~ . c'':'Clte~~:l''iY~f:·e~t-,?~~\u.l..:q0'~§:Wx1.7 Kaliunaula HomQ~t:Qad Association 18 w:tll.lng to put'on"evidenctel of the ~~d'of!iiiEn~W1....m (to~mee~~~h.e~;el~?~t:he]£d.;ereCtm:aA~~b,e,.~erm~1:q,~~~ .. C. ;M1Jlg. '$.~.~a.:~e.I:'f~>~,~~'~ijreo. vet;;J<!11~tpaula 'Homeste~_d AG,QOCiation. _ . .a ' . .~ . r1i:'3UanC:~~9fl4ttJ:~.t;e"~3$ie.;mI:~~l'i~nty"t.Wije... ., .. ,$ p,~,,"QS .

"~" ", }!~1.?!~ '. ~l.'

"e:Yi~s:~ce~Of{ftli ~c,' . · .... ,~.~;.s6tR::ji~~;L-:rr9_~~};~ith~er:"'-i:ronmen ~ {1 al!~J;;L-~~s.",;" . ,,t~:,, ~p,e ~l_O"l.;lt\g-:O~tAC";,l~ndf1!!l~a~~c:t~mpm'=j_l_ fthat E!;!x.:Ls.ts::on.'.Kalamaula'fHome"eeadlProperty' The County sliould not be rewarded with permits for more water when they have failed to meet the qy.aU:}' requiI'emer:ttl as to e:x:il!iting U5e5.

Item 13 _ .. Ka1aiaula Homestead Association" objects t.o applicants proposal ana a~reeB witc tr.e sta!! recommendation for a deferred public hearing OIl November 10. Objeccor asserts that: t.he original purposes _no. tGlrrnlil at t.he '~aikolu source have been vlolate<1 to the benefit of the County ana the c1etr1rnent 'J! Objector. Objector wiah~a to h.VQ th~ ab~l1ty co provQ it= ca~Q at a later date.

~t'enf'''71 .... Obj ecto:', Kalamaula Homestead Assoclation, opposes the ~taff .:::-ecomm~~md~tion o~.s:l:l.~ ........ ,g~~l!,.n.S(l1 __ ~~at the .~.~~fh.oul~p. r:ssu~dro,~y~.f,~·er~aJ."l-rnee~3 ·.of,.the·~natJ.ve~Ha~a;'l..an~enefrciariW ,have b~~~~~l Mor~over, 1t do~s not make any s~nSQ to grant such 'a perrrll.t'~~p~il:or to the full hearl.ng and final determination of the rule to be', heard on the reeervation of homeetead wat.ers.

3

.... , .' _. /

In conclut::ion, ~bj ector seek:s ~ con"olidation of the 1130 ~gQnda with the 6:00 rule making agenda and finds that the attempt t.o proceed. wit.h permit.ting without a tinal rule ao to reserved waters violatE"'~ t.he intact of the state legislature. Obj ector thus raser,res it.s right to seek j ucl1c:!.al review, .by way of a conte5ted caSQ prooesdili:j, or ::>therwi se as to all permits issued prior to finalizi!'!g the issues as; t.o the rule reserving waters for Homee~eader£;.

eATED; September 1), 1993. Honolulu, Hawaii

, . .... ~ ' .

.. ~~~.

Yours,

~ C.-C---';?S/'/'··--·Williamson B.C. Chang Counsel for Objector, Kalamauala Homestefld AS!Jn, Pro~e88or of l"aw, Universicy of Hawaii

Council Chair GoroHokama

Council Vice-Chair Thomas P. Morrow

Council Members KimoApana Lynn Britton Patrick S. Kawano Alice L. Lee

COUNTY COUNCIL COUNTY OF MAUl

~3~ E P I 5 A 8: I Ll

Rick Medina Manuel 'Junior' Moniz Dennis Y. Nakamura

200 S. HIGH STREET WAILUKU, MAUl, HAWAII 96793

September 13, 1993

Mr. Keith W. Ahue, Chairperson Commission on water Resource Management state of Hawaii P.O. Box 621 Honolulu, Hawaii 96809

Dear Chairperson Ahue:

SUBJECT: WATER PERMIT APPLICATIONS

This letter responds to your request for the water permit application transmitted to letters dated August 27, 1993.

CJ1

,,:,,: :::':",.':( ... co#~Hts em me by your

I received your request on August 31, 1993. The Council's procedures did not allow enough time to refer the matter to the Council's Human Services, Housing, water and Agricultural Committee. Therefore, I transmitted a copy of the application to the Committee Chair and to the Council member from Molokai. I have received the attached comments.

If you have any questions, please contact me.

81:gh1:k Attachments

~tr~u~l~Y~'~~~~~ GORO HOKAMA Council Chair

" ~. '33 . . ~ I . . I • ...• 'il;

September 7, 1993 ! ! ; ~# I , I

Gl :ir;; ; ~. , ; i,. {: ;; i:.

MEMO TO: Goro Hokama, Chair

FRO M: councilmember Patrick S. Kawan~

SUBJECT: water Use Permit Applications

Thank you for giving me the opportunity to view the water Use Permit Applications for the Island of Molokai. I have reviewed it over with Wren Wescoatt and Noelani Joy, members of the Molokai Working Group which is a commission on Water Resource Management, Department of Land and Natural ·Resources, State of Hawaii.

The following permit numbers, well names and locations all show "demonstrable" needs as specified by the new Molokai Water Management Area Guidelines whereby the applicant demonstrated a clear purpose for the water use request.

0457-01 0801--01 & 02 0352-12 0456-16

0456-01 0501-04

1059-01

0601-01

Maui county-Dept. of water Supply Dept. of Hawaiian Home Lands, Kualapuu John N. Urauchi, Kamalo Kawela Iaea #3, Kawela

(Kaunakakai side of Rice Patch) Johnson Kawela (mauka of Rice Patch) Kupa Hawaiian Research irrigating fields

around Slaughter House Maui County-Dept. of water Supply Waikalae

Tunnel Kaunakakai Hawaiian Research irrigating fields

below Manila Camp Molokai Ranch, ooia Dug Well

However, permit no. 0448-07 Clara Burito Sabas Mapulehu requests 50,000 gallons per day to irrigate 1 acre of taro and/ or truck farms by stream diversion and pump-well combinations. This amount may exceed the seasonal stream flows in this area and comprise, if granted, a complete stream diversion. As this application may understandably be to protect future needs, a more prudent permit condition may be to limit stream diversion and well withdrawal amounts to a more practical level in keeping with the requirements of 1 acre that may be planted in the future. The new guidelines seek to manage water use to actual need over future projections where an increase-with drawal rate can be applied for as need dictates.

water Use Permits

Lastly, permit numbers:

0605-01 0605-02 0605-03 0706-02

Orca Well 1 Molokai Ranch Manawainui Orca Well 2 Molokai Ranch Manawainui Orca Well 3 Molokai Ranch Manawainui South Hoolehua-Molokai Ranch Hoolehua

have some common application problems as follows:

14 Ca) "Impact on sustainable yield: none" This may be incorrect as total withdrawal rate requested is -1,290,000 gallons per day for these permits which are all located in one area. The removal of this amount may certainly affect the upper "potable aquifer" as similar concerns are being addressed on Lana'i.

14 (c) "Hawaiian Home Lands use affected: no" In many cases, the location of these wells are directly adjacent to Hawaiian Homestead lands and this SUbstantial withdrawal rate may preclude the future development of these agricultural leases.

14 (d) "Other existing legal uses affected: ,no" This response may have overlooked affects on adjac~nt spring-flow required for fish pond survival in this immediate area. If the springs are diminished or halted, the fishponds will die and destroy forever any attempts at their restoration. A more cautions approach at permitted withdrawal might keep from having to remove a 1000 year old cultural resource from Maolkai's future.

14 (e) "Other (pending permits, EIS etc.): none" The demonstrable requirement" of the guidelines has not been met as the application applies for a "proposed need" not a "clearly identifiable need" as required. This applicant seems to be trying. to protect "uncertain future needs" rather then actual as required in a water management area. This amount, 1,290,000 GPO for "fish and shrimp" goes unmentioned in the Water Management Guidelines Exhibit 5 Non-Potable Water Use Projections a places Molokai Ranch as the highest user of this water quality.

Perhaps OLNR should review well production records the "demonstrable" requirement and allocate on rather then everything these wells can produce. The water management area is "take what you need, not grab."

Thank you, I enjoyed reviewing these questions feel free to contact me.

cht

permits.

to satisfy this level, idea of a all you can

If any

() :, , A

, . , ~ ~ ", \

State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES

Commission on Water Resource Management 03 ~ I Honolulu, Hawaii v uc:.r 0 A9: 57

REF:WRM-KY

MEMORANDUM

/ ;JtI.~-ro· -\/1 ¥ , •

SUBJECf:

Aquatic Resources Forestty and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks

J1.ater and Land Development Other Interested Parties

Rae M. Loui, Deputy Direct~ Request for Comments Water Use Permit Applicatio Maunawainui Ground Water Management Area. Molokai

c.o

""" ,.- ~ :P's.:!. e~

C")

, .-.0 f?:~ ' ..... ~\:E -g

~~ c.".)

-0\1 .-1-- CI' ... -

Transmitted for your review and comment is a copy of a water use permit application for Molokai Ranch, Ltd. for Well No. 0604-01. Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 &: 30, 1993.

We would appreciate your review of the attached application and please return this form by September 14. 1993.


LN:ky Attachments

Response: Contact erson: GO(doV) A~ Phone: '1D1.:Z.1

;tJ rn (")

rn -<:. rn 0

-

Date: _Cf ,_1' -_qs '" -----.,.-Signe ~'-=~~;;-;;;;w:;:;;~:u\iiil-

o

G. '.,


Mr. Jim Mozley Molokai Ranch, Ltd 500 Ala Moana Honolulu, HI 96813

Dear Mr. Mozley:

\. • • STATE OF HAWAII



P.O. BOX 621


SEP -9 1993

Commission Submittal for your Water Use Permit Manawainui Ground Water Management Area. Molokai



J. DOUGlAS lNG, ESQ. RICHARD H. COX, P.E.

GUY K. FWIMURA


The Commission on Water Resource Management will be acting on your water use permit application for your Ooia Dug, Orca Shaft 61, Or~ 62, Orca 63, and South Hoolehua Wells (Well Nos. 0604-01,0605-01 to 03, and 0706-02 ,respectively) at its September 15, 1993 meeting at 1:30 p.m. at the Mitchell Pauoli Center.

A copy of the submittal for action on your water use application is enclosed for your information and review . You may wish to attend the meeting in case the Commissioners have questions regarding your application. Otherwise, we will notify you of the Commission's

. decision soon thereafter.

If you have any questions, please contact Roy Hardy at 587-0274.

RH:fc Attach.

Sincerely,

RAEM. LOUI Deputy Director

o

September 8, 1993

OJ TRAIS~IT'lAM

Total numbe~ of .a9.'~ -1-(ineludin9 cover P.ge)

70; FAX.a.:

!"ROM:

Itot Bareir, DLRR '81-0219

I5terlin9 Chow /

•

SUB.1ICT: Info on Holokai WU, Applioants Granger, DBHL, Mclokai Ranch

(1) Granger:

See rile Ref: JOHNSON DE. Well 0456-01 (Kamakana Dug) in use. Site visit Rovember 11, 1992.

(2) J)HHL

well. 0801-01 (Xauluwai) and 0801~02 (Rauluwai 2) in use. Sources for DHH~ water sy.tem. Site visit October 7. 1992. Workino on report.

(3) Holok.i Ranoh

.) Noll 604·01 (ooi a Ou; W~11j. This Holoka .noh and Molokar-t1eotrie. It is 0 ad by Molokat Ranoh and o»erated ~y Kolokai Rlectrie for ,fire Tho field visit oonfirmed that the well ia not properly and was a •• igned a new nam.and number ~~ (Naiwa nug), see write up of this v.ll i~ r11- Re: OIAI BL!CTRIC. "It 1. the oftlr well 1n ~ •• by Molokai Ilectrie. NO~I: !o ad4 to the Qon!uaion, the~e mal b. a t1Po in the WUPA status list were Haui el.Qt~ic's well 0'04·21 (X.iw.MICO Irr '1) is listed as OS04-Q1. s~t. visit OD Deoamber 9, 1992.

starlin, J. t. Chat !ng1utering Ind Plannlui Str'i~el 61S Piikoi Street, Suit. 1601 I Honolulu, Hawaii '6814 I (80.) 524-13" I tar ("'1 536-1'75

a3M 26-8 -d3S

.. ...

o o

b) The three Orca wells are in us. by Molokai Ranch's lessee Molcka1 Sea Parms. None of the thr •• wells are in the OW Index. All were inapected and in u •• on December 9, 1992. Well 060'~Ol (Or~a Shaft 11) in use fo~ aquaculture operation. Well 0605-02 (Orca well #2) used as backup in aquaculture operation. well OfO'!·O" (Orce. Well '3) in usa for a~uaculture operation, None of the wells are metered.

c) Well 0706~02CSouth Hoolehua Dug) not 1n u~e. ~e9istered by both Mo]okai Ranoh and Hawaiian Research (Pile ~cf: HAWN RESEARCH). Hawai.ian Research's lease was terminated in August, 1992. Site visit with Moloka! ~anch December 9; 1992. Site visit with Hawaiian Research octobet 5, 1'92.

Please call me when you return if you need more information. I'll complete these reports as soon as possible.

:.I

:c:: 121 • d • d ~ 0 :;:) M tI ., 11;;1 N n ..... d M 3 H 1. -..1.·~tI'I"':w:-r--t ... t--! -6o--~~-------a3M £6-8 -d3S

REFERENCE

WATER USE PERMIT APPLICATIONS (5 APPLICATIONS @ $25/EACH)

'LEASE DETACH THIS STATEMENT BEFORE DEPOsiTING CHECK

DATE YOUR INVOICE NO.

I

09 08 93

GT 54907TOO (21)

MAUl ELECTRIC CO .• LTD. p. O. BOX 398

KAHULUI. HAWAII 96732

AMOUNT

: 125 00

I

THIS CHECK IS TENDERED IN PAYMENT OF ITEMS LISTED

f{j)p (~----~fl----tVGZC-AJrP .. 4_· .... 0(,0'3"';: 0 (p .~;. 07

". ~ rio4-~ () 3 -;" (J4--!;'ci ~

a

• State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES Commission on Water Resourc.~ Management RECEI VEO

Honolulu, Hawan

AUG 2( 1993

REF:WRM-KY

MEMORANDUM


FROM:

SUBJECT:

vP<?restry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Mairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Direct~ Request for Comments Water Use Permit Applicatio

-g3 A~ 27 P3 :24

Maunawainui Ground Water Management Area. Molokai

Transmitted for your review and comment is a copy of a water use permit application for Molokai Ranch, Ltd. for Well No. 0604-01. Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 &: 30, 1993.



LN:ky Attachments

Response: Contact person: _______ _

REF:WRM-KY

• State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES Commission on Water Resource Management

Honolulu, Hawaii

AUG 2 ( 1983

MEMORANDUM


FROM:

SUBJECT:

Forestry and Wildlife Historic Preservation La!ld Management

$atural Area Reserve System Office of Conservation and Environmental Mairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Direct~ Request for Comments Water Use Permit Applicatio Maunawainui Ground Water Management Area. Molokai

Transmitted for your review and comment is a copy of a water use permit application for Molokai Ranch, Ltd. for Well No. 0604-01. Public notice of this _cP_ application will be published in the Honolulu Star Bulletin issues of Angus!, 23 & ~ 1993. f?'~l ~

~G..',~\ We would appreciate your review of the attached application and pl~~

this fonn by September 14. 1993. 1'\'\"~:; ~.~:..:.'& -0

If you have any questions regarding this application, please contact R~~~dy a~ 587-0274 or Lenore Nakama at 587-0218. r.~:~,~ ~,

~"",", ~ t~:..-;~

, ... ,.,""1,

'-

LN:ky Attachments

DOFAW HAS NO COMMENTS OR OBJECTIONS TO THE " ,;;j.;' PROPOSED REQUEST. ,,;«:J

C


() We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extend r view . od requ ed

Signed: !:.qL...J.'-I-~~~::::"'---

Phone: ____ _

Date:

-4----~

AUG 27 ISB3

REF:WRM-KY

MEMORANDUM

TO:

FROM:

SUBJECT:

~uatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Mfairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Direct~ Request for Comments Water Use Permit Applicatio

RECEIVED

Maunawainui Ground Water Management Area. Molokai

Transmitted for your review and comment is a copy of a water use permit application for Molokai Ranch, Ltd. for Well No. 0604-01. Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.



LN:ky Attachments


( ) We have no comments ( ) We have no objections 06 Comments attached /( ) Additional information requested ( ) Extended review period requested

Sign~ h.cA4L

Phone: ________ __

Date: t/S/?3

State of Hawaii Department of Land and Natural Resources

DIVISION OF AQUATIC RESOURCES

September 2, 1993

MEMORANDUM

TO

FROM:

SUBJECT:

Rae M. Loui, Deputy Director Commission on Water Resource Management

Henry Sakuda, Administrator Division of Aquatic Resources

Comments on water use permit application for MoIokai Ranch, Ltd. for Well No. 0604-01 in the Maunawainui Ground Water Management Area, Molokai

The application is for an existing well at low elevation in Manawainui near the Palaau Government Road. Approximately 150,000 gallons of brackish water are pumped per day for industrial use, and the pump serves as a stand-by fire pump for the nearby Maui Electric generating plant. There is no potential for dewatering of streams. We have no objections from the aquatic resources standpoint.

STATE OF HAWAII

OFFICE OF HAWAIIAN AFFAIRS

711 KAPIOLANI BOULEVARD. SUITE 500

HONOLULU. HAWAII 96813-5249

PHONE (808) 586-3777

The Honorable Keith W. Ahue State of Hawaii

FAX (808) 586-3799

September 2, 1993

Department of Land and Natural Resources Commission of Water Resource Management P.O. Box 621 Honolulu, Hawaii 96809 Attn: Mr. Manabu Tagomori, Deputy

Dear Mr. Ahue:

We have received the following water permit applications. the opportunity to review these applications:

Water Mgt. Amount Requested Applicant Name Area (gpd) Tax Map

Molokai Ranch Manawainui 500,000 5-2-11 : 22 Molokai Ranch Manawainui 100,000 5-2-11 : 22 Molokai Ranch Manawainui 150,000 5":2-11 : 29 Molokai Ranch Manawainui 40,000 5-2-11 : 22 Molokai Ranch Manawainui 500,000 5-1-02:18 Hawaiian Res. Kamilo1oa 430,000 5-3-03: 1 Hawaiian Res. Kamilo1a 480,000 5-3-05:3 Maui Dept. 864,000 Various Maui Dept. 432,000 Various DHHL 500,000 Various

Clara Brito Ua1apue 50,000 5-7-08:7 R.M. Granger Kawela 25,000 5-4-001 : 011 John W. Iaea Kawela 1,000 5-4-01:52 J.N. Urauchi Kapualei 1,000 5-6-011:016

Thank you for

Well Number

0605-01 0605-02 0604-01 4-- o~~ - cq ~ 0605-03 '--0706-02 0501-04 0601-01 1059-01 0457-01 0801-01 0801-02 0448-07 0456-01 0456-16 0352-12

We have no comments or concerns regarding permit applications for Wells Nos. 1059-01, 0457-01, 0801-01, 0801-02, 0448-07, 0456-01, 0456-16, and 0352-12.

/ ..

",'

., .,

Water Permit Applications Sept. 2, 1993 Page 2

We are concerned with the amounts of water requested by Molokai Ranch and Hawaiian Research (the combined requests amount to 2,200,000 gallons per day). We feel that the amounts requested are high and will further constrain water usage to other users in the area.

As you know, the Island of Molokai has few aquifers with very limited capacity. In addition, rainfall occurrence in the area is low and unpredictable and the prospects for replenishment are uncertain. Therefore, in granting water permits for these two applicants, we urge you to consider that the Department of Hawaiian Home Lands has' large land holdings on Molokai and has been unable to develop these lands because of limited water supply.

In reviewing the water permit applications we have found some inconsistencies in the procedure to determine water demands. In most applications, particularly those with high water demands, the quantity of water requested was based on either the capacity of the operating water pump, number of pumping hours, or number of sprinklers, rather than on water consumption for a specific use per se (i.e., food crops,

standardize procedures to determine water demands based on specific 11 ~ ~ ~~ ornamentals, acquaculture, and so on). We urge the Commission to I . uses. We feel that such procedures would lead to improved water use U ', . .1 ' u / efficiency and will dispel any sense Qf differential treatment in aJt.~ ()'\ ~ granting water permit applications. ;co l'»~ ~

S· cere 1 y yours, I. r .. .. w-e--lAJ ~ ----~ ..

LM:sk ",

~ ~Ajv.,~;"" ~ i..

Clayton H .. Hee ~ ~I ,

Chairpe Office

REF:WRM-KY

• State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES Commission on Water Resource Management

Honolulu, Hawaii d'~~

TO: i- ~~~ __ ADMINISTRATOR ~ ~~~ AUG 2 ( 1993 -- ASST ADl.;'iN. ,0 ~ ~ - DEV BR. ~ ~.A~ __ PLAN.L.'R. .1! '~~ __ RES. ;,)GT BR. cr ~_ 'Id' __ PRO), CONTROL -.;,JI'" "-

-- SW REC. PLAN. .:e> MEMORANDUM

__ CLEHleAl STAFF __ ADMIN ASS'T.

Aquatic Resources Foresny and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs

~tate Parks

__ ARCH.4EOLOG/STS FOR: __ CIRCULATE/POST _ COMMENTS & REO. __ DRAFT REPLY _fILE _ FOll.OWUP _ INFO. - i;W;H (DUE __ -IJ _ S;;:f'tE Water and Land Development

Other Interested Parties _ Si::;~J COPY TO' ___ _

SUBJECf:

Rae M. Loui, Deputy Direct~ Request for Comments W er Use Permit Applicatio M awainui Ground Water Mana ement Area Molokai

Transmitte for your review and comment is a copy of a water use permit application for M lobi Ranch, Ltd. for Well No. 0604-01. Public notice of this application will b published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.

ppreciate your review of the attached application and please return ..... 1hA-r 1 1 3.

If you hav: any questions regarding this application, please contact Roy Hardy at 587-0274 or Lenore Nakama at 587-0218.

LN:ky Attachments

Response: Contact person: Ws:tIl, he:~ have no comments ( ) We have no objections ( ) Comm attached ( ) Addi . n information requested ( ) Extended r vi p' d requested

Signed: --+-H~------ Date: ... ' . --a.....,. ........... f-"'-",

'-

, .~

'i.", ,~

e •

JOHN WAIHEE

GOVERNOR OF HAWAII

• STATE OF HAWAII



Mr. Jim Mozley Molokai Ranch, Ltd. Four Waterfront Plaza, Ste. 400 500 Ala Moana Blvd. Honolulu, HI 96813

Dear Mr. Mozley:

P. O. BOX 621


/lJJG 3 0 1993

Application for a Water Use Permit Maunawainui Ground Water Management Area. Molokai

We acknowledge receipt, on July 13, 1993, of your completed water use permit application for the Ooia Dug Well (Well No. 0604-01).

KEITH W. NiUE CHAIRPERSON


RICHARD H. COX. P.E. GUY K. FUJIMURA

J. DOUGLAS ING. ESQ.

RAE M. LOUI. P.E. DEPUTY

Normally, one can expect their application to be processed within ninety (90) days from the date of receipt. However, a condition imposed by the Commission during designation proceedings is temporarily holding final action on all water use permit applications on Molokai pending review by the Molokai Task Force. This may cause your application to go beyond the normal action tiine limit.

We will be sending you a copy of the public notice for your application and any further information regarding the status of your application. In addition, we may need to visit and verify your proposed water source and use sites if we have not done so already under our registration program.


LN:fc

Sincerely,

RAE M. LOUI Deputy Director

• • JOHN WAIHEE

GOVERNOR OF HAWAIf KEITH W. AliUE

CHAIRPERSON

JOHN C. LEWIN. M.D.

STATE OF HAWAII ROBERT S. NAKATA

RICHARD H. COX. P.E.



GUY K. FUJIMURA

J. DOUGLAS ING. ESQ.

P. O. BOX 621


RAE M. LOUI. P.E.

AUG 30 /993

Mr. Mike Ribao Maui Electric P.O. Box 378 Kaunakakai, HI 96748

Dear Mr. Ribao:

Applications for a Water Use Permit Maunawainui Ground Water Management Area. Molokai

We acknowledge receipt, on July 16, 1993, of your completed water use permit applications for the Naiwa Dug Well, Naiwa-Meco Open Pit, Naiwa-Meco Irr #1 Well, Naiwa-Meco Cooling Tower Well, Naiwa-Meco Irr #2 Well (Well Nos. 0603-~7, 0604-03 to 05, and 0603-06). Please submit the original application forms for inclusion in our files.

DEPUTY

We also acknowledge receipt of your water use permit application for the KaluaapuhiMeco stream diversion (Stream Diversion No. 0604-01). Since this source is surface water in nature and the central portion of Molokai is a water management area for ground water only, it is unnecessary for you to obtain a water use permit from the Commission at this time. Therefore, we are returning your application for water use permit for this surface water source.

Also enclosed is the check for $150.00 which covers the filing fee for your five well sources and the surface water source. Please submit a check for $125.00 for processing of the five well sources which require a water use permit.

Upon receipt of the filing fee, we will continue to process your water use permit applications and will send you a copy of the public notice and any further information regarding the status of your applications. You can expect your applications to be processed within ninety (90) days from the date of receipt unless there are objections to your application.


LN:fc

encl.

Sincerely,

.. ~~. /RAE M. LOUI Deputy Director

~ .. o • State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT

• Department of Land and Natural Resourf!ls . ~.' "'.

APPLICATION FOR WATER USE· PERMIT

ri Ground Water or 0 Surface Water In"Nedon.1 ....... print In Ink 0' type oncI ,.nd oomp"'''' ,ppllo,lIon with Inachmllntl to the Convnlulon on Wet., ReoolNC. Moneo.meM. P.O. 80_ 121. Honolulu. Hlweil 86808. Applloltlon muon be ICcomplniM .. ., I non-ro'und ..... tiline 'M o. Ut.OO p • ., ..... to the o.pt. o' LoncI end Non", .. Re •• INC.'. The Commlllion m • ., not ICC.pt Incomp"l •• ppUclllon.. For ".'ltenc •• c" the R.gulltlon Blench lit 111700221 lnelghbor I.,ond •• HtOO·4.,IH844I.

PERMITTEE INFORMATION

1. (a) APPLICANT Firm/Nam. MAUl ~ Cowtf?P'ty,ltO?- t(10LOt:1:1 Q'I/.

~::::: P"~h4:' [>?--22?4;' ..

SOURCE INFORMATION

2. WATER MANAGEMENT AREA: MAUtJ,AWAI tJu I ISLAND: xtpLo~I 3. (a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER:~M gYfjg@pJ °"0+:01 Q:&UMPUI!'-

(b) PROPOSED (NEW) WELLJDIVERSION NAME: t:A LAII kAfU HI -!(Is£<? '?fg.eec't1!1vHs,cN tIIeCc? ) (e) LOCATION: Addr... \:;A klAN'f'lA H' flStl ppdO. TIX Mep K.y 2 . z. . II : z...s. (Anach a USGS map. ICai. 1· - 2000'. and a prop.rty tax map lhowlng aouro.looadon r.f.renold to .. toblllhld prop.rty boundlri ... )

4.· SOURCE TYPE (ch.ck on.): 0 Stream 0 Bal" C Dike-oonflnad C Perchad 0 Clprock

5. METHOD OF TAKING WATER (ch.ck on.1: C Artl.an C w.u • Pump S'Dlv.rtld Surfao. C Other 'Ixplain)

USE INFORMATION \

6. LOCATION OF PROPOSED WATER USE: (If po.llb' •• lhow on uma map ... lourc. location. Otherwl ... anaoh limi/.t map.) (a) Propolld u .. of w.tar II: aExi.dng a N.w a Both .xi,dng • new u... \ (b) Tax Map K.y: c;z. Z • II : z.'E:1 (If location of UI. II ow, muldpl. TMKa. pl .... oompl.tI Tebl. 1 on bKk of epplicltion) (e) Addr ... : __________________________________ _

(d) Current Land U .. Dlltrlot (ch.ck one): a Urban ~arfcultu,. ~)Cu".~Coun~Zo~ngC~~-------~A~~~B~I~C~U~l,~~~~~ ______________ ~

a Cone.IVldon a Aur"

7. QUANTITY OF WATER REQUESTED: __ .....:I .. I°;...O;.....:;;;O;........~ ___ _ gallon. per day

8. METHOD OF MEASUREMENT: C Aowmeter Cw .. , C Orlflo. C Other (Ixplain)

9. QUALITY OF WATER REQUESTED: a Fr .. h as ... a Potabl. CJ Non-Pqtlbl.

10. PROPOSED USE: a Munlcip" (Including hot .... ItO"I •• to.)

a /ndu.tri ..

Blrrig'ti4n

C Other (~xpllin)

For qu .. lionl 12 • 13: "multipl. TMKI ar. involvld. pi .... compl.t. Tebl. 1 on beck of eppleldon •

. 11. TOTAL NUMBER OF RESIDENCES TO BE SERVED: 12 .. TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: f'M?!M\tf Z , ry,1\1:U 10 l-A1-J t?XAJ31

(.ar"' (crop) 13. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: __ -...~_-__ ~ ___ _

. (dlydmt hOJri .f Of*.uon •• x. 1 I.m. ·to 2 p.m.)

14.

15.

APPLICANT MUST BRIEflY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Su.tainabll yilld (1): (b) Inltrlam Aow Standard. affected (1): (e) Hawaiian Hom. Land. us. affected (1)· ___ --__________________ _

(d) Other I,d.ting Ilgal U.I. Ifftctld (1): (.) Oth.r (plnding permit!. EIS •• ~,=.H7): ___ :--_

REMARKS. EXPlANATIONS: *' "'IOl)~ L-I ~ \11' 65- lA. ~B'O Foe..· fkrrvl~E:; 1(2.-¢-1c.. A11 ol\I/,q"...t-l-r' \II~& (

NOTI: .... ~ ................... ___ .... II •• _ ............. ., ..... _. .. c:_wl' •• ' ,"'w_ ................ _ ... ..- ............ _ ..... ___ -....In..-...... .......... __ ............ ___ ......... _. .. c 't1 .... H ..... "-\.ANIfIAft-. ... ~ ....... ........ __ • ___ ......... _-.,_ ..... _ .. ..-.. ......... 0 ............ ,...,.._

Applicant (print) t{I1@GV- e @teeD

Signature ~/? ~ Oat. ,7Uy( 1%, 129;)

For Offici" U .. Only: Olt. R.clivld _____ _ Hydrologic Unit No. ____ _ Otll Acclplld _____ _

DivII.ion WOrkl No. _____ -Stlt. WoU No. _____ _

i

REF:WRM-KY

State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES

Commission on Water Resource Management Honolulu, Hawaii

AUG 2 l 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy DirectfY

Request for Comments Water Use Pennit Applicatio . Maunawainui Ground Water Management Area. Molokai

Transmitted for your review and comment is a copy of a water use pennit application for Molom Ranch, Ltd. for Well No. 0604-01. Public notice of this

, application will be published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.



LN:ky Attachments


() We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: _________ _

Phone: ____ _

Date: _____ _

,


o


(. -




GUY K. FUJIMURA

P.O. BOX 621


RAE M. LOUI, P.E.

REF:WRM-KY PJ.Jj 2 7 J993

MEMORANDUM

TO: Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands



Mr. Goro Hokama, Chair County Council County of Maui

Mr. Byron S. Walters, Chair Board of Water Supply

County ofMaui ~ /~~" FROM: ~eith W. Ahue, ~~on if· ,~ .

t) ~ommission on Water Resource M gement

SUBJECT: Water Use Permit Application Maunawainui Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use permit application for Molokai Ranch, Ltd. for Well No. 0604-01. Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.

We would appreciate your review of the attached application and please return this form by Sq!tember 14. 1993.


Attachments



Signed: _________ _

Phone: ________ __

Date: _____ _

DEPUTY


REF:WRM-KY

o



P.O. BOX 821


PJJG 27 1993

Honorable tinda Crockett tingle, Mayor County of Maui 200 South High Street Wailuku, HI 96793

Dear Mayor tingle:

Notice of an Application for a Water Use Permit Maunawainui Ground Water Management Area. Molokai

KEITH W. AHUE CHAlIIPIRSOH



GUY K. FWIMURA


In accordance with the Department of Land and Natural Resources Administrative Rules, Section 13-171-17(a), we are sending you a copy of the public notice for the water use permit application for the Molokai Ranch, Ltd. for Well No. 0604-01, which will be published in the Honolulu Star Bulletin.

In addition, Section 13-171-13(b) of our Administrative Rules states:

"Within sixty days after receipt of notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with the county land use plans and policies."

We have attached a copy of the application for your review and would appreciate receiving your comments, within the next sixty (60) days, on whether this water use is consistent with county plans and policies.

Ene.

PUBUCNOTICE

Applications for Water Use Permits Ground Water Management Areas

Applications for the following water use permits have been received and are hereby made public, in accordance with Department of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas."

Kupa weB (WeB No. 0501-(4) Applicant: Hawaiian Research Ltd.

P.O. Box 40 Kalmakakai, HI 96748

Date Completed Application Received: July 13, 1993 Aquifer: Kamiloloa System, SouthPMt Sector, Molom Well Source: Kupa Well, Well No. 0501-04, at Kalmalrakai, Molokai at Tax Map Key: 5-3-8:23 Quantity Requested: 430,000 gallons per day Existing Water Use: Irrigation of 30 acres 'of corn and sorghum. Place of Water Use: Kalmakakai at Tax Map Key: 5-3-3:1

Kamakakai WeB (WeB No. 0601-01) Applicant: Hawaiian Research Ltd.

P.O. Box 40 Kaunakalcai. HI 96748

Date Completed Application Received: July 13, 1993 Aquifer: Kamiloloa System, Southeast Sector, Molom Well Source: Kmmakakai Well, Well No. 0601-01, Kaunakalcai. Molokai, at Tax Map Key: 5-3-3:1 Quantity Requested: 480,000 gallons per day Existing Water Use: Irrigation of 40 acres of com and SOIghum Place of Water Use: Kalmakakai at Tax Map Key: 5-3-5:3

Johnson WeB (Well No. 0456-(1) Applicant: R.M. Granger


Date Completed Application Received: July 6, 1993 Aqyifer: KaweIa System, Southeast Sector, Molokai Well Source: Johnson Well, Well No. 0456-01, near KakaJuria Pond, Molokai at Tax Map Key: 5-4-1:11 Ouantity Requested: 25,000 gallons per day Existing Water Use: Irrigation of 4 am!S of pasture I: com Place of Water Use: Near ICabhaia Pond at Tax Map Key: 5-4-1:11

Kawe1a-Iaea #3 (Well No. 0456-16) Applicant: John Wm. Iaea, Sr.

P.O. Box 405 Kalmakakai, m 96748

Date Completed Application Received: July 1, 1993 Aquifer: Kawe1a System, Southeast Sector, Molom

o

Well Source: Kawe1a-Iaea #3 Well, Well No. 0456-16, Kaw~ Molokai, at Tax Map Key: 5-4-1:52 Quantity Requested: 1,000 gallons per day Existing Water Use: Domestic supply for 3 homes and irrigation of 2 acres of flowers Place of Water Use: Kawe1a. Molom at Tax Map Key: 5-4-1:52

Kawe1a Shaft (Well No. 0457-01) Applicant: Maui Dept. of Water Supply

P.O. Box 1109 Wailuku. MaW, m 96793

Date Completed Application Received: June 9, 1993 Aquifer: Kawe1a System, Southeast Sector, Molokai Well Source: Kawe1a Shaft Well, Well No. 0457-01, Kaw~ Molokai, at Tax Map Key: 5-4-1:50 Quantity Requested: 432,000 gallons per day Existing Water Use: Municipal for the Maui Dept. of Water Supply Kaunabkai-KaweJa System Place of Water Use: Wltbin the Kalmakakai-Kawe1a Water System at various Tax Map Keys

DllliL 1 (Well No. 0801-01) DllliL 2 (Well No. 0801-02) Applicant: Dept. of Hawaiian Home Lands

P.O. Box 198 Hoolehua, I:U 96729

Date Completed Applications Received: July 6, 1993 Aquifer: Kualapuu System, Central Sector, Molokai Well Sources: DllliL 1 &: 2 Wells, Well Nos. 0801-01 and 02, north of Puu Luahine Crater, Molokai at Tax Map Key: 5-2-10:3 Quantity Requested: 500,000 gallons per day Existing/New Water Use: Cuuent and foreseeable domestic DmR. needs Place of Water Use: Hoolehua, KaJama.u1a, and KaJae at various Tax Map Keys

Waikalae Tu1mel (WeR No. 1059-01) Applicant: Maui Dept. of Water Supply

P.O. 80I 1109 Wailuku, MaW, m 96793

Date Completed Application Received: July 7, 1993 Aquifer: Kualapuu System, Central Sector, Molokai Well Source: Waika1ae Tunnel, Well No. 1059-01, WailraJae, Molokai, at Tax Map Key: 5-2-14:2 Quantity Reguested: 864,000 gallons per day Existing Water Use: Municipal for the Maui Dept. of Water Supply Kalae System Place of Water Use: Wtthin the Kalae Water System at various Tax Map Keys

(more)

Ooia Dug WeD (WeD No. 0604-01) Applicant: Molokai RanclI, Ltd.

500 Ala Moana Blvd. Honolulu, HI 96813

Date Completed Application Received: July 13, 1993 Aguifer: Maunawainui System, CA!DtralSector, Molokai Well Source: Ooia Dug WeD, Well No. 0604-01, PaJaau Government Road, Molokai at Tax Map Key: 5-2-11:23 Quantity Requested: 150,000 gallons per day Existing Water Use: IDdustrial use (fire &: dust COIIb:oI) Place of Water Use: PaJaau Govemment Road at Tax Map Key: 5-2-11:29

On:a Shaft #1 (WeD No. 0605-01) Applicant: Molokai RanclI, Ltd.


Date Completed Application Received: July 13, 1993 AQuifer: Maunawainui System, Central Sector, Molokai Well Source: On:a Shaft #1, Well No. 0605-01, PaJaau Government Road, Molom at Tax Map Key: 5-2-11:22 Quantity Reguested: 500,000 gallons per day Existing Water Use: Aquaculture for 120 aaes of shrimp and fish Place of Water Use: PaJaau Government Road at Tax Map Key: 5-2-11:22

On:a Well #2 (Well No. 0605-02) Applicant: Molokai RanclI, Ltd.


Date Completed Application Received: July 13, 1993 Aquifer: Maunawainui System, Central Sector, Molokai Well Source: On:a WeD #2, Well No. 0605-02, Palaau Government Road, Molokai at Tax Map Key: 5-2-11:22 Quantity Requested: 100,000 gallons per day Existing Water Use: Aquaculture for 120 aaes of shrimp and fish Place otWater Use: PaJaau Government Road at Tax Map Key: 5-2-11:22

On:a WeD #3 (WeD No. 0605-03) Applicant: Molokai Ranc:b, Ltd.

soo Ala Moana Blvd. Honolulu, HI 96813

Date Completed Application Received: July 13, 1993 AQuifer: Maunawainui System, Central Sector, Molokai Well Source: On:a WeD #3, Well No. 0605-03, PaJaau GovemmeDt Road, Molokai at Tax Map Key: 5-2-11:22 Quantity Requested: 40,000 gallons per day Existing Water Use: Aquaculture for 120 acres of shrimp and fish Place of Water Use: Pa1aau Government Road at Tax Map Key: 5-2-11:22

(more)

$

South Hoolehua WeD (WeD No. 0706-02) Applicant: Molokai Ranch, Ltd.

500 Ala Moana Blvd. Honolulu, m 96813

Date Completed Application Received: July 13, 1993 Aquifer: Maunawainui System, Central Sector, Molokai

o

Well Source: South Hoolehua Well, Well No. 0706-02, paJaau Government Road, Molokai at Tax Map Key: 5-1-2:18 Quantity Requested: 500,000 gallons per day Existing Water Use: Aquaculture and iIrigation of 36 acres of coco palms place of Water Use: Palaau Government Road at Tax Map Key: 5-1-2:18

Uraucbi 111 Well (Well No. 0352-12) Applicant: John N. Uraucbi

P.O. Box 7 Kaunakakai, m 96748

Date Completed Application Received: July 16, 1993 Aquifer: Kawe1a System, Southeast Sector, Molokai Well Source: Urauchi 111 Well, Well No. 0352-12, Kapualei, Molokai at Tax Map Key: 5-6-11:16 Quantity Requested: 1,000 gallons per day Existing Water Use: Irrigation of 0.25 acres of various crops place of Water Use: Kapualei at Tax Map Key: 5-6-11:16

Mapulehu-5abas Well (WeD No. 0448-(7) Applicant: Clara Brito Sabas


Date Completed Application Received: July 9, 1993 Aquifer: UaJapue System, Southeast Sector, Molokai Well Source: Mapulehu-Sabas Well, Well No. 0448-07, Mapulehu, Molokai at Tax Map K y: 5-7-8:7 Quantity Requested: 50,000 gallons per day Existing Water Use: Irrigation of 1 acre of taro, coconuts, and various other fruits and vegetables place of Water Use: Mapulehu, MoioD at Tax Map Key: 5-7-8:7

(more)

iii. .!U

· . , ,

Written objections or comments on the applications for water use permits may be filed by any person who has property interest in any land within the hydrologic unit of the source of water supply. any person who will be directly and immediately affected by the proposed water use. or any other interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact. law. or policy, to which objections are taken; and (3) state all grounds for objections to the proposed permits. Send written objections by September 14, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809, and 2) a copy of the objection letter(s) to the applicant at the above address.


~~~ Chairperson

Dated: AUG '1 f. Publish in: Honolulu Star Bulletin issues of August 23, 1993 and August 30, 1993

JOHNWAIHEE KEITH W. AHUE CH"'APEIISOH

GOVERNOR OF HAWAII

Mr. Jim Mozley Molokai Ranch, Ltd. 500 Ala Moana Blvd. Honolulu, HI- 96813

Dear Mr. Mozley:


COMMISSION ON WATER RESOURCE MANAGEMENT •. P.O. BOX 62 •

HONOlULU, HAWAII D680II

Pill 21 1993


J. DOUGLAS lNG, ESO. RICHARD H. COX, P.E.

GUY K. FUJIMURA

RAE M. LOUI, P.E. DEI'IITY

Enclosed is a .copy of the public notice for your water use permit applications for Well Nos. 0604-01, 0605-01 to 03, &: 0706-02 which will be published in the Honolulu Star Bulletin issues of August 23 &: 30, 1993.

Please be aware that there may be objections to your application. If objections are made, the objector is required to file such objections with the Commission and is also required to send you a copy of the objections.

You, or any other party, may respond to objections by filing a brief in support of your application with the Commission within ten (10) days of the filing of an objection. You, or the .other party, must also send a copy of the response to the objector.

-, If you have any questions, please contact Roy Hardy at 587-0274 or Lenore Nakama at

587-0218.

LN:ky Encl.

M. LOUI Deputy Director

PUBlJC NOTICE

Applications for Water Use Pennits Ground Water Management Areas

Applications for the following water use permits have been received and are hereby made public, in accordance with Department of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas."

Kupa Well (Well No. 0501-04) Applicant: Hawaiian Research Ltd.

P.O. Box 40 Ka~HI 96748

Date Completed Application Received: July 13, 1993 Aquifer: Kamiloloa System, Southeast Sector, Molokai Well Source: Kupa Well, Well No. 0501-04, at Ka~ Molokai at Tax Map Key: 5-3-8:23 Quantity Requested: 430,000 gallons per day Existing Water Use: Inigation of 30 acres of com and sorghum Place of Water Use: Kaunakakai at Tax Map Key: 5-3-3:1

Kaunakakai Well (Well No. 0601-01) Applicant: Hawaiian Research Ltd.


Date Completed Application Received: July 13, 1993 Aquifer: Kamiloloa System, Southeast Sector, Molokai Well Source: Kaunakakai Well, Well No. 0601-01, Kaunakakai, Molokai, at Tax Map Key: 5-3-3:1 Quantity Requested: 480,000 gallons per day Existing Water Use: Inigation of 40 acres of com and sorghum Place of Water Use: Kaunakakai at Tax Map' Key: 5-3-5:3

Johnson well (Well No. 0456-01) Applicant: R.M. Granger


Date Completed Application Received: July 6, 1993 Aquifer: Kawela System, Southeast Sector, Molokai Well Source: Jolmson Well, Well No. 0456-01, near Kakahaia Pond, Molokai at Tax Map Key: 5-4-1:11 Quantity Requested: 25,000 gallons per day Existing Water Use: Inigation of 4 acres of pasture & com place of Water Use: Near Kakahaia Pond at Tax Map Key: 5-4-1:11

Kawela-Iaea #3 (Well No. 0456-16) Applicant: John Wm. Iaea, Sr.


Date Completed Application Received: July 1, 1993 Aquifer: Kawela System, Southeast Sector, Molokai Well Source: Kawela-Iaea #3 Well, Well No. 0456-16, Kawela, Molokai, at Tax Map Key: 5-4-1:52 Quantity Requested: 1,000 gallons per day Existing Water Use: Domestic supply for 3 homes and irrigation of 2 acres of flowers place of Water Use: Kawela. Molokai at Tax Map Key: 5-4-1:52

Kawela Shaft (Well No. 0457-01) Applicant: Maui Dept. of Water Supply

P.O. Box 1109 Wailuku, Ma~ HI 96793

Date Completed Application Received: June 9, 1993 Aquifer: Kawela System, Southeast Sector, Molokai Well Source: Kawela Shaft Well, Well No. 0457-01, Kawela, Molokai, at Tax Map Key: 5-4-1:50 Quantity Requested: 432,000 gallons per day Existing Water Use: Municipal for the Maui Dept. of Water Supply Kaunakakai-Kawela System Place of Water Use: Within the Kaunakakai-Kawela Water System at various Tax Map Keys

DHHL 1 (Well No. 0801-01) DHHL 2 (Well No. 0801-02) Applicant: Dept. of Hawaiian Home Lands

P.O. Box 198 Hoolehua, HI 96729

Date Completed Applications Received: July 6, 1993 Aquifer: Kualapuu System, Central Sector, Molokai Well Sources: DHHL 1 & 2 Wells, Well Nos. 0801-01 and 02, north of Puu Luahine Crater, Molokai at Tax Map Key: 5-2-10:3 Quantity Requested: 500,000 gallons per day Existing/New Water Use: Current and foreseeable domestic DHHL needs Place of Water Use: Hoolehua, Ka]amaula, and Kalae at various Tax Map Keys

Waikalae Tunnel (Well No. 1059-01) Applicant: Maui Dept. of Water Supply

P.O. Box 1109 Wailuku, Maui, HI 96793

Date Completed Application Received: July 7, 1993 Aquifer: Kualapuu System, Central Sector, Molokai Well Source: Waikalae Tunnel, Well No. 1059-01, Waikalae, Molokai, at Tax Map Key: 5-2-14:2 Quantity Requested:- 864,000 gallons per day Existing Water Use: Municipal for the Maui Dept. of Water Supply Kalae System Place of Water Use: Within the Kalae Water System at various Tax Map Keys

(more)

$£

Ooia Dug Well (Well No. 0604-01) Applicant: Molokai Ran~ Ltd.

500 Ala Moana Blvd. Honolul~fU 96813

Date Completed Application Received: July 13, 1993 Aquifer: MaWlawainui System, Central Sector, Molokai Well Source: Ooia DugWel.l, Well No. 0604-01, Palaau Government Road, Molokaiat Tax Map Key: 5-2-11 :23 Quantity Requested: 150,000 gallons per day Existing Water Use: Industrial use (fire & dust control) place of Water Use: Palaau Government Road at Tax Map Key: 5-2-11:29

Orca Shaft #1 (Well No. 0605-01) Applicant: Molokai R.an~ Ltd.


Date Completed Application Received: July 13, 1993 Aquifer: Maunawainui System, Central Sector, Molokai Well Source: Orca Shaft #1, Well No. 0605-01, Palaau Government Road, Molokai at Tax Map Key: 5-2-11 :22 Quantity Requested: 500,000 gallons per day Existing Water Use: Aquaculture for 120 acres of sluimp and fish place of Water Use: Palaau Government Road at Tax Map Key: 5-2-11:22

Orca Well #2 (Well No. 0605-02) Applicant: Molokai Ran~ Ltd.


Date Completed Application Received: July 13, 1993 Aquifer: MaWlawainui System, Central Sector, Molokai Well Source: Orca Well #2, Well No. 0605-02, Palaau Government Road, Molokai at Tax Map Key: 5-2-11:22 Quantity Requested: 100,000 gallons per day Existing Water Use: Aquaculture for 120 acres of sluimp and fish place of Water Use: Palaau Government Road at Tax Map Key: 5-2-11:22

Orca Well #3 (Well No. 0605-03) Applicant: Molokai Ranch, Ltd.


Date Completed Application Received: July 13, 1993 Aguifer: Maunawainui System, Central Sector, Molokai Well Source: Orca Wen #3, Well No. 0605-03, Palaau Government Road, Molokai at Tax Map Key: 5-2-11 :22 Quantity Requested: 40,000 gallons per day Existing Water Use: Aquaculture for 120 acres of sluimp and fish Place of Water Use: Palaau Government Road at Tax Map Key: 5-2-11:22

(more)

South Hoolehua Well (Well No. 0706-02) Applicant: Molokai Ranch, Ltd.


Date Completed Application Received: July 13, 1993 Aquifer: Maunawainui System, Central Sector, Molokai Well Source: South Hoolehua Well, Well No. 0706-02, Palaau Government Road, Molokai at Tax Map Key: 5-1-2:18 Quantity Requested: 500,000 gallons per day Existing Water Use: Aquaculture and irrigation of 36 acres of coco palms Place of Water Use: Palaau Government Road at Tax Map Key: 5-1-2:18

Urnuchi #1 Well (Well No. 0352-12) Applicant: JOM N. Urnuchi


Date Completed Application Received: July 16, 1993 Aquifer: Kawela System, Southeast Sector, Molokai Well Source: Urauchi #1 Well, Well No. 0352-12, Kapualei, Molokai at Tax Map Key: 5-6-11:16 Quantity Requested: 1,000 gallons per day Existing Water Use: Irrigation of 0.25 acres of various crops Place of Water Use: Kapualei at Tax Map Key: 5-6-11:16

Mapulehu-Sabas Well (Well No. 0448-07) Applicant: Clara Brito Sabas


Date Completed Application Received: July 9, 1993 Aquifer: Ualapue System, Southeast Sector, Molokai Well Source: Mapulehu-Sabas Well, Well No. 0448-07, Mapulehu, Molokai at Tax Map Key: 5-7-8:7 Quantity Requested: 50,000 gallons per day Existing Water Use: Irrigation of 1 acre of taro, coconuts, and various other fruits and vegetables Place of Water Use: Mapulehu, Molokai at Tax Map Key: 5-7-8:7

(more)

Written objections or conunents on the applications for water use permits may be filed by any person who has property interest in any land within the hydrologic unit of the source of water supply, any person who will be directly and immediately affected by the proposed water use, or any other interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to w:hich objections are taken; and (3) state all grounds for objections to the proposed permits. Send written objections"'by September 14, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809, and 2) a copy of the objection letter(s) to the applicant at the above address.


~~.AL--Chairperson

Dated: AUG f 11993

Publish in: Honolulu Star Bulletin issues of August 23, 1993 and August 30, 1993

JOHNWAIHEE

~ (J8!)0:1,..~ .. 'ZI~

GOVERNOR OF HAWAII

-.

1993 Al!:M;2t» 38 STATE OF HAWAII DE? T ;, povq~!NO. ESO. 'c' -d ,

C'O~~,n_r DEPARTMENT OF LAND AND NATURAL RESOURCES


P.O. BOX 621


RAE M. LOUI. P.E. IIIII'U1Y

REF:WRM-KY fJJJG 2 7 1993 ,till p.l~ , MEMORANDUM

TO: Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands



Mr. Goro Hokama, Chair County Council County of Maui

hr. Byron S. Walters, Chair Board of Water Supply

County of Maui ~~~ FROM: eith W. Ahue, ~~on . " ~mmission on Water Resource M gemen!

SUBJECT: Water Use Permit Application Maunawainui Ground Water Management Area. Molokai

D(.O'? _0/

Transmitted for your review and, comment is a cPi"Yof a water use permit application for Molokai Ranch, Ltd. for Well No~ Public notice of this application will be published in the Honolulu Star Bulletin issues of August 23 & 30, 1993.


If you have any questions regarding this application, please contact ~r.;Hard\t\8 587-0274 or Lenore Nakama at 587-0218. i':'<t J-'. A hm C" (,)

ttac ents r I" !:':'} "

Response: Contact person: ~,I?4t~ Phone: ,~. " f,./" ··.rt._ .::c.

:::i; .. ;, .. ,~f: ::: :~-;'i',:~ ... ;:; •• L!! 1""'/1 :~:; ;:1:, ,.....,

..t:;.

::0 ',"1'l " 'r}

Signed: ~'tPI.%--"""":....:::J'----- Date: ~ /f/f:f3

r

DATE

DATE

MOLOKAI RANCH. UMITED 0005590 DEDUCTION

• • ~~:,;,~~::i~N WATER RESOUR~lcf&ENT Department of L~nd and Natural Resource.

.. UJl tl I'm ': 2'3 APPLICATION FOR WATER USE PERMIT

mGround Water or o Surface ·Ol~!·~m~-~ \)!~,Tf.F{ '''iCE MAl\iAval,ENT

.... NCtIoMI ....... pm. in ink or type end MIICI ...,... ........ etIon wiItI __ "'-'C. t8 .... ~ 11ft W..., "--un;. ............... '.0. ID. 821. HoMIuIu. H.weil ...... AHlioetion _ 1M ............ ~. _fund ........ fee.f t •. OO!lOY ..... t8 .... Oepc. of Lend end N .... Ae_e. Tho Commillion moy not occopt Inoompllne .plleetlone. For .. __ • e ...... Roe\NIIon If ..... H700UI (nolo"'" ......... HIOCH ....... '.


1. (a' APPLICANT I

FirmJName MAul ~'" CO .• krQ- t<1olPI 0'1· Cont-=t Pe.eon h11l;& f2.teAo pta. ~~~-~,~ Add.eaa &t;i:J7fA, §"46 .

SOURCE INFORMATION

2. WATER MANAGEMENT AREA: Y!AU"'AWAIIJU I ISLAND: t(tot..o~l 3. (a' EXISTING WEWDIVERSION NAME AND STATE NUMBER: Weil·x t.:1lfO?? - 01 ( NA-! we PUG. )

fb' PROPOSED (NEW) WEWDIVERSION NAME: ________ ---_~ __ _ (el LOCATION: Add.e.a KAl..&tAkPUtt I Fltt! peN " Tu Map Key ~ ."2 ., I : ~~ (Anaeh 0 USGS IMP, .e •• ,. - 2000' • ...., ....... ,. ", .. howino eouroolooatlon raforonood to .oUbIiohoct property boundori ... )

::);=~:~;:G~~T~Rs=OM': ~:-.- ~:.= ~~=SUrf" ~=::~.n) USE INFORMATION

6. LOCATION OF PROPOSED'WAJER USE: Ilf poaiIIIe,lhow ~ .......... aouta.1oodon. OtMrwi .. , attach oimiJor mop.1 Ie) PropoMd u .. of wetor It: 19"~ 0 Now 0 loth ..... " MW u... Ib' T .. ,.., Key: Z .. ~ ." : ..., II (If IooatIon of UN It over multiple n.ec.. .... 00ItIpIete Tillie 1 on bMk ohpplieotionl (c) Add,...: X;'A-Id IA fY t+'i Aii!P0fO (d) Cu"anc LMd U .. Diatriot leheck OM.: 0 Urban er A~ C ConteIvedon (a' Cu"ant County Zonlno Code: Arya*IKUkT~

7. QUANTITY OF WATER REQUESTED: (~!,diqi?<2)) *" ~t.fW W""'IN'I.,nl' lA6t Ir-I 9V61-t1 GF A ~ ~ uph'1 gallona pe, "av

fbtt- 'Z4- ~) 8. METHOD OF MEASUREMENT: ~wrnot., 00,.,. .... C Ww 0 Oriftoe C Other Itxpltin)

9. QUALITY OF WATER REQUESTED: OF,. Os. C PottIIIe C Non-Potabl.

10. PROPOSED USE: C MuftIoiptI ClncIudI", ho., '*", ItO ••

OlndusUW

C I,rigation

m~~-, fi!Z6 rlK' .... ~-..

For quanoM 12 • 13: If muftiple TMKt ... involwcl, pi ... complec. Tillie 1 on beak of ..........

. 11. TOTAL NUMBER OF RESIDENCES TO BE SERVED: 12. TOTAL ACRES TO 8E IRRIGATED AND TYPE OF CROP: _____________ _

,.... (crop)

13. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: ~ ~e. - Z:?Oe «-f ~ ~ ~ Fttz.e ~a-l ~~ ~T46. I ;;;;m.e;a; "OP""'.'" ... 7 a.m. to 2 p.m.1

APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: ! (al Impact on Suatainable Vi.ad (1): MIN°rz.,J - \.'1m -m nee frr?6 =?Yt1J3!(! f,. A-"T nt41f l2E ft e.6 !!.

14.

(b) Inltream Flow Stan_a effected 11): ___________________ _ Ie' Hawaiian Home Land. u .. affected 17):..' ___________________ _

Cd) Other exilting leg" use. affected 17): (e) Other (pendi"G PI'lnits. EI$, ~.)(?)~ _ ... ~_

15. REMARKS. EXPLANA nONS: ..:tl!.!Z w~ 9w '<At IF 1~$7P EPfV 'f6WiW finT F I !2e:' OtW:'!9C1Qi:lt LAifl?g klb(1!@ 11) W~~TltJ~ AtJ.O ~J!1tk Fj e.p ~N AG !2er&ut g...ep. ~ ----w moq IpOCO .. __ ea, 00II ...... on 6iCiIi iiiiI

.. II: ..................................... ' •• _I111,... .. ., .... .., .. CI ................... 1 .... ..-......... _ .....

......... -. ......... _ ....... ,.... ... -.- .................. _ ..... .., .. c ILl ~ ............... WNlIWUI-. "'......-. ......

.............. ___ ..-.., ..... _ .................................... c. Ullll ..... _

Applicant (print' M 14tkE?v e ~ ete

Signature ~e M:t. Date WO/ I Z, 1923

Fo. Official U .. Onl.y: O.lI Recel\'td _____ _ Hydrologic Unit No. ___ _ Oote Acco'nOd _____ _

Qivoreton Wo~. No. _____ _ Sl ••• WoM No. _____ _

...... -- ..... --- -

16. REMARKS. EXPLANATIONS ,Int'd): • • ~

----------------------------------~~------------------------------

"

TABLE 1. MUL nPLE TMll.s TO USE REQUESTED WATER

.. .:; CURRENT '.' .. , .. , . .... ~OFTOTAL

,":,,;,; . :' .. . ;" ...

COUNTY . TOlE USED

ZONING TOTAL OVER NEXT

PROJECT NAME TMK CODE NET ACRES GPO/ACRE GPO 4 YEARS

,

,

--

. ~.

u

/ /

/

/ /

, ... '" ,

kUALAPUU - ~ -40203

HOOLEIfUA - 40201

. KALAUPAPA - 40401

KAHANUI - 40402

WAIKOLU - 40403

PROJECT AREA

MOI.OKAI

EXHIBIT 48

Molokai

, '" ~ ,

KUAlAPW - <40203

HOOLEHuA - ,,0201

. KALAUPAPA - 40401

KAH'&HUI - ~040Z

WAnCOlU - 40403

HYDROLOGIC UNITS - ISLAND OF MOLOKAI

Exhibit 1

A.AlUA - 40304

Molokai

• '~P~~'CA~'ON FOR WATER USE PE~~fll 13 P3: 42

13 Ground Water or 0 Surface Wa '11ntSSJOH m Wi. t:~. In.tNctlon.: PI .... print In Ink or type and lind compleJ!d applicltlon with attachmenti to thl Comml •• lo .• ,' ... ~'~~.l'f P.O. Box 621. Honolulu. HawaII 98809. Application mu.t b •• ccompanlect by I non-refundable flRng f" of U6.00 ply.bl. to the Dept. of Lend IndlJ.i'u/dl Reaourc ... Th. Commlulon may not ICC.pt Incompl.t •• ppllcltlon.. For .... IIt.ne •• can the R.gulltlOn Brlneh It 687-0225 (neighbOr ,.Iand •• '-8O().488-48441.


1. '(a) APPLICANT (b) LANDOWNER OF SOURCE

F1rmINam. Molokai Ranch. Ltd Firm/Name MOl oka; Ranch, I·td Contact Perlon _·.Jim Mozley ph.531-0158 A~~" Four Waterfront plaza. St 400

Contact Per,on, Jim,..:l4o:zl~y Ph' 531 -01 58 Addra .. Fonr Waterfront pl aza, St 400

SQQ Ala Ueafta, !lftl, Hi 96813 SeQ Ala Ueal"l:a,IIl"l:l, IIi 96813

SOURCE INFORMATION

2. 3.

WATER MANAGEMENT AREA: _-=M""'a .... n""'a ..... w .... a ... i .... n .... u ..... i _____________ ISLAND: Molokai

(a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER: Ooia Dug Well ~-1 0(,03-01-. (b) PROPOSED (NEW) WELL/DIVERSION NAME: ---:,N:..£./ ..... A ________________ _

(c) LOCATION: Addres. Pal aa l1 G0l7ernment Road " Tax Map Key 5- 2 -11: 23 (Attach. USGS m.p, .e.l. 1· .2000', .nd • property tax m.p showing soure.loeatlon ~fer.ncad to established property boundaries.1

4. SOURCE TYPE (check one): 0 Str •• m 0 B.sal ODlk.-confin.d 0 P.rched OlCaprock

5. METHOD OF TAKING WATER (check one): 0 Artesl.n ~W."" Pump 0 Diverted Surface 0 Other (explain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possible, show on sam. map •• s source location. Otherwise, attach similar maps)

(a) Proposed use of water is: 0 EXisting 0 N.w 1m Both .xi.tlng " n.w us .. (b) T.x Map'K.y: 5" 2' -" :2...", (If loo.tion of u •• i. ov.r multipl. TMK., pl •••• compl.t. Tabl. 1 on back of application) (c) Address: . pa J pan Government Road

(d) Current Land U •• District: o Urban 1J Agricultur. e Con.erv.tion o Rural (e) Current County Zoning Code: Agriculture

7. QUANTITY OF WATER REQUESTED: 150,QQQ gallons per day (averaged over 1 year)

8. METHOD OF MEASUREMENT: . 0 FIowmet.r o Op.n-plp. o Weir o Oriflc. '* Other (explain)

9. QUALITY OF WATER REQUESTED: o Fresh JJ Br.eklsh OSelt o Potable 0 Non·Potable

1 Q. PROPOSED USE: 0 Municlp.' Oncludlng hotel., stores, etc.)

13 Industrial

o '~Ivldu.' Domestic

o Military

o Irrigation

Gt Other (explain) , .

For questions 12 " 13: If multiple TMK • • r. Involved, please complete T.bl. 1 on back of .ppllcation. 11. TOTAL NUM~ERDF RESIDENCES TO BE SERVED: ... NlI1.:olo,Unweii..-___________ _

12. TOTAL ACRES TO BE JRRIGATEQ AND TYPE OF CROP: __ ...... NolLIoo..u.n..,eo.....-____ -:----:-___ _ (eer.s) (crop)

13. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: 7 a m tbru 3 p m , (d.ytlme hOUri of oper.tlon, ex. 7 a.m. to 2 p.m.)

14. APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Sustainable yield (7): _J:jNu..ou.nLte:..-_________________ _ (b} Instream Flow Standards affected (7): _J.liN~Q~ _________________ _ (c) Hawaiian Home Lands use affected (7);..' --LN~O~ ___________________ _

(d) Other existing legal uses affected (7): _.:.:N:.=o~ __________________ _

(e) Other (pending permits, EIS, etc.)(7): _.;;.;N...;;;o ______________ -----

15. REMARKS, EXPLANATIONS: ____ ~S~e~e~h~a~c~k~s~lu·dwe~ _____ ---------------

hf more .p.e. is neea.a, continue on b.ck sidel

NOTE: Signing below Indlcat. INt the oppllcent \I"CI_ande tNt. H • wat., 1M,.,.,,1t it "entad by the Commlaalon on Wet., lIeto_ce Maneg_ •• ,.,mh it NIl,", to prior •• iating _mined _. ~. In _tllil'\eble ylelcle end !netr ..... lIow lIend .... r_,,'" .- _ ... 1Ined by the C-""'on, end H_lIilon Home Londe I",,,..... In addition, ""plicent

undl",end. INt. uPon potmit tllCWo"oI. I wlter IhortIQl pi." mutt be IUbmlnad ahoUd the COFIIInWonl1CllJte _;

Applicant Landowner

Signature --:~:O-+-II-1H...J-+-H-""';:~+--jr-- Signature -....;;::.p...+-I-~--T'o--+-lC..-+~.:.Jor.--+--,r--

Date ________ +-~------------~--~~~~ Date ______ ~--_+------+---~rH~~~

For Official Use Only: Date Received _____ _ Hydrologic Unit No. ____ _ Diversion Works No. _____ _

Date Accepted _____ _ State Well No. _____ _

5/19/93 WUPA Form

o 16. REMARKS, EXPLANATIONS (cont'd):

.~ ~~. >~l" _~~~: ):>·:·;~·.\1V: .>,, ~~~.t.; ~;f,~,;r~.:¥. "

o 'QuantityOf WAt:fi:c1'fequested j 5 haseo on use of exiliitiRg pump

capable of producing 400 galJ ons Pill::' minut.e over an eiqhL hauL day.

This pump has been used as a stand-by fire pump for the near-by MauiElectric generating plant. Over the course

of the ·next two years, Molokai Ranch proposes to share

in the use of this source to provide fire and dust control water to the Palaau Industrial Site to be developed on

Tax Map Key 5-2-11:29

TABLE 1. MULTIPLE TMKs TO USE REQUESTED WATER

23

-2-11:2 M 90

\,1.

, (

,"'~'

~ .. "':" ·'-lii '. '

MOLOKAI RANCH

. , i .

QJJUL..f3' "P3: A2

July 14, 1993 , \

, ,}

, ' I I /'

I, "

State of Hawaii Commission on Water:Resource Management Dept o:e,' Land and· Natural, Resources .

"

\ ' ...·,1

. P.O. Box 921 .' : I' .

Hono+u1u" Hawaii' ,9,6809 \~ ,

A:ttn:' 'Rae MoLoui, Deputy Di~ector; , "

Subject: Application for, Water Use Permit, Ground Water;' ~olp~ai'

Dear 'Ms 0 I Loui: ' , .

. \ ..

, /

In. accQrdancewi th', the ,State Water Code and 'your directive- of July 24, 1992, ':Mo!okai,;,Ranch ,~as enclosed~ eight,' Applications 'for', Water Use Permits' and 'checks' for' the '!accompanying, fees 0 , " '

'. ' " / ..... \: ,,' .':: ~.':. .' ,'".' ,'." ":,,',~ .:.:, ~ ,I" •. ~. -. \ ' \ ,I ,'.,' .' ' • .:--

- If you have any questions .regarding these, applications, please contact Mr Stephen.' J . Herbert at, 531-0158 0 '. ."

I

encl.

~ '~ "

, (.

" "

I, WellNu~e:r;s:, 0801-03. I

I ' 0501-04 .,r

0601-01 ", 0604-01' ,

, I

0706-02,' .' 0605-01

.X 0605-02 0605-03

,) :

I'

" .

, ,. I

"

.\

Molokai Ranch. Limited. Four Waterfront Plaza' Suite 400. Box 96.500 Ala Moana Boulevard. Honolulu. HI 96813 • Phone (808) 531·0158. Fax (808) 521·2Z79 , 'j , ~

, I

06 I/JELL.. ()

(l-lf;I.tA,

copeN

05

\

.~

bllla.~ION 0(,04-01'· 1>lGY, ~\T~ A"U HI - tJI~c. '.. .:.

~s 5r-I---+---~':C p

.-1 c I

I c 270000

04 FEET

o

OO\A o 04-(

WATER USE PERMIT NO. 293

1his report has been prepared in accordance with 13-171-22(b) of the Hawaii Revised Statutes

requiring a 20-year review of issued water use permits to determine permit compliance.

Following is a summary of permit information, site characteristics, methodology, findings, and

recommendations for this State permit file.

Permit Information

Water User:

Landowner of Source:

Permitted Withdrawal Rate:

Water Management Area:

Island:

Aquifer Sector/System:

System Sustainable Yield:

Water Type:

Original CWRM Date:

Standard Conditions:

Special Conditions:

Water Source

Maui Electric Company P.O. Box 378 Kaunakakai, HI 96748


0.00 mgd (Based upon a 12-month moving average)

Manawainui

Molokai

Central/Manawainui

2mgd

Brackish

November 17th, 1993

1-11,13-14,16-17,20-23

5

State Well Number(s): 0603-07

Well Name: Naiwa Dug

Water Source TMK Number(s): 2nd Division, 5-2-011:023

State Land Use Classification(s): N/ A

County Zoning Classification(s): N/ A

Geographical Coordinates: N/ A

End Use

End Use TMK Number(s):

State Land Use Classification(s):

County Zoning Classification(s):

Beneficial Use Explanation:

2nd Division, 5-2-011:031

Agriculture

AG

Use for industrial fire protection

1 BROWN AND CALDWELL Summary Report for Water Use Permit No. 293

Standard Conditions List

1. The water described in this water use permit may only be taken from the location described and used for the reasonable beneficial use described at the location described above. Reasonable beneficial uses means "the use of water in such a quantity as is necessary for economic and efficient utilization, which is both reasonable and consistent with State and County land use plans and the public interest." (HRS § 174C-3)


3. The water use must at all times meet the requirements set forth in HRS § 174C-49(a), which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in HRS § 174C-3; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with State and County general plans and land use designations; f. Is consistent with County land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home

Lands as provided in Section 221 of the Hawaiian Homes Commission Act and HRS § 174C-101(a).

4. The ground-water use here must not interfere with surface or other ground-water rights or reservations.

5. The ground-water use here must not interfere with interim or permanent instream flow standards. If it does, then:



6. The water use authorized here is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and submittal, as amended, approved by the Commission at its <Insert Date>meeting are incorporated into this permit by refer~nce.

8. Any modification of the permit terms, conditions, or uses may only be made with the express written consent of the Commission.

Variations of Standard Condition (.8) are as follows: 1. Modification of any permit condition shall be approved by the Commission.

Modification of any permit condition without notification may result in the revocation of the water use permit.

9. This permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect the water sources (quantity or quality); b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as

of June, 1987 shall be protected; f. Meet legal obligations to the Department of Hawaiian Home Lands, if

applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commission's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard

10. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis (attached).

Variations of Standard Condition (10) are as follows: 1. The applicant shall keep monthly pump age estimates to be submitted

annually to the Commission. 11. An approved flowmeter(s) need not be installed to measure monthly

withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a yearly basis (attached).

111. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance with the Commission's September 16, 1992 action on reporting requirements.

1V. Approved flowmeters must be installed to measure monthly withdrawals and a monthly record of withdrawals must be kept and reported to the Commission on Water Resource Management on a monthly basis.

v. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a quarterly/yearly basis (attached).

Vl. An approved flowmeter shall be installed to measure water withdrawls Vll. An approved flowmeter(s) must be installed to measure withdrawals; and a

record of the withdrawals must be kept and reported to the Deparment of

Land and Natural Resources, Division of Water and Land Development, P.O. Box 373, Honolulu, HI 96809, on a monthly basis.

Vlll. Although not stated as a condition of the permit § 13-168-7 HAR requires you to keep a record of your monthly total pumpage, water level, salinity, and water temperature. This information must be submitted to the Commission on a regular monthly basis using the enclosed water use report form.

lx. An approved flowmeter shall be installed and the withdrawal from Well 1851-73 shall be recorded and reported to DLNR on a monthly basis by the owner and/or operator of the well.

x. The withdrawals from these wells shall be recorded and reported to the DLNR on a monthly basis by the BWS.

Xl. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting water usage on a monthly basis.

xu. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission.

X111. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission along with water level and salinity measurements.

11. This permit shall be subject to the Commission's periodic review of the <Aquifer> Aquifer System's sustainable yield. The amount of water authorized by this permit may be reduced by the Commission if the sustainable yield of the <Aquifer> Aquifer System, or relevant modified aquiferes), is reduced.

12. A permit may be transferred, in whole or in part, from the permittee to another, if: a. The conditions of use of the permit, including, but not limited to, place,

quantity, and purpose of use, remain the same; and b. The Commission is informed of the transfer within ninety days.

Failure to inform the department of the transfer invalidates the transfer and constitutes a ground for revqcation of the permit. A transfer, which involves a change in any condition of the permit, including a change in use covered in HRS § 174C-57, is also invalid and constitutes a ground for revocation.

13. The uses(s) authorized by law and by this permit do not constitute ownership rights.

14. The permittee shall request modification of the permit as necessary to comply with all applicable laws, rules, and ordinances that will affect the permittee's water use.

15. The permittee understands that under HRS § 174C-58(4), that partial or total nonuse, for reasons other than conservations, of the water allowed by this permit for a period of four (4) continuous years·or more may result in a permanent revocation as to the amount of water not in use. The Commission and the permittee may enter

into a written agreement that, for reasons satisfactory to the Commission, any period of nonuse may not apply towards the four-year period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section HRS § 174C-62 shall not apply towards the four-year period or forfeiture.

16. The permittee shall prepare and submit a water shortage plan within 30 days of the issuance of this permit as required by HAR § 13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the <Aquifer>Ground-Water Management Area.

17. The water use permit shall be subject to the Commission's establishment of instream standards and policies relating to the Stream Protection and Management (SP AM) program, as well as legislative mandates to protect stream resources.

18. The permittee understands that any willful violation of any of the above conditions or any provisions of HRS § 174C or HAR § 13-171 may result in the suspension or revocation of this permit.

19. Special conditions in the attached cover transmittal letter or attached exhibits are incorporated herein by reference.

20. If the ground-water source does not presendy exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twentyfour (24) months from the date the water use permit is approved.

Variations of Standard Condition (20) are as follows: 1. The permit may be revoked if work is not started within six months of the

date of issuance or if work is suspended or abandoned for six months. The work proposed in the permit application shall be completed within two years from the date of permit issuance.

21. This permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HRS § 174C-S9 and the requirements of Chapter 174C, the Commission on Water Resource Management has the authority to allow the transfer of the permit and the use rights granted by this permit in a manner consistent with HRS § 174C-S9. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

22. The water use permit granted shall be an interim water use permit, pursuant to HRS § 174C-SO. The final determination of the water use quantity shall be made within five (5) years of the filing of the application to continue the existing use.

23. The water use permit shall be issued only after agricultural review.

24. That scheduled adjustments to Oahu Sugar Co. permitted use shall be initiated upon discontinuance of agricultural uses.

25. The issuance of this permit was approved by the Commission on Water Resource Management at its meeting on <Insert Date>.

26. The permit shall be subject to the review by the Attorney General.

27. The permit holder may be required to relinquish this permit at any time or specified time after issuance to the Board of Land and Natural Resources in accordance with Chapter 166 of Title 13.

28. The applicant shall obtain the necessary land acquisition documents from the Hawaii Housing Authority.

Special Conditions List

1. Should an alternate permanent source of water be found for this use, then the Commission reserves the right to revoke this permit, after a hearing.

2. In the event that the tax map key at the location of the water use is changed, the permittee shall notify the Commission in writing of the tax map key change within thirty (30) days after the permittee receives notice of the tax map key change.

3. The applicant shall contact the Environmental Management Division, State Department of Health, at 586-4304, concerning "GUIDELINES APPLICABLE TO GOLF COURSES IN HAWAII" date <Insert Date & Version #>.

4. Standard Condition lOis emphasized, to report consumption on a regular basis.

5. The applicant may continue this existing use of ground water within the limits approved by the Commission, and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

6. This interim water use permit shall cease to become interim and shall be subject to HRS § 174C-55 upon administrative review of the quantity within five (5) years, provided that all conditions of the use (including the review of the quantity which shall not be greater than the amount initially granted) remain the same. Enforcement of the allocation limit shall be stayed pending staffs review and issuance of a permanent water use permit.

7. As-built drawings of the well and pump, and a complete pumping test record shall be submitted within sixty (60) days.

8. In the event the pump tests show that aquifer boundary conditions do not support the requested withdrawals, the Commission reserves the right to amend this permit, after a hearing, to a level that is supported by the pump tests.

9. The existing use may be continued within the levels approved by the Commission, and the actual issuance of the permit document shall not be a reason to interrupt the approved level of use.

10. The filing of an application by Kukui, Inc. for a new or modified water use permit for the Kualapuu Aquifer in excess of 2.0 mgd (total system withdrawal) shall be just cause for re-consideration of this interim permit by the Commission

11. Upon completion of a new transmission line for the transport of water use by Well #17, the permit shall be modified to reduce the allocation amount by the additional 79,220 gallons per day allocated for use of the Molokai Irrigation System.

12. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall conduct a feasibility study and submit a report describing

alternative sources of nonpotable water for irrigation uses at the resort area. It is suggested that the developer consider use of dual lines in the subdivisions so that effluent may be used in the existing reuse system. Another consideration is the development of brackish water wells in the Kaluakoi Aquifer system for mixing with the effluent generated at the resort.

13. Within six (6) months from the date of approval of a water use permit for the well, the application shall evaluate the filter back discharges into Kakaako Gulch to determine if excessive preventable waste is occurring and identify possible measures to eliminate or reduce such waste. The evaluation shall be conducted in cooperation with the Commission staff and staff of the Department of Health's Safe Drinking Water Branch, which regulates the drinking water system.

14. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall 1) implement a leakage control and detection system and compete repairs to prevent such leakage and 2) implement use of xeriscaping and low-flow fixtures.

15. Action on the future use portion of the water use permit application for Well #17 (Well No. 0901-01) is deferred pending the establishment of existing uses in the aquifer. Kukui Inc.'s application for uses in excess of those uses existing on July 15, 1992 will be considered "new" uses and will be taken up by the Commission as soon as other existing use applications have been decided. In the interim,

a. The Commission shall recognize that there is disagreement between the applicant's staff calculations of reasonable-beneficial existing use

b. The Applicant will have the burden of proof to show within six (6) months reasonable-beneficial existing use calculations that support the applicant's request as opposed to staffs calculations.

c. The Commission's enforcement of the approved existing use allocation will .be suspended for six (6) months.

16. The permittee shall submit a notice of intent and written request to continue the use at least ninety (90) days prior to the expiration of the interim five-year permit.

17. The Commission shall delegate to Maui Department of Water Supply the authority to allocate the use of water for municipal purposes, as provided in §174C-48(b).

18. Maui Department of Water Supply shall be exempt from the requirements for permit modifications, as provided in§174C-57(c).

19. The permittee must meter water use and monitor chloride concentrations on a monthly basis and submit monthly reports of water use and chloride concentrations to the Commission.

20. Standard Condition 16 is waived for saltwater wells.

21. The permit will be revoked if (1) stream monitoring shows that pumping the well reduces stream flow, or (2) the electromagnetic resistivity survey indicates that the

well was drilled into a dike compartment, unless the applicant submits a petition for an amendment to the interim instream flow standard with the well completion report. However, no use of the water may be made without a Pump Installation Permit, which cannot be issued during consideration of the amendment of the interim instream flow standard.

22. The applicant shall present the results of the electromagnetic resistivity survey, pump tests, and stream monitoring to a community meeting as well as to the Commission.

23. A final determination of water use quantity shall be made within five (5) years of the filing date of the application «Insert Date» to continue existing use.

24. The applicant shall implement, by December 31, 1995, a biological and hydraulic monitoring program for a minimum 2-year period that: 1) documents the existing operating procedure, 2) seeks to identify the impacts of all operating alternatives on Waikolu Stream, and 3) seeks to identify the effectiveness of weir modifications (Dam No.1). This program shall incorporate the three new wells, Wells #4-6 (Well Nos. 0855-06, -OS, &-04, respectively), which may be pumped within the approved limits, for monitoring and testing purposes only. Further, semi-annual reports summarizing data and preliminary findings shall be submitted to the Commission. It is suggested that the Department of Agriculture work with the State Division of Aquatic Resources and other affected agencies to prepare the monitoring program in light of the difficult technical questions raised by this application. A particular concern is the coordination of this monitoring program with the ongoing National Park Service study by Anne Brasher. A draft of this plan shall be submitted to the Commission staff within ninety (90) days for technical review and comment. Results of the monitoring program shall be used to make recommendations to the Commission on any additional use of the wells, and shall be made readily available to all interested parties.

25. That the Commission approves the well construction permit for the KamiloloaWaiola Well (Well No. 0759-01), subject to the standard well construction conditions and the special conditions for the pumping well for the aquifer tests.

26. That the Commission authorizes the Chairperson to approve and issue a pump installation permit upon acceptance of adequate pump test result, subject to the standard pump installation conditions.

27. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

28. The applicant shall follow the agreed monitoring plan.

29. If pesticides used by the applicant are found in ground or surface water and can be traced to the applicant's use, the CWRM may revoke the permit immediately upon such finding.

30. Issuance of the interim permit shall be withheld until the reservation of water for DHHL is set by rule. Applicant may continue this existing use within the approved limits.

31. The applicant shall submit well modification and pump installation permit applications for administrative approval by chairperson prior to beginning any work required to complete well.

32. Should any stream flow impacts result from use, petition to amend interim instream flow standards shall be submitted.

33. Should any dewatering result from use, pumping shall cease immediately.

34. Shall submit accurate schematic diagram of distribution system for the battery of 5 wells.

35. Shall be subject to a 6-month independent audit & monitoring.

36. Final pump capacity shall be determined from pump test results & approved administratively by signature of chair.

37. The permittee shall seek and submit to the Commission within ninety (90) days written confirmation from the Department of Land Utilization of the nonconforming use.

38. Pumping shall cease immediately if the chloride reports show that the brackish water developed in the well exceeds 1,000 mg/l of chloride, unless a variance from the chloride limit has been granted. The authority to approve future variance requests is delegated to the chairperson.

39. The duration of the interim permit shall be: a. To July 1,2006, or b. Until treated wastewater is available and acceptable for use, or c. Until such time that a significant change in permitted, actual, or projected

uses or water supply occurs.

40. Action on any interim permit may be initiated by the Commission or any permittee upon letter request or pursuant to §174C-57 Haw. Rev. Stat. (Modification of permit terms).

41. This permit is approved under the assumption that wastewater will become available for reuse as an alternative supply source.

42. Require adherence to the chloride sampling protocol and the submittal of weekly chloride data. The authority to approve variances from the weekly reporting requirement is delegated to the Chairperson.

43. Require adherence to the Conservation Conditions.

44. In the event a water shortage is declared by the Commission, permittees in the <Insert Aquifer Sytem> shall comply with the <Insert Aquifer System> water shortage plan adopted by the Commission.

45. The permittee shall contact the Department of Health, Clean Water Branch and obtain the necessary discharge permit(s).

46. Permit shall be interim and replaces existing WUP for 2051-07 & 11.

47. Applicant shall submit an acceptable archaeological inventory survey report to DHP. If historic sites affected, a plan to mitigate these affects must be accepted by DHP and completed by applicant.

48. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

49. (The permittee) may report monthly pumpage on yearly basis.

50. Prior to issuance of any permits, must submit filing fee for after-the-fact pump installation permit.

51. The term of this permit shall be twenty years from the date of issuance of the permit with a five-year Board review to determine compliance with the provisions of the permit.

52. The amount of water to be withdrawn under this permit shall be 0.19 mgd, averaged annually, for irrigation use. This permitted use of 0.19 mgd when added to a preserved use of 0.27 mgd amounts to a total of 0.46 mgd, averaged annually, which may be withdrawn from well 1646-01.

53. The use authorized by the permit must not interfered substantially and materially with existing individual household uses and existing uses.

54. The use of this well shall be subject to the shortage and emergency powers of the Board of Land and Natural Resources (BLNR).

55. This permit may be suspended or revoked, in accordance with Chapter 166.

56. The permit holder may be required to relinquish this permit to BLNR, in accordance with Chapter 166

57. The withdrawal from Well 1646-10 shall be recorded and reported to DLNR on a monthly basis by the permittee.

58. In the event that emergency water use occurs, the permittee shall notify the Commission in writing within one (1) day of pumping, to in form the Commission as to the nature of the emergency and the expected duration of the emergency. A water

use report shall also be filed pursuant to Standard Condition 10 and Administrative Rule 13-168-7.

59. Note DOH's requirements related to non-potable water systems (attached to original permit).

60. Standard Condition 16 requiring the submittal of a water shortage plan is waived.

61. All non-potable spigots and piping shall be clearly labeled as "DO NOT DRINK, NON-POTABLE" to prevent direct human consumption.

62. Standard Condition 10 is modified. Due to the inability to take water level measurements, the requirement to measure monthly water levels is waived. In addition, as long as the U.S. Geological Survey is collecting and analyzing the chloride content of the well water, the requirement for the permittee to measure and report chlorides is also waived.

63. Well elevation components must be surveyed by a licensed surveyor and this information must be submitted to commission prior to issuance of permanent permit.

64. The permittee shall obtain approvals from the Department of Health and the U.S. Environmental Protection Agency prior to use of the water.

65. This water use permit, WUP No. <Insert #>, shall supersede WUP No. <Insert #>.

66. WUP No. <Insert #> is revoked

67. Standard Condition 17 is waived.

68. Standard Condition 22 for interim water use permits shall not apply.

69. To supplement our records, we request that you provide a map of the Galbraith Est. lands west of Wahiawa (2100 ac+-) and the associated TMK's for use area.

70. Deferred action on portion requested for golf course irrigation pending further refinement of irrigation requirement and a feasibility study for utilization of surface water sources, including Wahiawa Reservoir.

71. Written justification be provided for any 'cushion' of 0.5 mgd.

72. The water use permit shall be an interim permit. The duration of the interim permit shall be until treated wastewater is available and acceptable for use. The permittee shall continue discussions with Honolulu Board of Water Supply regarding the use of reclaimed water.

73. The permittee is put on notice that this is a qualified approval in that this permit may be modified or revoked prior to the expiration of the interim permit if the

Commission decides that the use of additional basal ground water for dust control and landscape irrigation is not reasonable-beneficial use.

74. The permittee encouraged to use drought-tolerant landscaping to conserve water.

75. Should the applicant provide written evidence that the county DHCD approves a 201E exemption for the elderly affordable housing project then the applicant may modify a corresponding portion of their existing aquacultural use to be used by the exemption approved project within the Commission approved water use permit limits under recommendation 5.

76. The applicant shall obtain a water lease/permit from Land Division prior to actual use of the well water.

77. Require the permittee to sign a contract by May 14, 1998 with the City Department of Wastewater Management to buy and use 00400 mgd ofR-1 water for a corresponding reduction in allocation for Well Nos. 1900-02, 17 to 20, and 1901-03.

78. Standard Condition 9 is waived.

79. Standard Condition 10 is modified to exempt the permittee from monthly measurements of salinity and temperature.

80. Standard Condition lOis waived.

81. Applicant must seek a determination from BLNR and Land Mgt Divas to whether water license required. If required, license must be obtained prior to issuance of permit. If not, permit will be issued w / out further action.

82. Commission defers action on use in excess of 452,000 gpd pending additional info from BWS and further staff analysis.

83. The permit shall be subject to the Commission's sustainable yield review by December 1990.

84. The Commission shall delegate to the Honolulu Board of Water Supply the authority to allocate the use of water for municipal purposes, in accordance with §174C-48(b) HRS.

85. Honolulu Board of Water Supply shall be exempt from the requirements of permit modifications as provided in §174C-57.

86. BWS must participate in discussions, to be coordinated by Commission Staff, regarding a monitoring program to address impacts to Kaneohe Bay water quality, prior to any action on applications for future municipal uses.

·87. A pump installation permit application must be made and approved prior to the installation of a permanent pump.

88. The water withdrawn shall be 0.7 mgd for municipal use.

89. The installed pump capacity of the well shall not be more than 700 gpm or 1.01 mgd.

90. The term of permit shall automatically expire twelve months from the date of issuance.

91. The Honolulu Board of Water Supply may continue to submit monthly water data on their own form, provided that the data are submitted in a format that is acceptable to the Commission staff.

92. Standard Condition 7 shall not apply.

93. Standard Condition 22 shall not apply.

94. Standard Condition lOis modified to exempt the permittee from monthly measurements of salinity and temperature.

95. This permit shall be subject to conditions providing for stream restoration if the Commission determines that additional water should be returned to the streams.

96. HECO 1· mgd for industrial use

97. Campbell Estate 1 mgd for municipal use through BWS, by separate agreement with HECO

98. BWS 1 mgd for municipal use.

99. The permit shall be subject to the Commission's sustainable yield review by <Insert Date>.

100. The applicant shall obtain the current version of the Department of Health's Guidelines Applicable to Golf Courses in Hawaii. Where relevant and viable, items of the guidelines should be implemented and sustained appropriately. To obtain the current version, contact the Safe Drinking Water Branch, Environmental Management Division at 808-586-4258 (Honolulu).

101. The future use portion of the application shall be deferred until existing uses in the Koolauloa area are established.

102. The water to be withdrawn under this permit shall be a total of 0.03 mgd (0.02 mgd preserved plus an additional 0.01 mgd permitted use), averaged annually, for domestic and irrigation use

103. Existing well 1851-09 shall be properly sealed by a licensed drilling contractor. A well modification permit application, enclosed, shall be submitted to the Department for approval of the well sealing. A filing fee for sealing the well will not be required.

104. The permittee is required to test the source using a certified private laboratory and submit the test results to the Commission within three (3) months. The Commission will then forward the results to the Department of Health for their review. The Department of Health recommends that the well be routinely tested for microbiological and chemical parameters thereafter.

105. The permittee is required to submit a completed Registration of Well and Declaration of Water use by <Insert Date>.

106. The permitee shall contact the Department of Health for a written determination on the status of their water system and comply with any Department of Health requirements for monitoring and testing.

107. In the event that the original spring source decontaminates, the new well authorized will be shut down.

108. That within each aquifer the total permitted use shall not exceed the sustainable yield.

109. That any water available for allocation shall be for in-district use.

110. That scheduled reductions to Oahu Sugar Co. permitted use shall be initiated upon final termination of an Osco lease or sub-lease, whichever occurs later.

111. That permits for water use issued in accordance with the proposed schedule shall be interim permits subject to review and adjustment by 1995.

112. That the permit shall be an interim permit for a new use which is afforded to existing users as specified in §13-171-20.

113. That the original allocation of 0.200 mgd shall be taken to hearing for possible revocation at a later date to complete the transfer of the water use permit entirely to Well No. 3407-02. This revocation would reduce the current allocation afforded to the Kunihiro Well (Well No. 3406-06) to zero.

114. This allocation incorporates the unspecified domestic needs of the applicant and therefore necessitates a single meter be installed at the well.

115. Should any impacts to nearby wells or streams be established by the use of this well, the applicant shall address these issues to the satisfaction of the Commission.

116. If an economically feasible nonpotable source is identified, the applicant shall convert to the alternative nonpotable source.

117. The permit shall be subject to the Chairperson's approval of a water use plan recommending possible measures to prevent or minimize saltwater contamination and establish courses of action to follow should the aquifer become to saline to use.

118. Permittee shall provide the necessary end-use information on the 10th residence to allow regulation of the use under Chapter 174C.

119. Standard Conditions 10 & 18 shall not apply.

120. Standard Condition 10 is modified to exempt the permittee from the requirement to install a flowmeter. Salt water withdrawals may instead be estimated based on pumping capacity and run time.

121. The applicant shall review the existing year long period of pump age and stramflow data and provide analysis on ground and surface water interaction. Deadline is January 25, 1994.

122. The water use permit for Well Nos. 2301-27 to -32 for 0.75 mgd (WUP No. 419) shall be revoked upon issuance of a pump installation permit for the well.

123. The permittee shall use mulching to decrease evaporative losses and manage irrigation scheduling to minimize water demand.

124. The permittee shall submit a detailed agricultural plan to support any future water use permit application for increased agricultural use at this parcel.

125. If not already obtained, the permittee shall seek and obtain any necessary permits from the Department of Health for the proposed discharge to Malaekahana Stream.

126. Standard Condition 10 is modified to waive the requirement for installing a water meter on Well Nos. 2358-21, 22, and 29. The permittee shall install a water meter on Well No. 2358-26 to measure total monthly flow through the discharge line. This quantity should then be assumed to be the rate of natural flow from the other three wells for monthly reporting purposes.

127. The permit shall be effective upon submittal of documentation by Navy that it has met the DOH requirements for a public system.

128. This WUP shall be subject to Army's application for a WUP to reduce the permitted use of the Army's Schofield Shaft (2901-02 to 04, 10) by 0.208 mgd to a new total of 5.648 mgd. The Army's application shall be submitted within 60 days after the approval of this WUP or this WUP shall be void. Approval of the modification request shall be obtained from the CWRM prior to use of Well No. 3100-02 and issuance of this WUP.

129. Navy shall submit an after-the-fact PIP A, and approval of the permit shall be obtained prior to use of the well.

130. The well shall not be used for drinking water purposes unless it is properly tested and treated.

131. This permit is approved subject to reclaimed water becoming a practical alternative and provided that the Department of Health approves the reuse application.

132. Should any opae ula be recovered in the well water, the permittee shall notify the Division of Aquatic Resources and provide specimens to the Division of Aquatic Resources for analysis.

133. If a single meter at the well is used, the Commission shall allow an additional 1,000 gallons per day to the water use permit amount for the domestic needs of two residences, although a permit for individual domestic consumption is not required. Otherwise, the applicant must provide a meter to separately measure the irrigation consumption.

134. This permit is approved under the requirement that conversion to either: 1) treated wastewater becoming available for reuse as an alternative supply source, provided that Department of Health concerns over the use of treated effluent over the potable water aquifer have been addressed; and/or 2) other nonpotable source becoming available will occur in a timely manner.

135. These permits shall be subject to a review of actual use within four years for possible modification of the permitted amount.

136. The permit shall be reviewed in two (2) years for possible additional revocation due to nonuse.

137. The allocation is based on the projects listed in Exhibit 5 (ofItem 10 of the May 20, 1998 Staff Submittal), except for the Queen's Beach GC (fMK 139-11-2,3), Lot 9 (fMK 139-17-51), and Varsity Place (TMK 128-24-35).

138. Kamehameha Schools Bishop Estate/Honolulu Board of Water Supply shall transfer the water use permit within ninety (90) days of the effective date of the transfer of the pump station to the Honolulu Board of Water Supply, pursuant to §174C-59 Hawaii Revised Statutes.

139. The permittee shall ensure that the water is recycled by either directing it into the Waiahole Ditch for use by downstream farmers (subject to the approval of the Agribusiness Development Corporation's Board) or into Waikele Farm's existing irrigation system.

140. The permittee shall file a completed application to modify WUP No. 758 to reduce the allocation by 0.100 mgd within 60 days. If a completed water use permit modification application is not received within 60 days from this submittal's date, then the subject water use permit application (WUPA No. 767) shall be deemed denied without prejudice without the need for another hearing.

141. The water withdrawn shall be for municipal use. No improvements to the existing sources are required as the existing source capacities are greater than the increase.

142. Water license must be determined through LM.

143. Proposed other uses will be considered at a later date.

LINDA LINGLE GOVERNOR OF HAWAII

November 21st, 2007

WUPHolder Maui Electric Company P.O. Box 378 Kaunakakai, HI 96748


COMMISSION ON WATER RESOURCE MANAGEMENT P.o. BOX 621


Subject: WUP's 293-294

Water Use Permit Review

LAURA H. THIELEN CHAIRPERSON

KEN C. KAWAHARA, P.E. DEPUTY DIRECTOR

MEREDITH J. CHING JAMES A, FRAZIER NEAL S. FUJIWARA

CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E.

LAWRENCE H. MilKE, M.D., J.D.

WUP.Letter.doc

In accordance with 13-171-22(b) of the Hawaii Revised Statutes, the Commission on Water Resource Management is required to conduct a 20 year permit review of issued permits to determine permit compliance. As a permit holder, we are contacting you to conduct a review of your water use permit.

As part of the permit review, we must perform field investigations for verification purposes. We have contracted with Brown and Caldwell to conduct such field investigations. Please fill out the enclosed survey form, indicating the best date and time within the time period given, and a representative from Brown and Caldwell will contact you to make further field visit arrangements.

We thank you for your cooperation in promoting beneficial and reasonable use of our ground water while protecting our limited natural supply.

RI:ss

Sincerely,

KEN C. KAWAHARA, P.E. Deputy Director

LINDA LINGLE GOVERNOR OF HAWAII


COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

February 20th, 2008

Water Use Permit Holder Maui Electric Company P.O. Box 378 Kaunakakai, HI 96748

Subject: WUP's 293-294


Second Notice of Water Use Permit Review

LAURA H. THIELEN CHAIRPERSON


MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA

CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E.


WUP.Letter2.doc

In accordance with §174C-56 of the Hawaii Revised Statutes and 13-171-22(b), Hawaii Administrative Rules, the Commission on Water Resource Management is required to conduct a 20-year permit review of issued permits to determine permit compliance and prepare a formal report to legislature for public review. As a water use permit holder, we are notifying you of this statutory requirement and are asking for your help in the review of your water use permit.

As part of the permit review, we must perform field investigations for verification purposes. We have contracted with Brown and Caldwell to conduct such field investigations. Please fill out the enclosed survey form, indicating the best date and time within the time period given, and return the form via mail to Brown and Caldwell. A representative from Brown and Caldwell will then contact you to make further field visit arrangements.

Please note that this is the second notice that we are sending to attempt to make contact with you. If we cannot conduct a field investigation to verify your water use, we may commence proceedings to revoke your permit. Once your permit is revoked, you will no longer be able to use ground water from your well. Upon revocation. any water use without a valid permit will be subject to fines of up to $5,000 per day. As such, it is in your best interest to return the form to Brown and Caldwell as soon as possible.

We thank you for your cooperation in promoting beneficial and reasonable use of our ground water while protecting our limited natural supply.

Sincerely,

~e.~ KEN C. KAWAHARA, P.E. Deputy Director

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON


MEREDITH J. CHING JAMES A FRAZIER NEAL S. FUJIWARA

CHIYOME L. FUKINO, M.D.

STATE OF HAWAII DONNA FAY K KIYOSAKI, P.E.



Dear Sir or Madam:

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE. MANAGEMENT

P.O. BOX 621 HONOLULU, HAWAII 96809

July 15, 2008

3rd Notice of Water Use Permit Permit Review

In accordance with §174C-56 ofthe Hawaii Revised Statutes and 13-171-22(b), Hawaii Administrative Rules, the Commission on Water Resource Management is required to conduct a 20-year permit review of issued water use permits to determine permit compliance and prepare a formal report to the 2009 legislature for public review. We are notifying you of this statutory requirement as you are a water use permit holder and are asking for your help in the review of your water use permit. For your reference, your Water Use Permit number is Water Use Permit Nos. 293- & 294 (on Molokai). This notice is our third attempt at contacting you for this statutory review, which must be completed soon to be ready for the beginning of the 2009 legislative session.

As part of the permit review, we must perform field investigations for verification purposes. We have contracted with Brown and Caldwell to conduct such field investigations. Please fill out the enclosed survey form, indicating the best date and time your field investi~ation can be conducted, and return the form via mail to Brown and Caldwell no later than July 18 , 2008. A representative from Brown and Caldwell will then contact you to make field visit arrangements.

If we cannot conduct a field investigation to verify your water use, we may commence proceedings to revoke your permit. Once your permit is revoked, you will no longer be able to use ground water from your well without applying for and obtaining a new water use permit. Upon revocation, any water use without a valid permit will be subject to fines of up to $5,000 per day. As such, it is in your best interest to return the form to Brown and Caldwell as soon as possible.

We thank you for your cooperation in promoting reasonable and beneficial use and protection of our public trust ground water resources.

RI:ss Enclosure

4Ja. KEN C. KAWAHARA, P.E. Deputy Director

a

Water Use Permit Survey (please complete one survey form for each WUP)

WUP Number:, ________ _ Well Number(s):, ______________________ _

Contact Information (of the person who will be present at site visit): Nrune: ____________________________________________ _

Phone (for phone interview): _____________ _ Fax:, _________________________________ ___

Email: ________________________________________________ _

Best time to reach for phone interview: ________________________________ _

Property Information (of the water uselwell location): Address:. _____________________________________________________ _

City: ____________________ _ z~:, _______________ ___ Well Location TMK (list all if multiple wells present): _________________ -..,-_________________ _

Water Use TMK (list all if used on mUltiple lots):, _____________________________ _

Water UselWell Information:

Is the water source currently in use? Yes o No o Ifno, please explain:, _______________________________________________ _

What are you currently using the water for? (example: "Use for 45 acres of diversified agriculture and 3 residences"):, _________ _

Is a flow meter installed and working properly? Yes o No o Ifno, please explain: _______________________________________ _

Do you submit monthly water use reports to the State? Yes o No o Ifno, please explain: _______________________________________ _

Field Investigations: A representative from Brown and Caldwell will be visiting wells in your area over the next two months between the times of9:00 run and 5:00 pm. Each site investigation will take approximately 1-2 hours. Please indicate up to three potential days of the week and availability times for an on-site inspection of the well location and verification of water use compliance. The permit holder must provide Brown and Caldwell with at least five (5) working days notice of the need to reschedule.

Option #1

Option #2

Option #3

Date (M-F):, _________ _

Date (M-F):, _________ __

Date (M-F):. ______ __

Time: 9:00 run

Time: 9:00 run

Time: 9:00 run

0 0 0

12:00pm 0 12:00pm 0 12:00pm 0

3:00pm 0 3:00pm 0 3:00pm 0

Once this survey is returned, a Brown and Caldwell representative will be contacting you to cQnduct a phone interview and finalize the exact date and time of your field investigation. Please fax/mail completed surveys by July 18th, 2008 and direct any questions related to this survey to Mr. Milo Smith of Brown and Caldwell at:

1099 Alakea Street, Suite #2400 Honolulu, HI 96813 Tel: (808) 203-2661 Fax: (808) 533-0226 [email protected]

For Official Use Only

Received: _______ _ Information Updated:. _______ _ Phone Interview Complete: _______ _ Notes/Cornrnents: ______________________________________ _

STATE OF HAWAII ft_ DEPARTMENT OF LAND AND NATURAL RESOURCES

\,#'MMISSION ON WATER RESOURCE MANAGEMENT

PO. BO)( 621



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State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT

Depanment of Land and Natural Resources Honolulu, Hawaii

November 17, 1993


Gentlemen:

Water Use Permit Applications Manawainui Ground Water Manaaemem Area. Molokai

Al!l!licant:

1. (Well No. 0603-01) Hawaiian Research Ltd. P.O. Box 40 Kaunakakai, HI 96748

. 2. (Well No. 0603-07) Maui Electric Co., Ltd,


3. (Well Nos. 0603-06, 0604-03 to 05) Maui Electric Co., Ltd,


4. (Well No. 0706-02) Molokai Ranch, Ltd. Four Waterfront Plaza, Ste.400 500 Ala Moana Blvd. Honolulu, HI 96813

BacklrQl1nd

LandOwner:

Roland Holden P.O. Box 839 Williamsburg, IA 52361

Molokai Ranch P.O. Box 8 Maunaloa, HI 96770

Same

Same

The applicants submitted completed water use permit applications to. the Commission as indicated in Exhibit 1. Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits.

Analysis & Issues

Overall Manawainui Ground Water Management Area Conditions

Authorized uses of water in the Manawainui Aquifer System account for 0.645 million gallons per day (mgd), or about 32%, of the aquifer's sustainable yield estimate of 2 mgd. Actual metered withdrawals for these uses have not been established as yet but should be within the next five (5) years.

The un-allocated ponion of the system's sustainable yield (1.355 mgd) is insufficiem to fully accommodate all pending permit applications, which show a total request of 1.849 mgd (see Exhibit 1). However, of this total, existing uses account for only about 0.046 mgd, and these can be satisfied within the limit of available water. By far, the major ponion of the total pending request is for future uses; these account for the remaining 1.802 mgd. Table 1 summarizes the current ground water allocation situation

ITEM 5


for the Manawainui Aquifer System and provides a breakdown of each pending applications' current use status. Table 1 is also meant to provide some indica~ion of amount of flexibility available to the Commission, in light of any verbal or written testimony presented by the individual applicants during these proceeding$, with regard to final allocation amounts for future uses.

fTEM

Su.tainebl. Yi.ld

Exi.ting Allocetion.

Aveilable Allocation.

H.waii.n R •••• rch Ltd.

G.r.ld I. N.

M.ui EI.ctric Co. (N.iw. M.co Irr I 2)

M.ui EI.ctric Co. (Naiw. Dug)

M.ui EI.ctric Co. (N.iw. M.co Op.n Pit)

M.ui EI.ctric Co. (N.iwe M.co Irr I 1)

M.ui EI.ctric Co. (Naiw. M.co Cooling)

Molokai R.nch (PaI •• u Aquacultur.)

TOTALS

TOTAL RECOMMENOED ALLOCATIONS ........ /:.:::<. ·.i .

. :':.::"::<::< ... :.::. . ... ::: ....

REMAINING AVAILABLE ALLOCATION

TABLE 1

MANAWAINUI SYSTEM

lmgd)

2

0.645

1.355

0.445

+ lnolud •• fir. prot.ction t •• ting .nd u •• for .ctual fir •• only • Phi •• 1 of Paluu Aqu.cultur. only .

PENDING APPLICATIONS

.. EXISTING USE (mgd)

0.046

+0.000

+0.046

+0.046

PENDING APPLICATIONS

FUTURE USE (mgd)

0.006

0.003

+0.000

0.003

0.350

"1.440

1.802

'0.864

•• Ph ••• 1 .nd 2 of PaI.au Aqu.culture. R.maining Phi •• 3 will r.quir •• n addition.1 0.576 mgd.

With respect to future water uses, the Final Report of the Molokai Working Group includes a general recommendation for the Central Sector. which encompasses the Manawainui Aquifer System, that "bulk ground water allocations should generally coincide with 2010 Potable Water Use Projections, subject to ongoing studies of the aquifer's capacity." No increase in potable water needs is projected in the year 2010 for the Manawainui Aquifer System (see Exhibits 2 and 3). The Final Repon also includes projections for non-potable water needs (see Exhibit 4). None of the future uses described in these permit applications, all of which request use of non-potable water, are included in the projection.

With the exception of one application requesting future use of 0.006 mgd that has only recently been accepted as completed (Well No. 0603-05), all pending applications for water use permits (both existing and future uses) are presented in this submittal for Commission action. These are summarized as follows:

1. Hawaiian Research. Ltd. - This application is for an existing use of brackish water for irrigation of twenty-five (25) acres of corn and sorghum. The applicant estimates that an allocation of 46,000 gpd should be sufficient to meet the current irrigation requirement. Based on monthly water use reponed for January 1988 to June 1992, this estimate appears reasonable (see Exhibit 5). Although the data indicate a reJative decline in 12-month moving average withdrawals during this period, it is reasonable to assume that

2

Chairperson and Members . Commission on Water Resource Management November 17, 1993

water use will fluctuate in response to climatic conditions. Per unit area, the requested amount is in' line with allocations granted to the applicant in prior Commission action for two nearby similar water uses (about 1,850 gallons per acre per day).

The well, which is located about lI4-mile inland at an altitude of 15 feet, has been used for irrigation water supply for over twenty (20) years. There is one other active well located in an adjacent parcel at about the same altitude; however, impacts to this well and other local wells, streams, and the Manawainui Aquifer System should not be any different than it has been for the past twenty (20) years. Unacceptable adverse impacts are not anticipated from continuation of this long-standing water use. No specific objections to this application have been submitted to the Commission.

The applicant's estimate of existing water use is slightly less than that provided by the Molokai Working Group, which reported an existing use of 56,000 gpd from this source (see Exhibit 2), and considerably less than the estimate of 95,000 gpd that was determined from a field investigation of the site. Discrepancies in existing use estimates may be related to seasonal variations in irrigation demand. Much of the water use occurs . during the growing season from November through March, although some water is needed for preparation of the fields. Averaged for just these months, water use reported for the 1991-92 growing season was 56,000 gpd, which is in agreement with the estimate from the Molokai Working Group.

NHAC has commented that the water use permit should be constructed to reflect the seasonal variation in water use. Evaluation of water use based on a 12-month moving average provides a meanS by which to account for seasonality without putting undue restrictions on the time of year during which water may be used. Other concerns

. regarding reservations of water for future DHHL needs have been addressed, and it is i assumed that this is no longer an issue (see Attachment C). Comments rega.rding . potential impacts of existing and future withdrawals from this source on fishponds and

nearshore ecosystems is a valid concern; however, this is difficult to address at present because information necessary to determine the extent and nature of resultant impacts, if any, on the productivity of these ecosystems is not available. It has been determined that no designated marine conservation areas exist in the immediate vicinity. Also, because this use has been in existence for a number of years, no further impacts are anticipated.

Review comments submitted by the Maui County Council included a request for deferral of this application pending justification of demonstrable need due to non-existing use of the source. This is contrary to the fmdings of the field investigation conducted by Commission staff, which reported use to be in existence. Staff was unable to contact the reviewer for the Maui County Council prior to this Commission meeting, but efforts to resolve this discrepancy will continue.

2. Magi Electric; Co .. Yd. - Molokaj DiYisiog - This application involves an existing use of brackish. water for fire protection system testing and actual fire protection as required for the Palaau Power Plant. System testing is conducted on a weekly basis and consists of opening the hydrant system and testing each hydrant one at a time. Water use, as measured by the in-line flowmeter installed on the outlet line, is about 1,000 gallons per week, which is about 142 gpd on an average annual basis. Water is discharged at the surface in the immediate vicinity. In the event of an actual fire, the pump will operate at full capacity (1,000 gallons per minute, or 1,440,000 gpd), assuming maximum efficiency. These estimates of water use are based on verbal communication with the applicant, as monthly reports of water use have not been submitted to date. However, a standard condition of a water use permit for this amount is that the applicant submit monthly water use reports to the Commission on a yearly basis.

lbere are no other wells located downgradient. Authorization to continue this reasonable and beneficial use of water for fire protection should not result in unacceptable adverse impacts to other local wells, streams, and the Manawainui Aquifer System.

Water from this dug well may be withdrawn from what may be an overgrown portion of the Kaluaapuhi Fishpond. The Historic Preservation Division has commented that the site is in excellent condition and that continuation of the existing uSe of water will have "no effect" on the Kaluaapuhi Fishpond (site 104), but suggests that the Commission examine the impact of water withdrawal from the well if at some time in the future the

3


site is returned to operation. Since the site is in excellent condition at this time, under the present conditions, staff see no reason to study the impact unless withdrawals from the weJI is significantly increased on a sustained basis.

. The Maui County Council has determined water use from this source to be nonexistent and has requested that this application be deferred pending justification of demonstrable need. However, use of water for the purposes described in the application was verified to be in existence at the time of the field investigation. Staff was unable to contact the reviewer for the Maui County Council prior to this Commission meeting, but efforts to resolve this discrepancy will continue.

Water required for operation of the power plant is supplied by the DHHL water system via pipelines that connect to storage tanks on the property. Molokai Electric is also able to receive water from Molokai Ranch via pipelines that connect to 5,000 gallon and 25,000 gallon storage tanks on the mauka side of the property. At this time, only the DHHL system is used for regular augmentation of Molokai Electric's operational water needs. This use has been included in the water use permit for the DHHL wells (Well Nos. 0801-01 & 02) which has been approved.

3. Mui Electric Co .. Ltd. - Molokaj Diyision - The applicant submitted four applications for proposed uses of brackish water from existing sources located on lands owned by the applicant. The current status of the wells, as determined from a December 21, 1992 field investigation, and their proposed uses are summarized as follows:

a. (Well No. 0603-06) Naiwa-MECO Irr #2. This source was not in use at the time of the field investigation. A pump has never been installed in the well after it was drilled. An allocation of 2,500 gpd is requested for future landscape irrigation use.

b. (Well No. 0604-03) Naiwa-MECO Open Pit. This dug well had been used for fire protection in the past. At the time of the field investigation, the well was not in use and not equipped with a pump or motor. An allocation of 150 gpd is requested for future fue protection use.

c. (Well No. 0604-04) Naiwa-MECO Irr #1. This drilled well is equipped with a pump and motor, however, the pump has been broken for two years. An allocation of 2,500 gpd is requested for future landscape irrigation use.

d. (Well No. 0604-(5) Naiwa-MECO Cooling Tower. This dug well was last used in June 1990. Two pumps with electric motors are installed in the well. An allocation of 350,000 gpd is requested for future industrial cooling and fue protection use. .

Additional information has been requested by staff for the proposed landscape irrigation and industrial COOling uses from Well Nos. 0603-06 and 0604-04 & 05. The appRcant has indicated that written documentation outlining project plans will be submitted by a representative in attendance. Future use of water from Well No. 0603-03 for fue protection is considered reasonable and beneficial and requires no further justification.

4. Molokai Ranch. Ltd. - This application is for future use of 1,440,000 gpd of brackish water for irrigation of 36 acres of coco palms and fish and shrimp aquaculture. On September 15, 1993, the Commission deferred action on this permit application and requested that additional information regarding the future water use be provided by the lessees of the property. On November 5, 1993, the applicant complied with this request and submitted a scheduling and development plan for the lessee's aquacultural operation (Attachment D). .

The development plan describes a three-phase implementation plan for a prawn and shrimp aquacultural operation. The operator and lessee has indicated that the first two increments of construction will take place by the summer of 1996 and will require 1,000 gpm, or 1,440,000 gpd of brackish water. The applicant requests an allocation sufficient to cover these first two phases, as it is fairly cenain that these first two increments of construction will occur as scheduled. The third increment of construction

4


is less certain and depends largely on the results of a land survey.

It is uncertain whether pumping at the proposed rate can be sustained without compromise to the water qUality. The previous operator of the well, Hawaiian Research Co., Ltd., had installed a 75 Hp pump with a capacity of 1100 gpm. It is not certain whether the pump was operated at full capacity; however, it is known that pumpage was not sustained throughout the year. Because of the seasonal irrigation requirement of the type of crop grown (com), heavy use was experienced for only a few months of each year. Because the effects of continuous pumping have not been tested, staff feels it would be prudent to allow the applicant to test the well at a lower pumping rate initially.

According to the development plan, the first stage of construction will require a total pumping rate of 600 gpm (about 864,000 gallons per day) and is tentatively planned to begin at the end of the 1993 calendar year. The next increment of construction is not scheduled to occur until the summer of 1996. During the first stage, pumping at a rate of 864,000 gpd can be monitored. Based on these results of pumping, the Commission will be in a better position to evaluate the potential of the well to sustain higher rates of pumping for stages 2 and 3.

The well is located near the shoreline, and there are no fishponds or other wells in the immediate vicinity. If the underlying saltwater is drawn upward, it will likely affect only the subject well. Impacts to surface waters and surface water biota are not anticipated. However, it is unclear what effects long-term pumping will have on the ground-water flow patterns in the immediate vicinity of the source.

It is uncertain why the Molokai Working Group did not include this future nonpotable water use in their projection (Exhibit 3). It may be that this operation has only recently been proposed. The well had been used as recently as 1992 by the Hawaiian Research Company, Ltd.

RECOMMENDAIION

1. That the Commission approve the issuance of an interim water use permit to the Hawaiian Research Ltd. for the reasonable and beneficial use of 46,000 gallons per day of brackish water for agricultural irrigation for use from the Umipaa Well (Well No. n /' 0603-01), subject to the standard water use permit conditions listed in Attachment B and

~ the following special condition:

\\ ~~d a.Th,e applicant may continue this eXiS,ting use of ground water within th,e limits ~v\\. approved by the Commission, and the actual issuance of the interim permit shall

not be a reason to interrupt this existing use.

2. That the Commission approve the issuance of an interim water use permit to the Maui Electric Company, Ltd. - Molokai Division for the reasonable and beneficial use of 150 gpd of brackish water from the Naiwa Dug Well (Well No. 0603-07) for weekly fire protection system testing and water quantities for actual fare protection as required, subject to the standard water use permit conditions listed in Attachment B and the following special condition:


3. That the Commission approve the issuance of an interim water use permit to the Maui Electric Company, Ltd. - Molokai Division to use brackish water from the NaiwaMECO Open Pit Well (Well No. 0604-03) for the reasonable and beneficial use of water quantities for actual fire protection as required, subject to the standard water use permit conditions listed in Attachment B.

4. That the Commission deny without prejudice the issuance of water use permits to the Maui Electric Company, Ltd. - Molokai Division for future landscape irrigation use of 2,500 gpd of brackish water from the Naiwa-MECO Irr #2 Well· (Well No. 0603-06) and 2,500 gpd of brackish water from the Naiwa-MECO Irc #1 Well (Well No. 0604-04),

5


and future industrial cooling use of 350,000 gpd of brackish water from the NaiwaMECO Cooling Tower Well (Well No. 0604-05), unless the applicant can show definite plans to use these requested amounts within the next four (4) years. If and when granted, the interim water use permit should be subject to the standard conditions listed in Attachment B and the following special condition:


5. That the Commission approve the issuance of a water use permit to the Molokai

Attach.

Ranch, Ltd. for the reasonable and beneficial use of 864,000 gallons per day of brackish water from the South Hoolehua Well (Well No. 0706-02) for irrigation and aquaculture, subject to the standard conditions listed in Attachment B and the. following special conditions:

a. The interim water use permit shall be subject to the five-year verification period afforded to existing uses.

b. The applicant must monitor chloride concentrations on a monthly basis and submit monthly reports of water use and chloride concentrations to the Commission.


EITH W. AHUE, Chairperson

~~"oh --~Y:----:~~V<-:_ . to~~ · _ ~.JvJ'/ ~VU>~1)~ ~,:v ~N~~~

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I') " IA~~'

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-tT\\ 0<-)--"") DJL ltJ'j'oy ~

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1.

2.

3a.

3b.


Source Information

AQUIFER: Manawainui System, Central Sector, Molokai Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:

2 mgd 0.645 mgd 1.355 mgd 0.006 mgd











Umipaa Well (Well No. 0603-01) Kalamaula, Molokai, TMK:5-2-11:28

Dug in 1972 72 in.

NA ft. 15 ft.

NA ft. NA ft.

-1 ft.

16 ft. NA ft.

Naiwa Dug Well (Well No. 0603-07) Kaluaapuhi Fishpond, Molokai, TMK:5-2-11 :23

Dug in 1950's NA in.

Oft. 11 ft.

NA ft. NA ft.

-4 ft.

15 ft. NA ft.


1980 4 in.

1.9 ft. 84 ft. 6 ft.

-2 ft. NA ft.

86 ft. NA ft.

Naiwa-MECO Open Pit (Well No. 0604-03) MECO Palaau Power Plant, Molokai, TMK:5-2-11:36

Dug in 1981 NA in.

A IT ACHMENT A


3c.

3d.

4.



WELL: Location: Year DriIled: Casing Diameter:



WELL: Location: Year Drilled: Casing Diameter: Elevation~ (msl = 0 ft.)

Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:





o ft. 16 ft.

NA ft. NA ft.

-3 ft.

19 ft. NA ft.

Naiwa-MECO Irr #1 Well (Well No. 0604-04) MECO PaIaau Power Plant, Molokai, TMK:5-2-11:31

1980 5 in.

1.8 ft .. 36 ft. 8 ft.

NA ft. -9 ft.

45 ft. NA ft.

Naiwa-MECO Cooling Tower (Well No. 0604-05) MECO PaIaau Power Plant, Molokai, TMK:5-2-11:31

Dug in 1980 90 in.

Oft. 34 ft.

32'-5" ft. NA ft.

-4 ft.

38 ft. NA ft.

South Hoolehua Well (Well No. 0706-02) Palaau Government Road, Moiokai, TMK:5-1-2: 18

Dug in 1947 NA in.

A TTACHMENT A

NA ft. 23 ft.

NA ft. NA ft.

-2 ft.

25 ft. NA ft.


-~ ound

'I ouled IIIW

"'" er level ~

Toli Dtplh

1..1 .scidcasilg I I I I I 1..1 . pert. casilg

'- .-

MI . open hoie

Use Information

1. Quantity Requested: 46,000 gallons per day. Existing Type of Water Use: Irrigation of 25 acres of com and sorghum. Place of Water Use: Kalamaula, Molokai at TMK: 5-2-11:0


1,480 gpd/acre 1,850 gpd/acre

2. Quantity Requested: 1,440,000 gallons per day. Existing Type of Water Use: Weekly testing and actual fire protection as required. Place of Water Use: Kaluaapuhi Fishpond, Molokai at TMK: 5-2-11:31


3a. Quantity Requested: 2,500 gallons per day. Proposed Type of Water Use: Irrigation of 10 acres of landscape. PlaCe of Water Use: MEeO Palaau Power Plant, MolQkai at TMK: 5-2-11:31


3b. Quantity Requested: 150 gallons per day. Proposed Type of Water Use: Fire protection. Place of Water Use: MECO Palaau Power Plant, Molokai at TMK: 5-2-11:36


3c. Quantity Requested: 2,500 gallons per day. Proposed Type of Water Use: Irrigation of 10 acres of landscape. Place of Water Use: MECO Palaau Power Plant, Molokai at TMK: 5-2-11:31


3d. Quantity Requested: 350,000 gallons per day. Proposed Type of Water Use: Industrial cooling and fire protection. Place of Water Use: MECO Palaau Power Plant, Molokai at TMl{: 5-2-11 :31

ATTACHMENT A

NAgpd NA gpd

NAgpd NAgpd

NA gpd NA gpd

NA gpd NA gpd

Chairperson and Members Commission on Water Resource Management


4. Quantity Requested: 500,000 gallons per day.

November 17. 1993

NA gpd NA gpd

Existing Type of Water Use: Irrigation of 36 acres of coco palms; fish and shrimp aquaculture. .

Place of Water Use: Palaau Govenunent Road, Molokai at TMK: 5-1-2:18

Reponed Water Usage: Nearby Similar Water Usage:


• Based on available water use data for Well No. 0603-01. Water use information not available for other sources.

Nearby Surroundin& Wells and Other Re&istered Ground Water Use

NAgpd NA gpd

0.037 mgd· (2% of Sy)

There are fifteen (15) other wells within a mile of Well No. 0603-01 (see Exhibit 6A). Four (4) or possibly five (5) of these wells are currently in use. There are eight (8) other wells within a mile of the Maui Electric Co., Ltd. - Molokai Division wells (Well Nos. 0603-06 & 07 and 0604-03 to 05; see Exhibit 6B). Two (2), possibly three (3) of these wells are currently in use. There are five (5) other wells within a mile of Well No. 0706-02, three (3) of which have possible existing use (See Exhibit 6C).

Information from the registration program indicates there are possibly thirty-four (34) existing wells in the Manawainui Aquifer System. Total water use reported for this system is 0.37 mgd; however, not all existing users have been established and some recently permitted uses have not submitted reports as yet. The 1992 Draft of the Maui Water Use and Development Plan, Island of Molokai does not provide an estimate for existing withdrawals from the Manawainui Aquifer System. However, the Final Report of the Molokai Working Group estimated the actual use from the Manawainui Aquifer System to be 0.056 mgd.

Public Notice

In accordance with HAR 113-171-17, public notices were published in the StarBulletin as indicated in Exhibit 1, and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural Resources, and other interested parties for comments. Wrinen comments and objections to the proposed permit were to be submitted to the Commission by the dates indicated in Exhibit 1.

Objections/Comments

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the maner; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection tener(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by the dates indicated in Exhibit 1.

ATTACHMENT A


1.

2.

To the best of staffs knowledge there are no objectors who have propeny interest within the Manawainui Aquifer System or who will be directly and immediately affected by the proposed water use. All objections and/or comments to the application are summarized as follows:

Objector/Commentator

NHAC

Maui County Council

HPD

Maui County Council

Objection/Comment

General process of water use permit applications. Permit should reflect seasonal variation in water use. Defer action pending reservation for DHHL lands. Restrict use to avoid affecting subsurface flows to fishponds and nearshore ecosystems and to honor native Hawaiian rights. .


Examine impact of withdrawal on necessary level of water in the pond should the site be returned into operation.


3.a. to c. General process of water use permit applications. Defer pending reservation for DHHL lands and pending bulk allocation to Maui DWS. Restrict use to avoid affecting subsurface flows to fishponds and nearshore ecosystems· and to honor native Hawaiian rights.

NHAC

3d. NHAC

Maui County Council

ATTACHMENT A

General process of water use permit applications. Defer pending reservation for DHHL lands and pending bulk allocation to Maui DWS. Restrict use to avoid affecting subsurface flows to fishponds and nearshore ecosystems and to honor nati ve Hawaiian rights.



Briefs in SUPPQrt

Responses to objections, or briefs in support, regarding the application are required to be filed with the Commission ten (to) days after an objection is filed and, presumably, copies are served to the applicant. . No briefs in support were filed with the Commission.

Fi~la InyeSlint jon

1. The water source and existing use was investigated on October 5, 1992. The investigation verified the applicants request for water use permit.

2. The water source and existing use was investigated on December 21, 1992. The investigation verified the applicants request for water use permit.

3.a. to d. The water sources and proposed uses were investigated on December 21, 1992.

The investigation verified the uses to be non-existent use.

4. The water source and proposed use was investigated on October 5, 1992. The investigation verified use to be non-existent.

·A TT ACHMENT A


STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable~neficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR §13-171-2).


3. The water use must at all times meet the requirements set forth in HAR § 13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as



5. The ground water use approved must not interfere with interim or pelJIWlent instream flow standards or policies as determined by the Commission. If it does, then:




7. . The water use permit application and staff submittal approved by the Commission at its November 17, 1993 meeting are incorporated into the permit by reference.


9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:


June 1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or

ATTACHMENT B


g. Carry out such other necessary and proper exercise of the State's and the Commissions's police powersunder law as may be required.



11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance the Commission's September 16, 1992 action on reponing requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Manawainui Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR §13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR 113-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.


15. The permittee shall comply with all applicable laws, rules, ordinances, and other agencies' permits and conditions penaining to water use or the water resource .

. 16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance

of the permit to assist the Commission in fulfillingHAR, §l3-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Manawainui Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to BAR §13-171-21. The fmal determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.


19. The water use permit shall be subject to the CWRM's establishment of instream standards and policies related to stream protection and management, as well as legislative mandates to protect stream resources.

ATTACHMENT B

• JOHN WAIHEE

GOVERNOR OF HAWAII KaTHW.AHUE

CHAIRPERSON

JOHN C. LEWIN. M.D.

STATE OF HAWAII ROBERT S. NAKATA

RICHARO H. COX. P.E.



GUY K. FUJIMURA

J. OOUGLAS ING. ESQ.

P. O. BOX 621


RAE M. LOU!. P.E.

Mr. Mike Ribao Maui Electric P.O. Box 378

AUG 30 1993

. Kaunakakai, HI 96748

Dear Mr. Ribao:

Applications for a Water Use Permit Maunawainui Ground Water Management Area. Molokai

We acknowledge receipt, on July 16, 1993, of your completed water use permit applications for the Naiwa Dug Well, Naiwa-Meco Open Pit, Naiwa-Meco Irr #1 Well, Naiwa-Meco Cooling Tower Well, Naiwa-Meco Irr #2 Well (Well Nos. 0603-"',0604 .. 03 to 05, and 0603-06). Please submit the original application forms for inclusion in our files.

OEPUTY

We also acknowledge receipt of your water use permit application for the KaluaapuhiMeco stream diversion (Stream Diversion No. 0604-01). Since this source is surface water in nature and the central portion of Molokai is a water management area for ground water only, it is unnecessary for you to obtain a water use permit from the Commission at this time. Therefore, we are returning your application for water use permit for this surface water source.

Also enclosed is the check for $150.00 which covers the filing fee for your five well sources and the surface water source. Please submit a check for $125.00 for processing of the five well sources which require a water use permit.

Upon receipt of the filing fee, we will continue to process your water use permit applications and will send you a copy of the public notice and any further information regarding the status of your applications. You can expect your applications to be processed within ninety (90) days from the date of receipt unless there are objections to your application.


LN:fc

encl.

Sincerely,

%tv~ /RAE M. LOUI Deputy Director

------------------------------------------------... ---!----~

STATE OF HAWAII/ DEPARTMENT OF LAND AND NATURAL RESOURCES / COMMISSION ON WATER RESOURCE MANAGEMENT Monday,August06,2007

GROUND WATER WELL INDEX / SUMMARY

ISLAND CODE 14 I. _ ... ~~~_~!~a~_~ __ . __ .. .,~~i_I?~Da~ __ ... __ ~!!!va~~!l~ In fee.! (ms.~>-___ ._ ... _ .. ___ .... _.J~i!iaL. ___ ._ Pump T!.st R~!5~I~

Total Bottom Bottom Bottom

Aqulf Year Case Depth Solid Perf of Hole Static Specific Installed Head Well No. Well Name Code Owner/User Drilled Latitude Longitude Type Dia in. ft. Ground Casing Casing CI- Temp Capacity T Capacity Use

0603-03 Naiwa-South 40202 210636 1570332 12 70 37 -33 935 UNU

.0603-07 Naiwa Meco 210614 1570348 DUG 1.440 INDF 0

·0604-01 Ooia 40202 Molokai Ranch 210627 1570418 DUG 4 2 -2 932 UNU

0604-02 Ooia-Unemori 40202 Unemori H 1986 210628 1570438 DUG 11 .144 e 0604-03 Naiwa-Meco-Pit Meca 210620 1510355 DUG INOF

0

0705-01 Naiwa 40202 Buchanan WI< 210654 1570534 DUG 12 0.8 893 21.9 .093 UNU

0705-02 Naiwa 40202 210657 1570518 12 73 23 -50 893 OTH

0705-03 Naiwa 40202 210651 1570510 250 22 -228 863 OTH

0705-04 Naiwa 40202 Hawn Rsrch Ltd 210654 1570534 DUG 9 10 4.8 21.9 IRR

0105-05 Naiwa 40202 Agrigenetics 1990 210748 1570508 PER 12 281 254 3 -27 -27 3.2 990 25.0 61 .576 AGR ,..0

page1Of1

~ .

.jP'-

DECLARANT (File Reference): MOLOKAI ELECTRIC

SITE VISIT DATE: December 21, 1992

PRESENT:

STATUS:

Mr. Mike Ribao Mr. Sonny Friel Sterling Chow

/(1) Dug well currently in use. Well index number 060&<Ii!-1o (Naiwa dug) will be assigned to this well.

/(2) Unused dug well. Well index number 0604-03 (Naiwa-MECO Open Pit) will be assigned to this well.

/(3) Unused drilled well. Well index number 0604-04 (Naiwa-MECO Irr #1) will be assigned to this well.

/(4) Unused drilled well. Well index number 0603-06 (Naiwa-MECO Irr #2) will be assigned to this well.

~5) Unused dug well. Well index number 0604-05 (Naiwa-MECO Cooling Tower) will be assigned to this well.

(6) Unused spring source. stream diversion number 0604-01 (Kaluaapuhi-MECO) will be assigned to this spring.

SOURCE{S): (1) TMK: 5-2-11:23. USGS Kaunakakai quad (Mo-3). Maunawainui aquifer system. Well to be assigned number 0603-07 (Naiwa Dug).

(2) TMK: 5-2-11:36. USGS Kaunakakai quad (Mo-3). Maunawainui aquifer system. Well to be assigned number 0604-03 (Naiwa-MECO Open Pit).

(3) TMK: 5-2-11:31. USGS Kaunakakai quad (Mo-3). Maunawainui aquifer system~ Well to be assigned number 0604-04 (Naiwa-MECO Irr #1).

(4) TMK: 5-2-11:31. USGS Kaunakakai quad (Mo-3). Maunawainui aquifer system. Well to be assi9ned number 0603-06 (Naiwa-MECO Irr #2).

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USE(S):

(5) TMK: 5-2-11:31. USGS Kaunakakai quad (Mo-3). Maunawainui aquifer system. Well to be assigned number 0604-05 (Naiwa-MECO Cooling Tower).

(6) TMK: 5-2-11:23. USGS Kaunakakai quad (Mo-3). Maunawainui aquifer system. Stream diversion to be assigned number 0604-01 (Kaluaapuhi-MECO).

(1) TMK: 5-2-11:31. USGS Kaunakakai quad (Mo-3) . Fire protection for Palaau Power Plant.

(2) Not in use.

(3) Not in use.

(4) Not in use.

(5) Not in use.

( 6) Not in use.

FIELD MOTES:

SUMMARY: Molokai Electric is able to receive water from the State Department of Hawaiian Home Lands system or from Molokai Ranch via pipelines that connect to 5,000 gallon and 25,000 gallon storage tanks on the mauka side of the property. Currently, Molokai Electric only receives water from the Department of Hawaiian Home Lands. Water from the DHHL system flows into the 5,000 gallon tank, into the 25,000 gallon tank, then into another 25,000 steel tank on the property with an electric pump for use by the power plant.

NOTE:

Of the six declaration forms that were received by the Commission, only one source, referred to as "Ooia" in the declaration, is in use as fire protection.

Mr. Ribao requested a copy of the field report and a copy of the declarations filed in 1989 for his records.

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(1) Well 0603-07 (Naiwa Dug):

1. Source: A dug well which draws water from what may be a portion of the Kaluaapuhi Fishpond that is overgrown with mangrove and other plants. Water is withdrawn by a through a 6-inch diameter steel intake pipeline located on the makai side of Palaau Road. A 1000 gpm pump and 100 hp diesel generator are located on the mauka side of the road. The outlet pipe is a 4-inch diameter steel pipe which increases in size to 6 inches in diameter.

2. Use: The well is used as fire protection for the Palaau Power Plant.

3. Quantity: The well is run once a week for testing. The outlet line does have an in-line flow meter.

4. Location: Source, TMK: 5-2-11:23.

5.

6.

Use, TMK: 5-2-11:31

Initially is was believed that this well was the "Ooia Dug Well" owned by Molokai Ranch. Molokai Ranch had registered the well as being leased to Molokai Electric for fire protection. However, well 0604-01 is not in the proper location relative to Palaau Road and the other wells on the Power Plant site. Therefore, this well was assigned the well number 0603-07 (Naiwa dug) and located on the USGS quad map using information from the tax maps. Well 0604-01 may be incorrectly plotted on the quad maps. The following is measured from the quad map:

latitude = 21 deg 06 min 25 sec N longitude = 157 deg 03 min 58 sec W

Ownership: Well site is leased from Molokai Ranch.

Well number 0603-07 (Naiwa Dug) will be assigned to this well.

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FiELD.PECTION INFORMA nON CHECWST (Ver.4/3/91)

PART I: USE OF WATER Declarant's File Reference: JI,Ib"V/)~trl tnec.Tt1<-

1. Tax Map Key where the water is used: .L-~-~:~. Does the declarant own this land?· ve~ If not, who does? _________________ _

What is the water used for? EIP1=- ~CIf?~ FtJt- 17o~ 'P.~ If for irrigation. how many acres are being irrigated by crop type? ______ _

If for livestod:. how many and what kind? ___________ _ If for drinking, at how many houses? ______ by how many people?

Is the quantity of water use being measured? ~ If yes. document the location or the me:lSUI'ement point and method of measurement; also get use records if these were not submitted previously. ~ 1-te,'PI!I- n-vo~~ IWru;;:r ? 1~lto£,

If this person takes from a multi-user pipe or ditch system: How is the water taken from the system? _______________ _ W'hat is the capacity for ta1cing (gpm)? _______________ _

How often is it taken (used)? ____ ~~;...--------------lAJf;IIl'i .

PART II: WATER SOURCE :.Source #: 06 tJ:J. - 07 N arne: /J Ih wtJ.- 1)U t,

1.

2.

3.

Where does the water come from I what kind of source is this?"Dub 111fii,kL-?UrAP p~ ~ F~ E=f}1...t.A»e fMU--I "POM> 11-!:#t

1) Wells (drille , dug, el) Types of source~· e: .

2) Diversions (ditc , pipe, pump. or livestock from a stream, spring, swamp, pond) 3) Multi-sourc: systems. (Declared use cannOt be traced to a single well or diversion) NOTE: If a multi-user system: ~ from pipe or ditch (need to determine whether this is a multi-source or single-source system before the data can be input to the computer 4) InstrCam (Le., crops planted along water «;dge)

Show the source location on maps, determine latiOlde and longitud~ and document the narure of source development by measurements, sketches, and photographs. How is the water taken? f!9M &lAPV Mftf: /..Iff-1-1 °0#1' 'J.~" AJ t VOH-I>7· 01' rt" w What.is the capacity for taking (gpm)? ,,~6'M (MM, C!UT'f1eu,~ ... J I'" W-' tne:<A!t. ~

, How often is it taken (used)? 2'l(:ItJ {)AlUi 11- wt~<...- F~ *YJ1J' 6 ~ (d /fo.IIi61"

~Llr~ +"(!}~b"¢ Tax Map Key at the source: !::r -.....=: --.!..!..-.: L3. Derennine declarant's relation to source. Does the declarant:

1) Operate and maintain the source? ves If not, who does? ________ _ 2) Own the land at the sourc:? ..!:::i!!....- If not, who does? IUt1'L-Dlq9=1 'f11tNc.Jt 3) Use the water from this source? ~ If not, who does? _________ _ 4) Own the land where the water is being u.sed? ~ 5) None of the above? If so, why did they file? _________ _

4. Does anyone else also use water from this source? /v,) If yes, is their use included in this user's declaration? _ Who are the ouier users? Did they file? ____ _

VERIFIED BY: .s -r.e~/Alh c.IIoW DATE: /7...-'2-/-12..

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JOHN WAIHEE ,. HOALIKU L. DRAKE · ~ 1608.77 11 10 john waihee governor state of hawaii ,. hoaliku...

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Transcript of JOHN WAIHEE ,. HOALIKU L. DRAKE · ~ 1608.77 11 10 john waihee governor state of hawaii ,. hoaliku...