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Alexander and Baldwin - East Maui Irrigation - Hawaii Legislature -- Land, Water and Power
1. HAWAII DEPARTMENT OF LAND & NATURAL RESOURCE
COMMISSION ON WATER RESOURCE MANAGEMENT
SOPHISTRY & STRATAGEM REVEALED
HB2501 HD2 SD2 CD1 Relating to Water Rights was Passed by the Legislature
on 5/4/2016 and transmitted to Governor David Ige on 5/5/2016 for signature and
enactment into Law.
The legal deficiencies that existed throughout the discussions by the Legislature
still remains.
1. The rightful applicant to the water rights is unresolved. The following email
to the Commission on Water Resource Management identified East Maui
Irrigation and Alexander & Baldwin as being granted rights to water by the
Department of Land & Natural Resources.
2. The action by the Department of Land & Natural Resources usurps and
contravenes the grant of authority by Hawaii Revised Statutes to the
Commission on Water Resource Management to be the sole manager of
Hawaii’s Water Resources.
3. Inaction by the Commission on Water Resource Management is by
ommission, neglect or furtive intent, fraud, waste and abuse of its
governmental authority.
4. By commission and participation by the Hawaii Legislature to cooperate and
get along, they are equally co-conspirators in this chacannery.
5. Governor Ige Beware. The Buck has been Passed to You.
2. Clif Hasegawa <clifhasegawa@gmail.com>
A&B Closure of Sugar Operations on Maui - CWRM Action - CMH Submittal
Friday, January 08, 2016
Clif Hasegawa <clifhasegawa@gmail.com>
Fri, Jan 8, 2016 at 10:28
AM
To: dlnr.cwrm@hawaii.gov
Cc: "Ice, Charley F" <Charley.F.Ice@hawaii.gov>, "Burgon, Jonas D"
<Jonas.D.Burgon@hawaii.gov>, Maui Tomorrow <Webmaster@maui-
tomorrow.org>, Mark Sheehan <mark@marksheehan.com>,
skuriyama@abinc.com, cbenjamin@xceldyne.com, "Meredith Ching, Senior Vice
President, A&B" <mching@abinc.com>, “Cyn Kunihisa A&B Inc”
<ckunihisa@abinc.com>
COMMISSION ON WATER RESOURCE MANAGEMENT
Chairperson, Suzanne D. Case,
Deputy Director, Jeffrey T. Pearson, P.E.
Commissioner, William D. Balfour, Jr.
Commissioner, Kamana Beamer
Commissioner, Michael G. Buck
Commissioner, Milton D. Pavao
Commissioner, Virginia Pressler, M.D.
Commissioner, Jonathan Starr
Dear Chairperson Case, Deputy Director Pearson, Commissioner Balfour,
Commissioner Beamer, Commissioner Buck, Commissioner Pavao, Commissioner
Pressler and Commissioner Starr,
Mr. Mark Sheehan brought to my attention that revocable permits for Alexander &
Baldwin and East Maui Irrigation Co., Ltd. were renewed by the Board of Land
and Natural Resources at the meeting held on December 11, 2015. This
correspondence is to address this matter. The action by the Board of Land and
Natural Resources unequivocally confirms and further amplifies the requirement
for Alexander & Baldwin and East Maui Irrigation Co., Ltd. file new permit
applications for their proposed diversified agricultural operations.
3. Specifically, the revocable permits reviewed and acted on by the Board of Land and
Natural Resources on December 11, 2015 for Alexander & Baldwin and East Maui
Irrigation Co., Ltd. were as follows:
Document No. Lessee Name Character of Use Leased Area
rp7263 Alexander & Baldwin, Inc. Water* 3,381.000
rp7265 Alexander & Baldwin, Inc. Water* 10,768.000
rp7264 Alexander & Baldwin, Inc. Water* 8,752.690
rp7266 East Maui Irrigation Co., Ltd. Water* 10,111.220
rp7582 Alexander & Baldwin, Inc. Agriculture 0.227
rp7503 Alexander & Baldwin, Inc. Agriculture 6.107
rp7506 Alexander & Baldwin, Inc. Agriculture 1.168
rp7368 Alexander & Baldwin, Inc. Sugarcane 778.371
* NOTE [Supplied] The Hawaii State Water Code, Chapter 174C, Hawaii Revised
Statutes gives the Commission on Water Resource Management exclusive
jurisdiction and final authority in all matters relating to implementation and
administration of the State Water Code. The action by the Board and Natural
Resources is not final and determinant on rp7263, rp7265, rp7264 and rp7266. It
would be disingenuous that rp7582, rp7503 and rp7506 to allege that these lands
are dedicated for non-sugar production purposes.
Additionally, the submittal by the Department of Land and Natural Resources,
Land Division contained the following caveat:
4. HRS CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:
In accordance with the Exemption List for the Department of Land and Natural
Resources, approved by the Environmental Council on June 5, 2015, the subject
action is exempt from the preparation of an environmental assessment pursuant to
Exemption Class 1, “Operations, repairs, or maintenance of existing structures,
facilities, equipment, or topographical features, involving negligible or no
expansion or change of use beyond that previously existing.” [Emphasis Supplied]
Project Title: Annual Renewal of Revocable Permits on the Islands of Hawaii,
Maui, Molokai, Kauai and Oahu
Project / Reference No. Not applicable
Project Location: Various locations statewide.
Project Description: Renew existing revocable permits for a term of one year.
Chap. 343 Trigger(s): Use of State Land
Exemption Class No.: In accordance with the Exemption
List for the Department of Land and Natural Resources, approved by the
Environmental Council on June 5, 2015, the subject request for issuance for right-
of-entry is exempt from the preparation of an environmental assessment pursuant
to Exemption Class 1, “Operations, repairs, or maintenance of existing structures,
facilities, equipment, or topographical features, involving negligible or no
expansion or change of use beyond that previously existing.” The annual renewal
of existing revocable permits on State lands involves the continuation of existing
uses on the lands. No change in use is authorized by the renewal.
Consulted Parties None as there is no change in use.
Recommendation: That the Board find this project will probably have
minimal or no significant effect on the environment and is presumed to be exempt
from the preparation of an environmental assessment.
5. The proposed Alexander & Baldwin “diversified agricultural operation” is not
related to or includes the production of sugar upon which grants and permits for
water and water allocations have been approved by the Commission based on
production of sugar.
All grants, permits and allocations for water thereby terminate automatically by
operation of law unless new permit applications are filed by Alexander & Baldwin
and/or East Maui Irrigation Co., Ltd/ (EMI), individually and/or collectively, for
in behalf of themselves and inclusive of all parties, private individuals, water
companies and/or business entities which Alexander & Baldwin, and/or East Maui
Irrigation Co., Ltd. (EMI) have agreements to provide water and/or appurtenances,
are filed with the Commission and approved by the Commission after review and
conducting the governmental process required by law.
Thank you very much.
Respectfully,
Electronically Signed
Clifton M. Hasegawa
President & CEO
Clifton M. Hasegawa & Associates, LLC
1044 Kilani Avenue 12
Wahiawa, Hawaii 96786-2243
Telephone: (808) 498-8408
Email: clifhasegawa@gmail.com
Web: www.linkedin.com/in/cliftonhasegawa
3 attachments removed by CMH