“The ordinary man is much more likely to the right thing if he really understands why he is doing it, and what will probably happen if he does something else; and the best basis for sound judgment is a knowledge of what has been done in the past, and with what results.” --- Sir John Cotesworth Slessor, Marshal of the Royal Air Force, GCB, DSO, MC, Senior Commander, Royal Air Force, Chief of the Air Staff from 1950 to 1952

1. 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. 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
* 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
determinative 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:

2. 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.
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. 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 conducting the governmental process required by law.

3. 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
Enclosures:
1. DEPARTMENT OF LAND AND NATURAL RESOURCES (DNLR)
Suzanne Case, Chairperson
Stanley H. Roehrig, Hawaii Member (Term: 7/01/14 – 6/30/18)
Keith “Keone” Downing, At-Large (Term: 4/01/15 – 6/30/18)
James A. Gomes, Maui Member (Term: 7/01/13 – 6/30/17)
Thomas Oi, Kauai Member (Term: 4/23/14 – 6/30/16)
Ulalia Woodside, Oahu Member (Term: 7/11/14 – 6/30/17)
Christopher Yuen, At-Large (Term: 7/11/14 – 6/30/18)
DLNR - Land Division
Responsible for the management of State-owned lands in ways that will promote the well-being of
Hawaii’s people and insure that these lands are used in accordance with the goals, policies and plans
of the State. Lands that are not set aside for use by other government agencies come within the direct
purview of the division. The division also serves as an office of record and maintains a central
repository of all government documents dating back to the “Great Mahele” of 1848.
THE COMMISSION ON WATER RESOURCE MANAGEMENT (CWRM)
Administers the State Water Code, which was created by the 1987 Hawaii State Legislature. The
Commission’s general mission is to protect and enhance the water resources of the State of Hawaii through
wise and responsible management.
There are a total of seven members on the Commission. Two are ex-officio (by virtue of office) members
and five are appointed by the Governor from lists submitted by a nominating committee, subject to
confirmation by the Senate.

4. Suzanne D. Case, Chairperson
William D. Balfour, Jr.
Kamana Beamer
Michael G. Buck
Milton D. Pavao
Virginia Pressler, M.D.
Jonathan Starr
The Commission on Water Resource Management is attached to the State of Hawaii’s Department of Land
and Natural Resources (DNLR) for administrative purposes only.
ATTACHED FOR ADMINISTRATIVE PURPOSES
Commission on Water Resource Management
“The State Constitution, Article XI, section 7, mandates the Legislature to provide for a
water resources agency to set overall water conservation, quality, and use policies; define
beneficial and reasonable uses; protect ground and surface water resources, watersheds, and
natural stream environments; establish criteria for water use priorities while ensuring
appurtenant rights and existing correlative and riparian uses; and establish procedures for
regulating all uses of Hawaii's water resources. This parallels Hawaii's public trust doctrine
under the State Constitution, Article XI, section 1, which requires the State to conserve and
protect Hawaii's natural resources and promote their development and utilization in a
manner consistent with their conservation. The section concludes, "All public natural
resources are held in trust by the State for the benefit of the people."4 This mandate of the
State Constitution led the Legislature in 1987 to enact the State Water Code, chapter 174C,
HRS, which 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. [Emphasis Supplied]
“The Commission is established under section 174C-7, HRS, and consists of seven
members, including the Chairperson of the Board of Land and Natural Resources who
serves as Chairperson of the Commission, and the Director of Health who serves as an ex
officio, voting member. The five remaining members are appointed to four-year terms by
the Governor, subject to confirmation by the Senate, from a list submitted by a nominating
committee.5 Each of these members is to have substantial experience in the area of water
resource management, and at least one member must have substantial experience or
expertise in traditional Hawaiian water resource management techniques and traditional
Hawaiian riparian usage, such as those preserved by section 174C-101, HRS.

5. 4 The Hawaii Supreme has held that, “article XI, section 1 and article XI, section 7 adopt the
public trust doctrine as a fundamental principle of constitutional law in Hawaii.
. . . .
“Under the public trust, the state has both the authority and duty to preserve the
rights of present and future generations in the waters of the state.” In re Water Use
Permit Applications, 94 Haw. 97,132, 141.
5 The nominating committee is composed of four individuals chosen as follows: two
persons appointed by the Governor; one person appointed by the President of the Senate;
and one person appointed by the Speaker of the House of Representatives. The nominating
committee solicits applications and sends to the Governor the names of at least three
individuals for each open position. See section 174C-7(d), HRS.
Source: Legislative Reference Bureau, State Capitol, Honolulu, Hawaii. Guide to Government in Hawaii
September 2013. Hawaii. Revised by Claire Marumoto, Research Librarian. http://lrbhawaii.org/gd/gdgovhi.pdf
2. BLNR – REVOCABLE PERMITS - Annual Renewal, Page 3, December 11, 2015
Project Title: Annual Renewal of Revocable Permits on the Islands of Hawaii, Maui, Molokai,
Kauai and Oahu.
Chap. 343 Trigger(s): Use of State Land
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. [Emphasis Supplied]
Doc 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
* 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.
Source: Department of Land and Natural Resources Friday, December 11, 2015
1. Agenda http://files.hawaii.gov/dlnr/meeting/agendas/151211-agenda.pdf
2. Annual Renewal of Revocable Permits on the Islands of Hawaii, Maui, Molokai, Kauai and Oahu.
http://files.hawaii.gov/dlnr/meeting/submittals/151211/D-14.pdf

6. Distribution
Commission on Water Resource Management (CWRM) <dlnr.cwrm@hawaii.gov>
Charley F. Ice, CWRM <Charley.F.Ice@hawaii.gov>
Jonas D. Burgon, CWRM <Jonas.D.Burgon@hawaii.gov>
Stanley M. Kuriyama, Chairman of the Board and Chief Executive Officer, A&B <skuriyama@abinc.com>
Christopher J. Benjamin, President and Chief Operating Officer, A&B <cbenjamin@xceldyne.com>
Meredith Ching, Senior Vice President, A&B <mching@abinc.com>
Cynthia Kunihisa, Executive Administrator, A&B <ckunihisa@abinc.com>
Maui Tomorrow <Webmaster@maui-tomorrow.org>
Mark Sheehan <mark@marksheehan.com>
Kathleen Gallagher, Pacific Business News <kgallagher@bizjournals.com>
Todd Simmons, Honolulu Civil Beat <todd@civilbeat.com>
Nick Grube, Honolulu Civil Beat <ngrube@civilbeat.com>
Andrew Walden, The Hawaii Free Press <hfpeditor@email.com>
Wendy Osher, Maui Now <wendy@mauinow.com>
Joe Bradley, The Maui News <jbradley@mauinews.com>
Lee Imada, The Maui News <leeimada@mauinews.com>