"We are a nation of laws with respect and recognition of the rule of law. We are not an imperialist government with a monarch abiding by the rule of one man." - Marsha Blackburn Commitment to the rule of law provides a basic assurance that people can know what to expect whether what they do is popular or unpopular at the time." - Sandra Day O'Connor

1. September 4, 2017
COUNTY OF MAUI
COUNCIL OF THE COUNTY OF MAUI
POLICY, ECONOMIC DEVELOPMENT, AND AGRICULTURE COMMITTEE
The Honorable Yuki Lei K. Sugimura, Committee Chair
The Honorable Stacy Crivello, Vice-Chair
The Honorable Alika Atay
The Honorable Robert Carroll
The Honorable Elle Cochran
The Honorable Don S. Guzman
The Honorable Riki Hokama
The Honorable Kelly T. King
The Honorable Mike White
Re: Meeting of the Policy, Economic Development, and Agriculture Committee, Tuesday,
September 5, 2017 – Presentation on Diversified Agriculture Issues in Maui County
(PEA-1(4)). Description: Pursuant to Rule 7(B) of the Rules of Council, the Committee
intends to accept a presentation from Alexander & Baldwin, Inc. (Diversified
Agriculture Division) and the Office of Economic Development on diversified
agriculture issues in the County of Maui, including lands formerly used by Hawaiian
Commercial & Sugar Company (“HC&S”). Status: The committee may receive a
presentation and discuss related matters. No legislative action will be taken.
Dear Chairwoman Sugimura, Vice-Chairwoman Crivello, Council Member Atay, Council
Member Carroll, Council Member Cochran, Council Member Guzman, Council Member
Hokama, Council Member King and Council Chairman White,
The availability of water is central to implementation of Alexander & Baldwin's
diversified agriculture plan. A Final Decision is pending.
Hearings Officer Lawrence Miike issued an Amended Report on July 28, 2017. By
Minute Order 29 issued on August 2, 2017, Hearing Officer Miike allowed the parties to file
exception by close of business September 1, 2017. Stated therein, “The Commission will hear
oral arguments on the written exceptions at a date, time, and place to be announced”. As of
today, September 4, 2017, “No hearings are scheduled at this time”. Source: DNLR, CWRM.
http://dnlr.hawaii.gov/cwrm/newsevents/cch/cch-ma13-01/ Accessed September 4, 2017.
The requirement for an Environmental Impact Statement (“EIS”) has been previously
raised. The Commission on Water Resource Management (“CWRM”) has not issued a
decision on this matter. The CWRM decision is subject to appeal to the Courts.

2. Senator Mike Gabbard, Chairman of the Senate Committee on Agriculture and
Environment, at the Public Hearings on HB 2501, asked Alexander & Baldwin President and
Chief Executive Officer Christopher Benjamin, “Is A&B preparing the EIS as requested by this
Committee?” Mr. Benjamin replied, “Senator, A&B does not intend to prepare an EIS”.
____________________
Hawaii Revised Statutes, Chapter 343, Environmental Impact Statements. Case Notes.
The proper inquiry for determining the necessity of an
environmental impact statement (EIS) based on the language of
§343-5(c) is whether the proposed action will “likely” have a
significant effect on the environment; as defined in this section,
“significant effect” includes irrevocable commitment of natural
resources; where the burning of thousands of gallons of fuel and the
withdrawal of millions of gallons of groundwater on a daily basis
would “likely” cause such irrevocable commitment, an EIS was
required pursuant to both the common meaning of “may” and the
statutory definition of “significant effect”. 106 H. 270, 103 P.3d
939.
“The use of public land should be handled in a fair and transparent way”
Senator Mike Gabbard, Chairman, Senate Committee for Agriculture and Environment
“A&B received water allocations “despite no actual need, no business
plan and no economic assessment”. [Emphasis Supplied]
Summer Sylva, Esq., Native Hawaiian Legal Corporation, Attorneys for
Petitioners Nā Moku Aupuni O Ko`olau Hui, Lurlyn Scott and Sanford
Kekahuna
Source: Lee Imada, Managing Editor, The Maui News. Officer urges more
water returned to streams. East Maui stream flow increases still 'a gross
imbalance' according to Native Hawaiian cultural practitioners. August
27, 2017. Accessed September 4, 2017. https://www.mauinews.com/news/local-
news/2017/08/officer-urges-more-water-returned-to-streams/

3. A few years ago, we saw the demise of the SuperFerry. Its failure
has been attributed to environmental objections and a hostile court.
But that is not what happened. The fact is the state failed to follow
the law. When we tried a legal end run, it also failed. The point is
the state should have followed the law and done the right thing in
the first place.
We must learn from the failures of the past and vow not to repeat
them. Because we are running out of chances.
Source: Governor David Ige. State of The State Address. January 25, 2016.
Accessed September 4, 2017. http://governor.hawaii.gov/newsroom/governors-office-news-
release-governor-iges-state-of-the-state-address/
______________________
Clarity, transparency and the Public Trust are key elements in your deliberations.
Thank you for the opportunity to share my thoughts with you.
Aloha
Respectfully,
Clifton M. Hasegawa
President and CEO
Clifton M. Hasegawa & Associates, LLC
1322 Lower Main Street A5
Wailuku, Hawaii 96793
Email: clifhasegawa@gmail.com
Telephone: 808.419.5481
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa