“Public services are never better performed than when their reward comes in consequence of their being performed, and is proportioned to the diligence employed in performing them.” - Adam Smith "If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good." - Thomas J. Watson, Jr. “What counts in life is not the mere fact that we have lived. It is what difference we have made to the lives of others that will determine the significance of the life we lead.” - Nelson Mandela "You've got to go out on a limb sometimes because that's where the fruit is." - Will Rogers

1. COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAII
PETITION TO AMEND INTERIM ) CASE NO. CCH-MA13-01
INSTREAM FLOW STANDARDS FOR )
HONOPOU, HUELO (PUOLUA), ) AMICUS CURAE
HANEHOI, WAIKAMOI, ALO, ) JUDICIAL NOTICE
WAHINEPEE, PUOHOKAMOA, )
HAIPUAENA, PUNALAU/KOLEA, )
HONOMANU, NUAAILUA, PIINAAU, )
PALAUHULU, OHIA (WAIANU), )
WAIOKAMILO, KUALANI, WAILUANUI, )
WEST WAILUAIKI, EAST WAILUAIKI, )
KOPILIULA, PUAKAA, WAIOHUE, ) Lawrence H. Miike
PAAKEA, WAIAAKA, KAPAULA, ) Hearings Officer
HANAWI, AND MAKAPIPI STREAMS ) Commission On Water Resource
____________________________________________) Management
AMICUS CURAE
JUDICIAL NOTICE
May it please this judicial body,
Water Quality is an integral part of the Findings of Fact, Conclusions of Law; Decision
and Order. To assure the findings of fact fully address water quality and in specific and in
particular the safety of water for human consumption collected and transported by East Maui
Irrigation Co., Ltd. (EMI) and distributed by Maui Department of Water Supply (MDWS)
recommended is the issue of the semi-slug Parmararion cf. Martensi1
carrier of infective third-
stage larvae of the nematode Angiostrongylus cantonensis, the causitive agent of human
eosinophilic meningoencephalitis is addressed in the Findings of Fact and is incorporated into
the Decision and Order.
1 Paramarion cf. Matensi. Scientific classification: Kingdom: Animalia, Phylum: Mollusca, Class: Gastropoda,
Superfamily: Helicarionoida, Family: Ariophantidae, Asubfamily: Ostracolethinae, Genus Paramarion,
Species: P. martensi. Source: Wikipedia https://en.m.wikipedia.org/wiki/Paramarion_martensi

2. A question that has flummoxed public-health authorities is how the nematode
makes its way into humans. The evidence suggests that, in Puna, the rural areas
where first rat-lung worm outbreaks were centered, the parasite sometimes
reaches people through drinking water. [Emphasis Supplied]
Source: Alissa Greenberg. Rat Lungworm, The Tropical Parasite That Took
Hawaii By Surprise. The New Yorker. June 12, 2017.
http://www.newyorker.com/tech/elements/rat-lingworm-the-tropical-parasite-that-took-hawaii-by-surprise
______________________
Cases of he disease are clearly on the rise. On Maui over the last decade,
there have been just two cases of infection. But in the past three months,
there have been eight cases all rooting from Hana and East Maui.
Semi-slugs can even crawl up the sides of your house and enter your home (this
is a special skill that they have), and they can also crawl into water tanks,
infecting a whole water system by drowning and releasing parasites into the
water through their skin.
[Emphasis Supplied]
Source: Alex Mitchell. What you need to know about rat lungworm disease on
Maui. May 4, 2017. https://mauitime.com/news/health/what-you-need-toknow-about-rat-lungworm-
disease-on-maui/
_______________________
The climbing behavior of P. cf. martensi on water tanks is a potential health
concern because of the chance that semi-slugsmight transmit various disease
organisms into drinking water. Contaminated drinking water is a potential
source of A. cantonenis infection for humans (Wallace and Rosen 169b). Cheng
and Alicata (1964) found that infective-stage A. cantonenis were released into
water from both damaged and undamaged Achatina fulica and Subulina octona
(Bruguière, 1972) and survived up to 72 hr. [Emphasis Supplied]

3. Source: Robert G. Hollingsworth2
, Rachel Kaneta3
, James J. Sullivan, Henry S. Bishop,
Yvonne Qvarnstrom, Alexandre J. da Silva and David G. Robinson. Distribution of
Paramarion cf. Martensi (Pulmonata: helicarionidae), a New Semi-Slug Pest on Hawai`i
Island, and Its Potential as a Vector for Humaan Angiostrongyliasis. University of
Hawai`i at Mānoa. January 9, 2007. Attached.
_______________________
Hawaii Department of Health – Rat Lungworm Outbreak 2017 – Transparency is
attached and is incorporated by reference as to be completed stated herein.
_______________________
Robert G. Hollingsworth, Ph.D., U.S. Department of Agriculture (USDA) and Sarah Y.
Park, M.D., F.A.A.P., State Epidemiologist, Department of Health, contributing authorities int
the above-cited articles are included in Joint Task Force established by Governor David Ige to
combat ratlungworm disease in Hawaii.
Source:Office of the Governor. DOH News Release:Joint Task Force Established to
Combat Rat Lungworm Disease in Hawaii. May 13, 2016. http://governor.hawaii.gov/newsroom/latest-
news/doh-news-release-joint-task-force-established-to-combat-rat-lungsorm-disease-in-hawaii/
_______________________
State of Hawaii, Department of Health, Safe Drinking Water Branch (SWDB)
Mission
The mission of the Safe Drinking Water Branch of the Department of Health is to
safeguard publich health by protecting Hawaii's drinking water resources (surface
and groundwater) from contamination and assure that owners and operators of
public water systems provide safe drinking water to the community. The
contaminants (microorganisms) regulated by the SWDB follow the National
Primary Drinking Water Regulations. Not included: P. cf. Martensi .
Source: U.S. Environmental Protection Agency (EPA). National Primary
Drinking Water Regulations. Ground Water and Drinking Water. https://www.epa.gov/ground-
water-and-drinking-water/national-primary-drinking-water-regulations#Microorganisms
2 U.S. Department of Agriculture, Agricultural Research Service, U.S. Pacific Basin Agricultural Research
Center, Hilo, Hawaii
3 U.S. Department of Agriculture, Agricultural Research Service, U.S. Pacific Basin Agricultural Research
Center, Hilo, Hawaii

4. State of Hawaii, Department of Health, Clean Water Branch (CWB)
Organizational Structure
The Clean Water Branch is structured to implementand maintain the Statewide
Clean Water Program for recreational and ecosystem protection In 1990, Act 298
and other acts established authority for the Hawaii Adminsitrative Rules (HAR),
Chapter 11-55 (formerly Chapter 37), “Water Pollution Control,” and HAR
Chapter 11-54 (formerly Chapter 37-A), “Water Quality Standards”.
The Hawaii Beach Monitoring program specifically applies to beaches and
explicity excludes inland waters up stream of the mouth of a river or stream,
as specified in the 2014 National Beach Guidance. Hawaii's recreational water
quality standards specify the use of enterococci4
as the indicator bacteria (also
identified as a fecal indicator or pathogen indicator.) Enterococci is used to
identify the possible presence of pathogenic bacteria that may cause illness in
users of recreational waters.
[Emphasis supplied]
Hawaii Beach Monitoring Program, May 22, 2017, attached.
_______________________
Hawaii Administrative Rules, Title 11. Department of Health. Chapter 34. Water
Quality Standards.
§11-54-1. “State waters” This chapter applies to all state waters, including
wetlands, subject to the following exceptions:
(1) This chapter does not apply to groundwater.
(2) This chapter does not apply to ditches, flumes, ponds and reservoirs that
are required as part of a water pollution control system.
4 Enerococci – Potentially harmful organisms such as bacteria, viruses, protozoa or parasites. Source: Hawaii
DOH, Clean Water Branch. (P. cf. martensi is not an item monitored by DOH, Clean Water Branch)

5. (3) This chapter does not apply to ditches, flumes, ponds and
reservoirs that are used solely for irrigation and do not overflow into
any other state waters, unless such ditches, flumes, ponds, and
reservoirs are waters of the United States as defined at 40 C.F.R.
122.2.
[Emphasis Supplied]
_______________________
For the benefit of present and future generations, the State and its political
subdivisions shall conserve and protect Hawaii's natural beauty and all
natural resources, including land, water, air, minerals and energy sources,
and shall promote the development and utililization of these resources in a
manner consistent with their conservation and in furtherance of self-
sufficiency of the State.
All public natural resources are held in trust by the State for the benefit of
the people.
Source: League of Women Voters of Hawaii. The Constitution of the State of
Hawaii. Article XI – Conservation, Contol and Development of Resources.
http://www.lwv-hawaii.com/govt/constitution/art11.htm
_______________________
“The Public Trust Doctrine, as institutionalized in Hawai`i makes our situation
very different from the continental U.S.”
“In Hawai`i the most valuable product of the forest is water, rather tha wood. It
follows that conservation of its watersheds by keeping them permanently clothed
in protecting forests is the chief duty of the forester.”
- Ralph S. Hosmer, First Territoial Forester
“People like to say here in Hawai`i that land is power – but really water is power.”
– William Paty, former Chairman, Department of Land and Natural Resources
Source: Scott A.K. Derrikson, AICP. Water, Culture, and the Public Trust. University of
Hawaii. Attached.

6. HAWAII REVISED STATUTES CHAPTER 174C
STATE WATER CODE
§174C-2. Declaration of policy.
(a) It is recognized that the waters of the State are held for the benefit of the
citizens of the State. It is declared that the people of the State are beneficiaries
and have the right to have the waters protected for their use.
(c) The state water code shall be liberally interpreted to obtain maximum
beneficial use of the waters of the State …
(d) The state water code shall be liberally interpreted to protect and improve
the quality of the waters of the State … The people of Hawaii have have a
substanial onterest in the prevention, abatement, and control of both new and
exixting water pollution and in the maintenance of high standards of water
quality.
§174C-3. Definitions. “Commission” means the commission on water resource management.
PART V. WATER QUALITY
§174C-66. Jurisdiction over water quality.
The department of health shall exercise the powers and duties vested in it for the
administration of the State's water control program as provided by law.

7. §174C-67. Exchange of information.
(a) The department of health shall submit to the commission such information as the
commission shall require as prescribed in its rules, provided it does not jeopardize any
pending or ongoing enforcement action.
(b) The commission shall submit to the department of health swuch information as the
department of health shall require, for the performance of its water quality functions.
______________________
The sole and only enforcement action material and relevant to Commission Docket
CCH-MA13-01 is the State of Hawaii's action initiated and established by Governor David Ige
to control, treat, and prevent rat lungworm disease.
Legal jeopardy attaches to the State of Hawaii in that the Department of Health has, to
date, has not proactively established and implemented a water quality program to address the
incursion of the semi-slug Parmararion cf. Martensi (P. cf. martensi) into Hawaii's water and
drinking water systems.
Additional legal jeopardy attaches to the State of Hawaii by and through the
Commission should the Commission fail to include in its determination of water quality in
Commission Docket CCH-MA13-01 any findings and determinations as to incursions of the
semi-slug Parmararion cf. Martensi (P. cf. martensi) into the water collected, transported and
distrributed by East Maui Irrigation Co., Ltd, thereafter sold, in specific and in particular, to the
Maui Department of Water Supply (MDWS), the waster provider for Maui County for use and
consumption by its customers, residents, businesses, and visitors to Maui.
Reference
Governor Ige Announces Stepped Up Efforts
to Prevent Rat Lungworm Disease and Expanded Role of Joint Task Force
“We are bringing together local experts from relevant fields to increase
public awareness, improve our response activities, and explore ways to
control and treat the disease. They will work together with the Joint Task
Force we established last year to step up prevention beyond Hawai`i
Island where the first cases were reported.”
Source: Office of the Governor. August 2, 2017.

8. Signed this 12th Day of August in the Year 2017 at Wailuku, Maui, Hawaii
SIGNED CMH
Clifton M. Hasegawa
President and CEO, Clifton M. Hasegawa & Associates, LLC
Administrator, Citizens for Openness in Government
1322 Lower Main Street A5
Wailuku, Hawaii 96793
Mobile: (808) 419-5481
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
CERTIFICATE OF SERVICE
I hereby certify that the following were served via email, this date, August 12, 2017
1. Amicus Curiae – CWRM CCH-MA13-01, dated, August 12, 2017
2. Distribution of Parmarion cf. Matensi.A New Semi-Slug.Vector for Human
Angiostrongyliasis, Hollingsworth, et. al.
3. Hawaii Department of Health – Rat Lungworm Outbreak 2017 – Transparency
4. Hawaii Clean Water Branch – Beach Monitoring Program – May 22, 201
5. Water, Culture, and the Public Trust
Dr. Lawrence H. Miike
Hearings Officer
Alan T. Murakami, Esq.
Camille K. Kalama, Esq.
Summer L. Sylva, Esq.
Native Hawaiian Legal Corporation
Attorneys for Nā Moku Aupuni O Ko`olau Hui

9. David Schulmeister, Esq.
Elijah Yip, Esq.
Attorneys for Alexander & Baldwin, Inc. and East Maui Irrigation Company, Ltd.
Patrick Wong, Esq.
Caleb Rowe, Esq.
Kristin Tarnstrom, Esq.
Dept. of the Corporation Counsel, County of Maui
Attorneys for County of Maui, Department of Water Supply
Isaac Hall, Esq.
Attorney for Maui Tomorrow
Suzanne D. Case, Chairperson
Department of Land and Natural Resources and
Commission on Water Resource Management
SIGNED CMH
Clifton M. Hasegawa
President and CEO, Clifton M. Hasegawa & Associates, LLC
Administrator, Citizens for Openness in Government
1322 Lower Main Street A5
Wailuku, Hawaii 96793
Mobile: (808) 419-5481
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
[Web Citations Supplied]
1. Robert G. Hollingsworth, Rachel Kaneta, James J. Sullivan, Henry S. Bishop, Yvonne
Qvarnstrom, Alexandre J. da Silva and David G. Robinson.
Distribution of Paramarion cf. Martensi (Pulmonata: helicarionidae), a New Semi-Slug Pest on
Hawai`i Island, and Its Potential as a Vector for Humaan Angiostrongyliasis.
University of Hawai`i at Mānoa. January 9, 2007.
http://manoa.hawaii.edu/ctahr/farmfoodsafety/wp-content/uploads/2011/01/Hollingsworth_2007_Distribution.pdf
2. Hawaii Department of Health – Rat Lungworm Outbreak 2017 – Transparency
https://www.slideshare.net/cliftonmhasegawa/state-of-hawaii-department-of-health-rat-lungworm-outbreak-2017-
facts-lies-and-quality-management

10. 3. Hawaii Beach Monitoring Program, May 22, 2017
https://health.hawaii.gov/cwb/files/2017/05/Hawaii-Beach-Monitoring-Program-170508.pdf
4. Scott A.K. Derrikson, AICP. Water, Culture, and the Public Trust. University of
Hawaii. http://www.hawaii.edu/wrrc/publication/wrrc_conf_2003_01/wrrc_conf_jan03/Derrikson_talk.pdf