“Our goal is to empower as many people as possible to take simple, effective actions in their daily lives that will make the world a more just and sustainable place.”
- Ellis Jones
“The right way is not always the popular and easy way. Standing for right when it is unpopular is a true test of moral character.”
- Margaret Chase Smith
“The time is always right to do the right thing.”
- Martin Luther King, Jr.
“A new era of responsibility is here.”
– Valerie Jarrett
“The era of ‘anything goes’ is gone forever. I am happy to pass the torch of leadership to the new generation of leaders."
– Mwai Kibaki
Trail of Tears: A Tale of Injustice
When injustice becomes law, resistence becomes duty.
~ Thomas Jefferson
Injustice anywhere is a threat to justice everywhere.
~ Martin Luther King, Jr.
Fight injustice, that our childre might be blessed.
~ Rick Perlstein
Bataan: Tears in the Darkness
The Ohio Supreme Court decision in a case that started with three landowners and was later turned into a class action. The case claimed that landowner leases with Beck Energy Corp. were void and should be terminated because Beck never drilled wells on their property and that a provision allowing Beck to pay a nominal delay fee was against public policy. A lower court agreed, but it was overturned by an appeals court and now, the appeals court decision stands as ruled by the Supreme Court.
FERC Order Denying Stay of Kinder Morgan's Broad Run Expansion ProjectMarcellus Drilling News
Several anti-drillers filed an appeal of the Federal Energy Regulatory Commission's Certificate for the Kinder Morgan Broad Run Expansion Project, asking for a stay claiming a removal of 40 acres of forest for a compressor station would irreparably harm Mom Earth. FERC has ruled against the stay and told the antis Mom Earth will be just fine.
“A new era of responsibility is here.”
– Valerie Jarrett
“The era of ‘anything goes’ is gone forever. I am happy to pass the torch of leadership to the new generation of leaders."
– Mwai Kibaki
Trail of Tears: A Tale of Injustice
When injustice becomes law, resistence becomes duty.
~ Thomas Jefferson
Injustice anywhere is a threat to justice everywhere.
~ Martin Luther King, Jr.
Fight injustice, that our childre might be blessed.
~ Rick Perlstein
Bataan: Tears in the Darkness
The Ohio Supreme Court decision in a case that started with three landowners and was later turned into a class action. The case claimed that landowner leases with Beck Energy Corp. were void and should be terminated because Beck never drilled wells on their property and that a provision allowing Beck to pay a nominal delay fee was against public policy. A lower court agreed, but it was overturned by an appeals court and now, the appeals court decision stands as ruled by the Supreme Court.
FERC Order Denying Stay of Kinder Morgan's Broad Run Expansion ProjectMarcellus Drilling News
Several anti-drillers filed an appeal of the Federal Energy Regulatory Commission's Certificate for the Kinder Morgan Broad Run Expansion Project, asking for a stay claiming a removal of 40 acres of forest for a compressor station would irreparably harm Mom Earth. FERC has ruled against the stay and told the antis Mom Earth will be just fine.
“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
Chasin' that neon rainbow
Livin' that honky tonk dream
Cause all I've ever wanted
Is to pick this guitar and sing
It's time to be somebody
Just wanna be heard and seen
I'm chasin' that neon rainbow
Livin' that honky tonk dream
~ Alan Jackson, "Chasin' That Neon Rainbow"
KIMO'S RULES
Never judge a day by the weather.
The best things in life aren't things.
Tell the truth - there's less to remember.
Speak softly and wear a loud shirt.
Goals are deceptive - the unaimed arrow never misses.
He who dies with the most toys - still dies.
Age is relative - when you're over the hill, you pick up speed.
There are 2 ways to be rich - make more or desire less.
Beauty is internal - looks mean nothing.
No Rain - No Rainbows.
KING KAMEHAMEHA III
The grant of water provided by King Kamehameha III was for the “promotion of agriculture and the general welfare of the kingdom, subject however to such restrictions as may from time to time be expressly provided by law.”
ThIS grant endures in perpetuity for the tenants upon said lands and streams growing taro.
The grant for the production of sugar is extinguished upon termination or diminishment of use for the production of sugar. These waters are allocable by discretion of the Commission on Water Resource Management (CWRM).
Water, ‘Wai” is Life.
Ua Mau ke Ea o ka ʻĀina i ka Pono
The life of the land is perpetuated in righteousness
On June 21, 2016, United States District Judge Scott Skavdahl granted BakerHostetler’s petition for review of final agency action and declared the Bureau of Land Management’s (BLM’s) hydraulic fracturing rule unlawful. The court’s judgment sets aside BLM’s hydraulic fracturing rule.
“Our world is very dishonest, and our leaders encourage dishonesty by setting bad examples - by lying, being corrupt, and using political sleight of hand to sustain power.”
--- Stuart Wilde
EPA Proposed “Waters of the United States” Ruleartba
EPA’s proposed “waters of the United States” rule extends federal authority too far and would lead to greater project delays, ARTBA explains to a joint House and Senate committees.
The Article Critique is required to be a minimum of two pages to a m.docxSANSKAR20
The Article Critique is required to be a minimum of two pages to a maximum of four pages, double-spaced, APA style,
from the journals and articles available in our CSU Library Databases. The article should deal with any of the material
presented in the first three units of this course. The article itself must be more than one page in length. The article critique
should include the following components:
A brief introduction of the article
Analysis of the key points in the article
Application and comparison of some points in the article that might be applied to the company you work for, or
have worked for
Summary of the article's conclusions and your own opinions
the article is:
Policy fíriefing
Senate Bill Aims to Prevent Chemical
Contamination of Surface Water
IHE CHEMICAL
spill that
' recently occurred in West
Virginia and interrupted
water deliveries to approximately
300,000 of that
state's residents has led to the introduction
of federal legislation aimed at preventing
the recurrence of such events.
Although improved protection of surface
water enjoys broad support, questions
have arisen as to who should oversee
and fijnd the additional regulatory
efforts called for in the bill.
On January 9 it was discovered that
thousands of gallons of chemicals used in
coal processing had leaked from storage
facilities at a tank farm located along the
Elk River in Charleston, West Virginia.
The chemicals entered the waterway approximately
1.5 mi upstream of a public
water supply intake, forcing officials
to recommend that residents of a ninecounty
area in and around Charleston
not use their drinking water. Lasting for
more than a week, this situation caused
considerable concern about health effects
and spurred calls for regulatory
protections.
On January 27 Senator Joe Manchin
(D-West Virginia) introduced the
Chemical Safety and Drinking Water
Protection Act of 2014 (S. 1961), legislation
that aims to protect surface water
from contamination from chemical
storage facilities. The bill would revise
the Safe Drinking Water Act to establish
state programs for overseeing and
inspecting chemical storage facilities
that are deemed to pose a risk to public
water sources. Within one year of enactment
of the legislation, states would
have to set requirements for chemical
storage facilities covered by the new
programs. These requirements would
address such topics as "acceptable standards
of good design, construction, or
maintenance," along with leak detection,
spill and overfill control, inventory
control, inspections of facility integrity.
and life-cycle maintenance, according to
the legislation.
Additional requirements would pertain
to emergency response and communication
plans, employee training and
safety plans, and the financial responsibility
of the owners of chemical storage
facilities. States would share with drinking
water providers the emergency response
plans fo.
Coalition letter to Senate supporting passage of the “Federal Water Quality P...artba
ARTBA and 59 other trade associations support legislation curbing EPA’s efforts to expand federal Clean Water Act jurisdiction to include roadside ditches.
Due Process Right to a "Clean and Healthful Environment"Jesse Souki
Session 4a: Recent Developments in Land Use and Planning Law; What do recent Hawaii Supreme Court decisions on the right to a “clean and healthful environment” mean for your planning practice?
THURSDAY, SEPTEMBER 12, 2019
2019 HAWAI I CONGRESS OF PLANNING OFFICIALS – MAUI
JESSE K. SOUKI, ESQ. – HILANDUSELAW.COM
TRANSFORMERS: AGE OF EXTINCTION
Optimus Prime: Honor to the end.
Optimus Prime: The world will know what you did here!
Joshua Joyce: The world? The world will approve! We can make you now. Don't you get it? We don't need you anymore.
Optimus Prime: Brave warriors, you are free!
Crosshairs: I'll ride with you anytime!
Excuses kill solutions and dilute passion. Kill excuses before it kills you. Focus is key! Obstacles will always exist on your path, but it's important to remember that it is not these challenges that stop us from becoming the amazing people we can be, it is often our own excuses that stop us. - Vijay Eswaran
Audit success comes from service, not from status. The true standards of audit practice are found within the auditor's character: honesty, integrity, self control and high ethical values. The printed standards are merely guidelines for trying to make the art of auditing into a profession. - Michael L. Piazza
Auditors must develop a reputation that proclaims that they know what they are doing... that their reviews are factual and unbiased... that they deserve to be respected... that they are professionals with professional qualifications. A fundamental key to audit success is the reputation for objectivity. That implies independence from activities reviewed. Complete independence is an unattainable goal while practical independence is not only possible but absolutely essential. - Larry Sawyer
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“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
Chasin' that neon rainbow
Livin' that honky tonk dream
Cause all I've ever wanted
Is to pick this guitar and sing
It's time to be somebody
Just wanna be heard and seen
I'm chasin' that neon rainbow
Livin' that honky tonk dream
~ Alan Jackson, "Chasin' That Neon Rainbow"
KIMO'S RULES
Never judge a day by the weather.
The best things in life aren't things.
Tell the truth - there's less to remember.
Speak softly and wear a loud shirt.
Goals are deceptive - the unaimed arrow never misses.
He who dies with the most toys - still dies.
Age is relative - when you're over the hill, you pick up speed.
There are 2 ways to be rich - make more or desire less.
Beauty is internal - looks mean nothing.
No Rain - No Rainbows.
KING KAMEHAMEHA III
The grant of water provided by King Kamehameha III was for the “promotion of agriculture and the general welfare of the kingdom, subject however to such restrictions as may from time to time be expressly provided by law.”
ThIS grant endures in perpetuity for the tenants upon said lands and streams growing taro.
The grant for the production of sugar is extinguished upon termination or diminishment of use for the production of sugar. These waters are allocable by discretion of the Commission on Water Resource Management (CWRM).
Water, ‘Wai” is Life.
Ua Mau ke Ea o ka ʻĀina i ka Pono
The life of the land is perpetuated in righteousness
On June 21, 2016, United States District Judge Scott Skavdahl granted BakerHostetler’s petition for review of final agency action and declared the Bureau of Land Management’s (BLM’s) hydraulic fracturing rule unlawful. The court’s judgment sets aside BLM’s hydraulic fracturing rule.
“Our world is very dishonest, and our leaders encourage dishonesty by setting bad examples - by lying, being corrupt, and using political sleight of hand to sustain power.”
--- Stuart Wilde
EPA Proposed “Waters of the United States” Ruleartba
EPA’s proposed “waters of the United States” rule extends federal authority too far and would lead to greater project delays, ARTBA explains to a joint House and Senate committees.
The Article Critique is required to be a minimum of two pages to a m.docxSANSKAR20
The Article Critique is required to be a minimum of two pages to a maximum of four pages, double-spaced, APA style,
from the journals and articles available in our CSU Library Databases. The article should deal with any of the material
presented in the first three units of this course. The article itself must be more than one page in length. The article critique
should include the following components:
A brief introduction of the article
Analysis of the key points in the article
Application and comparison of some points in the article that might be applied to the company you work for, or
have worked for
Summary of the article's conclusions and your own opinions
the article is:
Policy fíriefing
Senate Bill Aims to Prevent Chemical
Contamination of Surface Water
IHE CHEMICAL
spill that
' recently occurred in West
Virginia and interrupted
water deliveries to approximately
300,000 of that
state's residents has led to the introduction
of federal legislation aimed at preventing
the recurrence of such events.
Although improved protection of surface
water enjoys broad support, questions
have arisen as to who should oversee
and fijnd the additional regulatory
efforts called for in the bill.
On January 9 it was discovered that
thousands of gallons of chemicals used in
coal processing had leaked from storage
facilities at a tank farm located along the
Elk River in Charleston, West Virginia.
The chemicals entered the waterway approximately
1.5 mi upstream of a public
water supply intake, forcing officials
to recommend that residents of a ninecounty
area in and around Charleston
not use their drinking water. Lasting for
more than a week, this situation caused
considerable concern about health effects
and spurred calls for regulatory
protections.
On January 27 Senator Joe Manchin
(D-West Virginia) introduced the
Chemical Safety and Drinking Water
Protection Act of 2014 (S. 1961), legislation
that aims to protect surface water
from contamination from chemical
storage facilities. The bill would revise
the Safe Drinking Water Act to establish
state programs for overseeing and
inspecting chemical storage facilities
that are deemed to pose a risk to public
water sources. Within one year of enactment
of the legislation, states would
have to set requirements for chemical
storage facilities covered by the new
programs. These requirements would
address such topics as "acceptable standards
of good design, construction, or
maintenance," along with leak detection,
spill and overfill control, inventory
control, inspections of facility integrity.
and life-cycle maintenance, according to
the legislation.
Additional requirements would pertain
to emergency response and communication
plans, employee training and
safety plans, and the financial responsibility
of the owners of chemical storage
facilities. States would share with drinking
water providers the emergency response
plans fo.
Coalition letter to Senate supporting passage of the “Federal Water Quality P...artba
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Session 4a: Recent Developments in Land Use and Planning Law; What do recent Hawaii Supreme Court decisions on the right to a “clean and healthful environment” mean for your planning practice?
THURSDAY, SEPTEMBER 12, 2019
2019 HAWAI I CONGRESS OF PLANNING OFFICIALS – MAUI
JESSE K. SOUKI, ESQ. – HILANDUSELAW.COM
TRANSFORMERS: AGE OF EXTINCTION
Optimus Prime: Honor to the end.
Optimus Prime: The world will know what you did here!
Joshua Joyce: The world? The world will approve! We can make you now. Don't you get it? We don't need you anymore.
Optimus Prime: Brave warriors, you are free!
Crosshairs: I'll ride with you anytime!
Excuses kill solutions and dilute passion. Kill excuses before it kills you. Focus is key! Obstacles will always exist on your path, but it's important to remember that it is not these challenges that stop us from becoming the amazing people we can be, it is often our own excuses that stop us. - Vijay Eswaran
Audit success comes from service, not from status. The true standards of audit practice are found within the auditor's character: honesty, integrity, self control and high ethical values. The printed standards are merely guidelines for trying to make the art of auditing into a profession. - Michael L. Piazza
Auditors must develop a reputation that proclaims that they know what they are doing... that their reviews are factual and unbiased... that they deserve to be respected... that they are professionals with professional qualifications. A fundamental key to audit success is the reputation for objectivity. That implies independence from activities reviewed. Complete independence is an unattainable goal while practical independence is not only possible but absolutely essential. - Larry Sawyer
The bull rider in the chute apparently couldn't get his grip and kept resetting. - Sara M. Anderson
The rodeo ain't over till the bull riders ride. - Ralph Carpenter
The quality of a person's life is in direct proportion to their commitment to excellence, regardless of their chosen field of endeavor. Individual commitment to a group effort—that is what makes a team work, a company work, a society work, a civilization work. - Vince Lombardi
Two roads diverged in a wood and I - I took the one less traveled by, and that has made all the difference.
- Robert Frost
Sometimes the right path is not the easiest.
- Grandmother Willow
LEADership is the ability to translate vision into reality.
- Warren Bennis
Realize that if a door closed, it's because what was behind it wasn't meant for you.
- Mandy Hale
I believe each of us has a mission in life, and that one cannot truly be living their most fulfilled life until they recognize this mission and dedicate their life to pursuing it. - Blake Mycoskie
A mission statement is not something you write overnight. But fundamentally, your mission statement becomes your constitution, the solid expression of your vision and values. It becomes the criterion by which you measure everything else in your life. - Stephen Covey
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State of Hawaii Commission on Water Resource Management - Do The Right Thing - January 15, 2017
1. STATE COMMISSION ON WATER RESOURCE MANAGEMENT (CWRM)
The Honorable Suzanne D. Case, Chairperson
Commissioner William D. Balfour, Jr.
Commissioner Kamana Beamer
Commissioner Michael G. Buck
Commissioner Neil Hannahs
Commissioner Milton D. Pavao
Commissioner Virginia Pressler
Re: Alexander & Baldwin – Water License
Dear Chairwoman Case, Commissioner Balfour, Commissioner Beamer, Commissioner Buck,
Commissioner Hannahs, Commissioner Pavao and Commissioner Pressler,
The water licenses held by Alexander & Baldwin expired in 1986. Having expired, any
actions taken to “renew”, “extend” said licenses, including and not limited to Act 1 HB2501
HD2 SD2 CD11 and action by the State of Hawaii Board of Land and Natural Resources to keep
said water licenses in on a holdover status have no legal basis in law.
“The Court has found no analogous statute in Hawaii Revised Statutes,
nor an analogous theory in Hawaii case law, whereby contract rights
continue to exist after expiration.” [Emphasis Supplied]
Source: University of Hawaii Professional Assembly v. Cayetano. United
States District Court – District of Hawaii. 125. F. Supp. 2d. (D. Haw. 2000).
The Honorable Judge Alan C. Kay, Presiding.
Furthermore, the water licenses granted to Alexander & Baldwin were not “for land, nor
... for an absolute sale or grant of the waters ... [but] for a license; the license to take and use
water, conveying the same in part over several government lands.” Alexander & Baldwin was
granted “permission to take water from several streams, in Koolau Maui, to be carried to their
respective sugar plantations, for purposes of irrigation.” Please refer to reference below. [Emphasis Supplied]
1 HB2501 HD2 SD2 CD1. Measure Title: RELATING TO WATER RIGHTS. Report Title: Water Rights;
Holdover. Description: Requires that where an application has been made for a lease to continue a
previously authorized disposition of water rights, a holdover may be authorized annually until the
pending application for the disposition of water rights is finally resolved or for a total of three
consecutive one-year holdovers, whichever occurs sooner. (HB2501 CD1). Companion: SB3001.
Source: Hawaii State Legislature http://www.capitol.hawaii.gov/Archives/measure_indiv_Archives.aspx?billtype=HB&billnumber=2501&year=2016
Web Accessed: January 15, 2017
2. Alexander & Baldwin Annual Report and Form 10K filed with the United States
Securities and Exchange Commission on February 29, 2016 states: “On December 31, 2015, the
Company determined that it would cease its sugar operations at HC&S (the "Cessation"). In
January 2016, the Company announced that it would be transitioning out of farming sugar and
instead pursue a diversified agricultural model.” Please refer to reference below.
By the terms and conditions of the water licenses any entitlement or grant to Alexander
& Baldwin for water terminated by cessation of sugar operations.
The Application now before the Commission is to be treated as a new Application for
water. Data and statistics of water usage by Alexander & Baldwin / Hawaiian Commercial &
Sugar Company (HC&S) for cultivation of sugar cane have historical relevance. The weight,
materiality and significance of this historical information is of little or no probable value in
determining Alexander & Baldwin, HC&S’s water needs for its diversified agriculture model.
Burden of Proof
In re Contested Case Hearing on Water Use Permit Application Filed by Kukui
(Molokai), Inc., 116 Hawai`i 481, 174 P.3d 320 (2007).
“Under the Code and the public trust, it is the applicant's burden to
demonstrate that the use requested is "reasonable-beneficial," meaning "the
use of water in such quantity as is necessary for economic and efficient
utilization, for a purpose, and in a manner which is both reasonable and
consistent with the state and county land use plans and the public interest."
HRS § 174C-3.” [Emphasis Supplied]
“This court has stated that "the Commission must not relegate itself to the role of
a mere 'umpire passively calling balls and strikes for adversaries appearing
before it,' but instead must take the initiative in considering, protecting, and
advancing public rights in the resource at every stage of the planning and
decisionmaking process." Waiahole II, 105 Hawai`i at 16, 93 P.3d at 658 (quoting
Waiahole I, 94 Hawai‘i at 143, 9 P.3d at 455) (block format omitted). In this
regard, the Commission must "prescribe a higher level of scrutiny for private
commercial uses . . . . In practical terms, this means that the burden ultimately
lies with those seeking or approving such uses to justify them in light of the
purposes protected by the [public] trust." Waiahole I, 94 Hawai`i at 142, 9 P.3d
at 454 (footnote, citations, and quotation marks omitted).” [Emphasis Supplied]
3. “Moreover, the public trust compels the state duly to consider the cumulative
impact of existing and proposed diversions on trust purposes and to implement
reasonable measures to mitigate this impact, including using alternative sources.
. . . In sum, the state may compromise public rights in the resource pursuant only
to a decision made with a level of openness, diligence, and foresight
commensurate with the high priority these rights command under the laws of
our state. Waiahole II, 105 Hawai`i at 16, 93 P.3d at 658 (quoting Waiahole I, 94
Hawai`i at 143, 9 P.3d at 455) (emphasis in original).”
Additionally,
“In cases where Native Hawaiian rights figure in an agency’s public trust
balancing, the burden is not on parties of Native Hawaiian ancestry to prove that
the proposed use would harm traditional and customary Native Hawaiian
rights; rather, the permit applicants and the agency are the parties obligated to
justify the proposed use and the approval thereof in light of the trust purpose of
protecting Native Hawaiian rights.” Mauna Kea Anaina Hou v. Board of Land
and Natural Resources. SCAP-14-0000873. December 2, 2015. Footnote 8. Citing
In re Contested Case Hearing On Water Use Permit Application Filed by Kukui
(Molokai),Inc. http://www.courts.state.hi.us/docs/opin_ord/sct/2015/December/SCAP-14-0000873conada.pdf
Web Accessed: January 15, 2017 [Emphasis Supplied]
References:
University of Hawaii Professional Assembly v. Cayetano. United States District Court – District
of Hawaii. 125. F. Supp. 2d. (D. Haw. 2000) The Honorable Judge Alan C. Kay, Presiding.
“The Court has found no analogous statute in Hawaii Revised Statutes, nor an
analogous theory in Hawaii case law, whereby contract rights continue to exist
after expiration.” [Emphasis Supplied]
_____________________
ALEXANDER & BALDWIN, INC. U.S. Securities and Exchange FORM 10-K Annual Report for
the Fiscal Year Ended December 31, 2015. Filed: February 29, 2016. Web Accessed: January 15, 2017.
http://phx.corporate-ir.net/phoenix.zhtml?c=85663&p=irol-sec
4. “On December 31, 2015, the Company determined that it would cease its sugar operations at
HC&S. [Page 15] In January 2016, the Company announced that it would be transitioning out
of farming sugar and instead pursue a diversified agricultural model.” [Page 1] [Emphasis Supplied]
Description of Business and Properties - Business Segments
D. Agribusiness
(3) Land Designations and Water (Pages 15 -16)
“A&B holds rights to an irrigation system in West Maui, which provided
approximately 13 percent of the irrigation water used by HC&S over the last ten
years. A&B also owns 16,000 acres of watershed lands in East Maui, which
supply a portion of the irrigation water used by HC&S.”
“A&B also held four water licenses to another 30,000 acres owned by the State of
Hawaii in East Maui, which over the last ten years have supplied approximately
56 percent of the irrigation water used by HC&S. The last of these water license
agreements expired in 1986, and all four agreements were then extended as
revocable permits that were renewed annually. In 2001, a request was made to
the State Board of Land and Natural Resources (the “BLNR”) to replace these
revocable permits with a long-term water lease. Pending the conclusion by the
BLNR of this contested case hearing on the request for the long-term lease, the
BLNR has renewed the existing permits on a holdover basis, which has been the
subject of litigation. In January 2016, the state court ruled that the BLNR lacked
legal authority to keep the revocable permits in holdover status beyond one year.
The court has allowed for an immediate appeal of this ruling. For information
regarding legal proceedings involving A&B’s irrigation systems, see “Legal
Proceedings” below.” [Emphasis Supplied]
____________________
ITEM 3. LEGAL PROCEEDINGS (Page 30)
“Legal Proceedings and Other Contingencies: A&B owns 16,000 acres of
watershed lands in East Maui that supply a significant portion of the irrigation
water used by Hawaiian Commercial & Sugar Company ("HC&S"), a division of
A&B that produces raw sugar. A&B also held four water licenses to another
30,000 acres owned by the State of Hawaii in East Maui which, over the last ten
years, have supplied approximately 56 percent of the irrigation water used by
HC&S.”
5. “The last of these water license agreements expired in 1986, and all four
agreements were then extended as revocable permits that were renewed
annually. In 2001, a request was made to the State Board of Land and Natural
Resources (the "BLNR") to replace these revocable permits with a long-term
water lease. Pending the conclusion by the BLNR of this contested case hearing
on the request for the long-term lease, the BLNR has kept the existing permits on
a holdover basis. Three parties filed a lawsuit on April 10, 2015 (the “4/10/15
Lawsuit”) alleging that the BLNR has been renewing the revocable permits
annually rather than keeping them in holdover status. The lawsuit asks the court
to void the revocable permits and to declare that the renewals were illegally
issued without preparation of an environmental assessment (“EA”). In December
2015, the BLNR decided to re-affirm its prior decisions to keep the permits in
holdover status. This decision by the BLNR is being challenged by the three
parties.” [Emphasis Supplied]
“In January 2016, the court in the 4/10/15 Lawsuit ruled that the renewals were
not subject to the EA requirement but that the BLNR lacked legal authority to
keep the revocable permits in holdover status beyond one year. The court has
allowed the parties to take an immediate appeal of this ruling.”
_____________________
Letter from Attorney General William R. Castle to His Excellency Wm. L. Moehonua,
Minister of the Interior, dated 7 September 1876. [Extract, Emphasis Supplied]
“ Sir: The application of Messers Castle and Cooke, representing the Haiku Sugar
Company, Alexander and Baldwin, James M. Alexander, the Grove Ranch Plantation
and Capt. Thos H. Hobron, dated August 21, has been placed before me. The
application requests permission to take water from several streams, in Koolau Maui,
to be carried to their respective sugar plantations, for purposes of irrigation.
I am sir most respectfully yours,
Wm R. Castle Attorney General “
[Emphasis Supplied]
Source: Carol Wilcox. Sugar water: Hawaii’s plantation ditches. Honolulu: University of
Hawai`i Press, 1997. Appendix 1: Letter from the Attorney General. (1876) Print.
____________________
6. The intent of Attorney General Castle as stated by the Hawaii Section of American
Society of Engineers,
“The Attorney General's opinion addressed an application by "Messrs Castle and Cooke,
representing the Haiku Sugar Company, Alexander and Baldwin, James M. Alexander,
the Grove Ranch Plantation and Capt. Thos H. Hobron ... to take water from several
streams, in Koolau Maui, to be carried to their respective sugar plantations, for
purposes of irrigation."
“His understanding was that the application was not "for land, nor ... for an
absolute sale or grant of the waters... [but] for a license; the license to take and
use water, conveying the same in part over several government lands."
“AG Castle justified granting the license to private parties because unlike “the case in
some of the European nations, “the Hawaiian Government was “not prepared to engage
in any such development of internal resources” and that “[u]ntil the government is
ready to undertake such work - no obstacle should be thrown in the way of others, who
are able and ready to commence such work.””
[Emphasis Supplied]
Source: ASCE Hawaii Section. http://www.ascehawaii.org/2002.html
Web Accessed: January 15, 2017
Thank you very much
Respectfully submitted,
- Signed –
Clifton M. Hasegawa
President and CEO
Clifton M. Hasegawa & Associates, LLC
1322 Lower Main Street A5
Wailuku, Hawaii 96793
Telephone: (808) 244-5425
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
- January 15, 2017 -