More bad water bills coming through - OPPOSE SB2884 and SB3132
/2/10 update:
Both of the bad stream bills (SB2884 + SB3132) have been defeated. SB2884 was deferred today and SB3132 was removed from tomorrow's agenda. Mahalo to everyone that testified!
Huiiii! More bad water bills coming through!
Take a moment to submit testimony in opposition to both SB2884 which requires the automatic approval of any and all water source (i.e. wells) and water use permit applications, after 90 days for permits that don’t require a hearing and 180 days for permits that do and SB3132 which is the companion to HB2164, a measure that the House Water and Land Committee deferred (killed) after receiving voluminous testimonies in opposition – mahalo nui and congratulations to all who testified! This measure allows the Land Board to negotiate directly with stream diverters for long-term water licenses -- instead of going through a public auction -- without mechanisms to ensure that the environment and the rights and interests of the public are adequately protected. Sample testimony and instructions to submit below.
SB2884 has a joint hearing on Thursday, February 10 at 1:00 p.m. in the Senate Committees on Water and Land and Housing.
SB3132 has a hearing on Friday, February 11 at 1:10 p.m. in the Senate Committee on Water and Land.
Why these bills are bad:
SB2884: Automatic approval of well and water use permit applications could lead to water uses that unduly impact Native Hawaiian traditional and customary practices, kuleana water rights, the rights of the Department of Hawaiian Home Lands and its beneficiaries, and other public trust purposes and reasonable beneficial uses otherwise protected under the public trust doctrine and state water code.
SB3132: As written, this bill could lead to the inappropriate exploitation of our water resources by allowing for the direct issuance of water licenses to stream diverters and other entities, for 55 years at a time (even HB1015 from last year limited its licenses to 30 years, which is still too long).
While we agree that the current appraisal and public auction process may not be appropriate for the issuance of licenses for public trust water resources, the public trust and historical water disposition practices demand better safeguards in any alternative approach to issuing water licenses. SB3132 does not prevent streams from being completely dewatered, does not ensure that climate change impacts to our streams and aquifers will be considered, does not require water waste issues to be addressed, and does not provide an objective or concrete starting point for license appraisals, among many other deficiencies.
Sample testimony:
SB2884:
Aloha Chairs Inouye and Chang, Vice Chairs Keith-Agaran and Kanuha, and members of the Water and Land and Housing Committees,
I strongly OPPOSE SB2884, which would result in the automatic approval of any and all well permit and water use permit applications, if they cannot be decided upon within certain statutory deadlines. Water is our most precious resource, and must be carefully managed to both conserve it for present and future generations, and ensure that it is appropriately shared for purposes that are beneficial to the public. This measure may result in automatic water use approvals that could lead to the waste or unsustainable overconsumption of our islands’ water resources, and that could unduly impact stream and coastal ecosystems, Native Hawaiian traditional and customary practices, kuleana rights, domestic and household uses, agricultural activities, and numerous other public trust purposes and reasonable beneficial uses of water that should be carefully considered and protected in water management decisionmaking. Accordingly, I respectfully urge your Committees to HOLD SB2884.
Mahalo nui,
[your name],
SB3132:
Aloha Chair Inouye, Vice Chair Keith-Agaran, and members of the Water and Land Committee,
I strongly OPPOSE SB3132 , which may lead to the issuance of water licenses that inappropriately deprive our streams, estuaries, and aquifers, as well as the people, practices, and living things that depend on them, from the water they are rightfully entitled to, for up to 55 years at a time. Much greater conversation is needed between DLNR, the Water Commission, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, Native Hawaiian cultural practitioners, rural and subsistence communities, climate change experts, biologists, and others to develop sufficient statutory safeguards that can appropriately balance the rights and interests of the public and water licensees in the issuance of any water license through direct negotiation. Accordingly, I respectfully urge your Committee to HOLD SB3132.
Mahalo nui for the opportunity to testify,
[your name]
Testimony instructions:
Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.
Enter "SB2884 or SB3132" where it says "Enter Bill or Measure."
Input your information and your written testimony, and where it says "How will you be testifying?" make sure to check the bubble up to testify remotely via Zoom if you can!
If you are testifying via Zoom, sign back into your account on the capitol website three hours before the hearing and click on the orange "Testimony" button again; on the left hand side youʻll be able to scroll down and there will be a Zoom link next to SB2884 or SB3132 (for more information see here)