| 47 | | - | SECTION 1. (a) The portions of the east Kauai irrigation system operated and maintained by the east Kauai water users' cooperative before December 15, 2020, shall be placed under the operational authority of the department of agriculture until: the board of agriculture adopts rules pursuant to chapter 91, Hawaii Revised Statutes, for irrigation water development and irrigation and water utilization with respect to the east Kauai irrigation system; or until a determination is made that the system can be appropriately operated and maintained pursuant to chapters 167 and 168, Hawaii Revised Statutes. (b) Until the system is transferred to the appropriate program, acreage assessment and water delivery fees shall not be governed by chapter 167 or 168, Hawaii Revised Statutes. The department of agriculture may enter into any contracts necessary to bill and collect any fees and to operate and maintain the system. (c) The department of agriculture shall deposit all fees collected from the water users of the east Kauai irrigation system into the general fund until the board of agriculture adopts the rules described in subsection (a) or until the system can be operated and maintained appropriately pursuant to chapters 167 and 168, Hawaii Revised Statutes. Then, at such time, the fees shall be deposited into the appropriate fund, if applicable. SECTION 2. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other property heretofore made, used, acquired, or held by the east Kauai water users' cooperative relating to the functions transferred to the department of agriculture shall be transferred with the functions to which they relate and listed and described in a full accounting to the department. SECTION 3. Contingent upon the east Kauai irrigation system becoming a state irrigation system under the department of agriculture pursuant to this Act, the following positions shall be established within the department of agriculture's agricultural resource management division: (1) One full-time equivalent (1.0 FTE) irrigation district manager position; (2) Three full-time equivalent (3.0 FTE) irrigation system worker II positions; and (3) One full-time equivalent (1.0 FTE) office assistant position. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the operations and maintenance of the east Kauai irrigation system. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act; provided that no funds shall be expended if the east Kauai irrigation system does not become a state irrigation system under the department of agriculture pursuant to this Act. SECTION 5. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. (a) The portions of the east Kauai irrigation system operated and maintained by the east Kauai water users' cooperative before December 15, 2020, shall be placed under the operational authority of the department of agriculture until: the board of agriculture adopts rules pursuant to chapter 91, Hawaii Revised Statutes, for irrigation water development and irrigation and water utilization with respect to the east Kauai irrigation system; or until a determination is made that the system can be appropriately operated and maintained pursuant to chapters 167 and 168, Hawaii Revised Statutes. (b) Until the system is transferred to the appropriate program, acreage assessment and water delivery fees shall not be governed by chapters 167 or 168, Hawaii Revised Statutes. The department of agriculture may enter into any contracts necessary to bill and collect any fees and to operate and maintain the system. (c) The department of agriculture shall deposit all fees collected from the water users of the east Kauai irrigation system into the general fund until the board of agriculture adopts the rules described in subsection (a) or until the system can be operated and maintained appropriately pursuant to chapters 167 and 168, Hawaii Revised Statutes, then, at such time the fees shall be deposited into the appropriate fund, if applicable. (d) The three-year water licensing deadline may be extended for up to two years; provided that the applicant demonstrates significant progress in the permit application process. SECTION 2. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other property heretofore made, used, acquired, or held by the east Kauai water users' cooperative relating to the functions transferred to the department of agriculture shall be transferred with the functions to which they relate and listed and described in a full accounting to the department. SECTION 3. Contingent upon the east Kauai irrigation system becoming a state irrigation system under the department of agriculture pursuant to this Act, the following positions shall be established within the department of agriculture's agricultural resource management division: (1) One full-time equivalent (1.0 FTE) irrigation district manager position; (2) Three full-time equivalent (3.0 FTE) irrigation system worker II positions; and (3) One full-time equivalent (1.0 FTE) office assistant position. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the operations and maintenance of the east Kauai irrigation system. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act; provided that no funds shall be expended if the east Kauai irrigation system does not become a state irrigation system under the department of agriculture pursuant to this Act. SECTION 5. This Act shall take effect on July 1, 2050. |
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