| 47 | | - | SECTION 1. The legislature finds that the state constitution mandates the State to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands. The legislature further finds that the state constitution establishes that: (1) All public natural resources are held in trust by the State for the benefit of the people; (2) The State has an obligation to protect, control, and regulate the use of Hawaii's water resources for the benefit of its people; and (3) The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out. The legislature additionally finds that the Hawaii supreme court has repeatedly provided guidance to the State on how to fulfill its public trust duties regarding water. The supreme court has ruled that the State is to apply a presumption in favor of four public trust uses of water over other uses: (1) The maintenance of waters in their natural state; (2) Domestic water uses; (3) Uses of water in the exercise of native Hawaiian and traditional and customary rights; and (4) Uses by and reservations of water for the department of Hawaiian home lands. The legislature also finds that the east Kauai irrigation system derives its water from the north and south forks of the Wailua river as well as many smaller streams and that it is a critical irrigation system that supports agricultural production in Hawaii. The system currently services approximately 5,920 acres of agricultural lands on Kauai and is relied upon by numerous farmers and ranchers. It is also a critical source of water for land held by the department of Hawaiian home lands. The department of Hawaiian home lands has a reservation from the commission on water resource management of approximately five hundred thousand gallons per day from the Wailua river for its lands. The east Kauai irrigation system currently supplies water to the existing users and has the potential to expand the number of acres cultivated. Several improvements have been identified that could add as much as three hundred acres of farmland to the service area. The legislature also finds that the east Kauai irrigation system is a century-old system that requires repair, renovation, and improvements. If lost, the cost to replace the infrastructure would be exorbitant. No replacement system is reasonable, and if the reservoir is decommissioned, 5,920 acres of agricultural land will dry up. The legislature also finds that the maintenance of the east Kauai irrigation system and development of a plan to deliver water to land held by the department of Hawaiian home lands are necessary for the department to be able to use its reservation of water from the Wailua river. The purpose of this Act is to continue to provide irrigation water to farm operations in east Kauai and support the water system by: (1) Appropriating funds to the agribusiness development corporation for maintenance and improvements to the east Kauai irrigation system; and (2) Creating and funding positions to maintain and improve the east Kauai irrigation system. SECTION 2. 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 2024-2025 for maintenance of and improvements to the east Kauai irrigation system. The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act. SECTION 3. 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 2024-2025 to fund full-time equivalent ( FTE) positions within the agribusiness development corporation to maintain and improve the east Kauai irrigation system. The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act. SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriations made in this Act are necessary to serve the public interest; and (2) The appropriations made in this Act meet the needs addressed by this Act. SECTION 5. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that the state constitution mandates the State to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands. The legislature further finds that the state constitution establishes that: (1) All public natural resources are held in trust by the State for the benefit of the people; (2) The State has an obligation to protect, control, and regulate the use of Hawaii's water resources for the benefit of its people; and (3) The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out. The legislature additionally finds that the Hawaii supreme court has repeatedly provided guidance to the State on how to fulfill its public trust duties regarding water. The supreme court has ruled that the State is to apply a presumption in favor of four public trust uses of water over other uses: (1) The maintenance of waters in their natural state; (2) Domestic water uses; (3) Uses of water in the exercise of native Hawaiian and traditional and customary rights; and (4) Uses by and reservations of water for the department of Hawaiian home lands. The legislature also finds that the east Kauai irrigation system derives its water from the north and south forks of the Wailua river as well as many smaller streams and that it is a critical irrigation system that supports agricultural production in Hawaii. The system currently services approximately 5,920 acres of agricultural lands on Kauai and is relied upon by numerous farmers and ranchers. It is also a critical source of water for land held by the department of Hawaiian home lands. The department of Hawaiian home lands has a reservation from the commission on water resource management of approximately five hundred thousand gallons per day from the Wailua river for its lands. The east Kauai irrigation system currently supplies water to the existing users and has the potential to expand the number of acres cultivated. Several improvements have been identified that could add as much as three hundred acres of farmland to the service area. The legislature also finds that the east Kauai irrigation system is a century-old system that requires repair, renovation, and improvements. If lost, the cost to replace the infrastructure would be exorbitant. No replacement system is reasonable, and if the reservoir is decommissioned, 5,920 acres of agricultural land will dry up. The legislature also finds that the maintenance of the east Kauai irrigation system and development of a plan to deliver water to land held by the department of Hawaiian home lands are necessary for the department to be able to use its reservation of water from the Wailua river. The purpose of this Act is to continue to provide irrigation water to farm operations in east Kauai and support the water system by: (1) Appropriating funds to the agribusiness development corporation for maintenance and improvements to the east Kauai irrigation system; and (2) Creating and funding positions to maintain and improve the east Kauai irrigation system. SECTION 2. 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 2024-2025 for maintenance of and improvements to the east Kauai irrigation system. The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act. SECTION 3. 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 2024-2025 to fund three full-time equivalent (3.0 FTE) positions within the agribusiness development corporation to maintain and improve the east Kauai irrigation system. The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act. SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriations made in this Act are necessary to serve the public interest; and (2) The appropriations made in this Act meet the needs addressed by this Act. SECTION 5. This Act shall take effect on July 1, 3000. |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that the state constitution mandates the State to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature further finds that the state constitution establishes that: |
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| 52 | 52 | | |
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| 53 | 53 | | (1) All public natural resources are held in trust by the State for the benefit of the people; |
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| 54 | 54 | | |
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| 55 | 55 | | (2) The State has an obligation to protect, control, and regulate the use of Hawaii's water resources for the benefit of its people; and |
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| 56 | 56 | | |
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| 57 | 57 | | (3) The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out. |
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| 58 | 58 | | |
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| 59 | 59 | | The legislature additionally finds that the Hawaii supreme court has repeatedly provided guidance to the State on how to fulfill its public trust duties regarding water. The supreme court has ruled that the State is to apply a presumption in favor of four public trust uses of water over other uses: |
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| 60 | 60 | | |
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| 61 | 61 | | (1) The maintenance of waters in their natural state; |
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| 62 | 62 | | |
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| 63 | 63 | | (2) Domestic water uses; |
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| 64 | 64 | | |
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| 65 | 65 | | (3) Uses of water in the exercise of native Hawaiian and traditional and customary rights; and |
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| 66 | 66 | | |
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| 67 | 67 | | (4) Uses by and reservations of water for the department of Hawaiian home lands. |
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| 68 | 68 | | |
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| 69 | 69 | | The legislature also finds that the east Kauai irrigation system derives its water from the north and south forks of the Wailua river as well as many smaller streams and that it is a critical irrigation system that supports agricultural production in Hawaii. The system currently services approximately 5,920 acres of agricultural lands on Kauai and is relied upon by numerous farmers and ranchers. It is also a critical source of water for land held by the department of Hawaiian home lands. The department of Hawaiian home lands has a reservation from the commission on water resource management of approximately five hundred thousand gallons per day from the Wailua river for its lands. The east Kauai irrigation system currently supplies water to the existing users and has the potential to expand the number of acres cultivated. Several improvements have been identified that could add as much as three hundred acres of farmland to the service area. |
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| 70 | 70 | | |
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| 71 | 71 | | The legislature also finds that the east Kauai irrigation system is a century-old system that requires repair, renovation, and improvements. If lost, the cost to replace the infrastructure would be exorbitant. No replacement system is reasonable, and if the reservoir is decommissioned, 5,920 acres of agricultural land will dry up. |
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| 72 | 72 | | |
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| 73 | 73 | | The legislature also finds that the maintenance of the east Kauai irrigation system and development of a plan to deliver water to land held by the department of Hawaiian home lands are necessary for the department to be able to use its reservation of water from the Wailua river. |
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| 74 | 74 | | |
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| 75 | 75 | | The purpose of this Act is to continue to provide irrigation water to farm operations in east Kauai and support the water system by: |
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| 76 | 76 | | |
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| 77 | 77 | | (1) Appropriating funds to the agribusiness development corporation for maintenance and improvements to the east Kauai irrigation system; and |
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| 78 | 78 | | |
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| 79 | 79 | | (2) Creating and funding positions to maintain and improve the east Kauai irrigation system. |
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| 80 | 80 | | |
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| 81 | 81 | | SECTION 2. 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 2024-2025 for maintenance of and improvements to the east Kauai irrigation system. |
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| 82 | 82 | | |
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| 83 | 83 | | The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act. |
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| 84 | 84 | | |
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| 86 | 86 | | |
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| 87 | 87 | | The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act. |
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| 88 | 88 | | |
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| 89 | 89 | | SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that: |
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| 90 | 90 | | |
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| 91 | 91 | | (1) The appropriations made in this Act are necessary to serve the public interest; and |
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| 92 | 92 | | |
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| 93 | 93 | | (2) The appropriations made in this Act meet the needs addressed by this Act. |
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| 94 | 94 | | |
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| 95 | 95 | | SECTION 5. This Act shall take effect on July 1, 3000. |
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| 96 | 96 | | |
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