160b.77 11 10

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160B.77 11 10 JOHN WAIHEE GOVERNOR STATE OF HAWAII 1-, HOALIKU L. DRAKE CHAIRMAN HAWAIIAN HOMES COMMISSION STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS P. O. BOX 1879 HONOLULU, HAWAII 96805 October 14, 1993 The Honorable Keith w. Ahue Chairperson Commission on water Resource Management Department of Land and Natural Resources P. O. Box 621 Honolulu, Hawaii 96B09 Dear Mr. Ahue: I '0 (.,::5 c. .. s "'j' C') .... -\ - cP "1J r:;i' .. wi thdrawal of Obj ections., "'" ;: "" The Department of Hawaiian Home Lands has been in a position to raise objections to various applications for water use permits, particularly in Windward O'ahu, on the basis that water reservations were yet required to meet statutory obligations to Hawaiian home lands. Please be advised that as the proposed water reservations in O'ahu and Moloka'i water management areas are finalized, our objections for this reason are thereby withdrawn. HLD:BH:ci/160BL.77 WfJ:: t Il a Drake, Hawaiian Homes Co sion I,

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Page 1: 160B.77 11 10

160B.77 11 10

JOHN WAIHEE GOVERNOR

STATE OF HAWAII 1-,

HOALIKU L. DRAKE CHAIRMAN

HAWAIIAN HOMES COMMISSION

STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS

P. O. BOX 1879

HONOLULU, HAWAII 96805

October 14, 1993

The Honorable Keith w. Ahue Chairperson Commission on water Resource Management Department of Land and Natural Resources P. O. Box 621 Honolulu, Hawaii 96B09

Dear Mr. Ahue:

I '0

(.,::5 c. .. s "'j' C') ~ .... -\ -cP

"1J r:;i' ..

wi thdrawal of Obj ections., "'" ~~ ;: ""

The Department of Hawaiian Home Lands has been in a position to raise objections to various applications for water use permits, particularly in Windward O'ahu, on the basis that water reservations were yet required to meet statutory obligations to Hawaiian home lands.

Please be advised that as the proposed water reservations in O'ahu and Moloka'i water management areas are finalized, our objections for this reason are thereby withdrawn.

HLD:BH:ci/160BL.77

WfJ::t Il ~~o a

H~ Drake, Hawaiian Homes Co sion

I,

Page 2: 160B.77 11 10

· ..

ROLL CALL

o o

MINUTES

FOR nIB MEETING OF TIlE COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: TIME:

September 1, 1993 9:00 a.m.

PIACE: DLNR Board Room Kalanimoku Building Honolulu, Hawaii

Chairperson Ahue called the meeting of the Commission on Water Resource Management to order at 9:09 a.m.

The following were in attendance:

MEMBERS: Mr. Keith Ahue Mr. Richard Cox Mr. Robert Nakata Mr. Guy Fujimura Mr. J. Douglas Ing Dr. John Lewin

STAFF: Ms.RaeLoui Mr. Edwin Sakoda Mr. Roy Hardy Mr. David Higa Ms. Lenore Nakama Ms. Sharon Kokubun

COUNSEL: Mr. William Tam

01HERS: Robert Chuck Ross Kaneko Edsel Yamada Dawn Ramsey

Steve Kaiser David Martin Sydney Keliipuleole Mrs. Holt

All written testimonies submitted at the meeting are filed in the Commission office and are available for review by interested parties.

ITEM 1

lTEM2

MINVIES OF DIE AUGUST 4. 1993 MEJIDNG

Mr. Martin presented testimony on Item 1 and 2 (see Commission file) asking that more comprehensive minutes be reins~ted.

Unanimously approved (CoxfNalcata).

Ms. Loui asked that Item 1, Paragraph 2, on Mr. Martin's testimony be amended as follows:

"oo.only the well construction permit for Item 4 was approved."

Unanimously approved as amended (Cox/Nakata).

ITEM

Page 3: 160B.77 11 10

o o Chairperson and Members Commission on Water Resource Management July 28, 1993

DEM3

llEM4

OEMS

DEM6

OJ n BUSINESSIANNOUNCEMENTs

None.

APPROVAL OF PROCEDURE FOR EMERGENCY WORK FOR CHANNEL ALlERADQN

Ms. Loui reviewed the procedures being submitted for approval, stating that the description of what qualifies for emergency work is taken from the administrative rules. These procedures would clarify the process of how the Commission is notified after the Chairperson's approval.

Discussion followed on what types of work are considered "emergency" and what is not. In response to how it would be publicized, Ms. Loui stated it would be placed in the bulletin and newsletter, public service radio, and through the rule-making procedures. Mr. Ing suggested that a phone and fax number be included should people have questions.

Mr. Martin presented testimony that the proposal should be passed through the Stream Protection and Management Task Force prior to its presentation to the Commission for decision-making.

Unanimously approved (Lewin/Cox).

lEMON W. HOLT APPUCADON FOR A WATER USE PERMIT. LW HOLT WBTII (WEIll NO. 3654-021 KOOLAUWA GROUND WATER MANAGEMENT AREA OAmJ

Mr. Hardy clarified that all references to the aquifer system should be the Koolauloa Aquifer System.

Unanimously approved (Cox/Nakata).

BISHOP ESTAlE APPUCADONS FOR A WAlER USE A WBI I, CONSlRUCIlON PERMIT. KAWAUQA wm I, (WBI II NO. 3505). WAUDA GROUND WATER MANAGEMBNT ARPA OAHU

Mr. Ing was excused from hearing this item since his law firm represents Bishop Estate.

Mr. Cox asked if the well pump test protocol was finalized. Ms. Loui stated that the proposal for a workshop bas not been completed by the consultant However, the applicant's consultant has been supplied with a draft proposal.

Mr. Sydney Kellipuleole, repr~nting the applicant, stated that Bishop Estate is willing to take the risk that they may not be able to pump the well. In regards to the' pump test protocol, they were concerned about the six month period to drill (Condition 6 of the Standard Well Constructior Permit Conditions). After discussion, the following change was propo~ to Condition 6:

- 2 -

/ f

Page 4: 160B.77 11 10

... o o Chairperson and Members Commission on Water Resource Management July 28, 1993

DEM7

ITEM 8

DEM9

'The well construction permit may be revoked if work is not started within six months [of the date of issuance or if work is suspended or abandoned for six months] after the methodoloiY and analysis of the test results are amed upon. The work proposed in the well construction permit application shall be completed within two years from the date of permit [approval] issuance."

Unanimously approved as amended (Fujimura/Cox).

GENTARQ OTA APPliCATION FOR A WAlEK USE PERMIT. OTA WEI J: (WEI J: NO. 3453-03). KAHANA GROUND WAlEK MANAGEMEN[ AREA, OAHU

Ms. Nakama summarized the submittal and asked that the following amendment be added:

" ... 6,000 gallons per day of fresh water for alUicultural irri~ation from the Ota Well ... "

She also requested that the special condition listed in Attachment B be omitted. Because this is an existing use, it is already covered by Condition 17.

'<

Unanimously approved as amended (Fujimura/Cox).

SEA 'JFB PARK HAWAD APPUCATIONS FOR WAlER USE PERMIT. WEI J S 1. 2. 3. 4\ A (.WEI J: NOS. 1939-01 4\ 02. 1940-11 4\ 02). WAIMANALO GROUND WAlER MANAGEMENT AREA, OAHU

Referring to testimony by Dave Martin on the September 3rd deadline for presenting written objections, Mr. Cox asked if the application could be approved subject to any objections coming in between September 1 and September 3. Mr. Tam preferred that the action on the permit be deferred since the time period for objections has not yet lapsed.

Motion was made to deny the permit without prejudice. Unanimously approved to defer action to the next meeting (Cox/Nakata).

<IDJBR BUSINESS

1) Dr. Lewin will be meeting with the Water Code Review Commission to discuss water quality issues at 1:00 p.m.

2) The Commission will be meeting with the Water Code Review Commission on September 8, 1993. .

3) Public bearing on September 8, 1993 on the draft rules for reservation for Hawaiian Home Lands .

. 3 •

Page 5: 160B.77 11 10

o o Chairperson and Members Commission on Water Resource Management July 28, 1993

4) Next Commission meeting will be held at 1:30 p.m. on September 15, 1993, on Molokai with a public hearing on the draft rule for reservation for Hawaiian Home Lands at 6:00 p.m.

5) Motion was made to adjourn to Executive Session to confer with the Deputy Attorney General regarding the Supreme Court lawsuit, Koolau Agricultural Company vs. the Commission on Water Resource Management.

Unanimously approved (Fujimura/Nakata).

ADJOURNMENT The meeting was adjourned at 10:37 a.m.

APPROVED AS SUBMITIED

RAE M. WUl, Deputy Director

Respectfully submitted,

SHARON KOKUBUN Secretary

- 4 -

Page 6: 160B.77 11 10

---. .'- . o o State of Hawaii

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

Honolulu, Hawaii

September 1, 1993

Chairperson and Members Commission on Water Resource Management State of Hawaii Honolulu, Hawaii

Gentlemen:

Applicant:

Gentaro Ota P.O. Box 561 Kaaawa, HI 96730

Background

Gentaro Ota Application for a Water Use Permit

Ota Well (Well No. 3453-03) Kahana Ground Water Management Area. Oahu

Landowner:

Same

The applicant submitted a completed water use permit application to the Commission on June 4, 1993. Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits.

Analysis & Issues

This existing artesian source supplies about 6,000 gallons per day of fresh water from the Kahana Aquifer System for irrigation of two (2) acres of banana trees and various vegetables. This request is to continue a use that has been in existence for about twenty-five (25) years. Since the quantity of water requested is relatively small and the request is for an existing use, unacceptable adverse impacts on other local wells, streams, and the Kahana Aquifer System are not anticipated. No specific objections to this application have been submitted to the Commission.

To date, reports of actual monthly water usage have not been submitted by the applicant. However, Standard Condition No. 11 of a water use permit for this existing amount is that the applicant submit a yearly summary of monthly water use.

As of August 24, 1993, there were three (3) other pending applications for water use permits in the Kahana Aquifer System requesting a total of 0.514 million gallons per day (mgd) of water (about 4% of the aquifer system's estimated sustainable yield). Therefore, pending applications fall well within the aquifer system's estimated sustainable yield. The Commission should also consider that this figure does not include a previous application for 1.500 mgd from the Koolau Agriculture Co. On April 28, 1993 the Commission denied this application without prejudice to allow well construction, but even if this application were to be approved allocations would fall well within the aquifer system's sustainable yield.

ITEM 7

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o o Chairperson and Members Commission on Water Resource Management September 1,1993

RECOMMENDATION

Attach.

That the Commission approve the issuance of an interim water use permit to Gentaro Ota to use 6,000 gallons per day of fresh water for use from the Ota Well (Well No. 3453-03), subject to the standard water use permit conditions listed in Attachment B and the following special conditions:

1. The water use permit shall be an interim permit subject to the five-year verification period afforded to existing users.

Deputy Director

APPROVED FOR SUBMITTAL:

2

Page 8: 160B.77 11 10

o o Chairperson and Members Commission on Water Resource Management September 1,1993

WATER USE PERMIT DETAILED INFORMATION

Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:

WELL: Location: Year Drilled: Casing Diameter:

Elevations (msl= 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:

Total Depth: Grouted Annulus Depth:

Tol~ Deplh

Use Information

'-

r-

IV' ~

I I I I I

Kahana System, Windward Sector, Oahu 13 mgd

NAmgd 13 mgd

0.514 mgd

Ota Well (Well No. 3453-03) Punaluu, Oahu, TMK:5-3-5:6

1958 10 in.

NA ft. 9 ft.

-252 ft. NA ft.

-432 ft.

441 ft. NA ft.

;-+----f

.. , oulad orne

.. wo

tv. t. sold cosilg

tv. I. perf. cosilg

tv. I. open hole

Quantity Requested: 6,000 gallons per day. Existing Type of Water Use: Irrigation of two (2) acres of banana trees and various

vegetables. Place of Water Use: Punaluu at TMK: 5-3-5:6

ATTACHMENT A

Page 9: 160B.77 11 10

o Chairperson and Members Commission on Water Resource Management

Reported Water Usage: Nearby Similar Water Usage: Kahana Aquifer System Current 12-Month Moving Average Withdrawal:

o

September 1,1993

NAgpd NAgpd

NA gpd (NA% of Sy)

Nearby Surrounding Wells and Other Registered Ground Water Use

There are twenty-three (23) other wells within a mile of the well (see Exhibit 1). Thirteen (13) of these wells are currently in use. Information from the registration program indicates there are possibly thirty-seven (37) existing wells in the Kahana Aquifer System. Several of these wells have been initially field checked but many of the declarants, including the larger users, have not been completely field verified. Several are not in use or are rights claims. The Oahu Water Use and Development Plan estimated that the existing withdrawals from the Kahana Aquifer System is 0.1 mgd as of 1990.

Public Notice

In accordance with HAR §13-171-17, a public notice was published in the Star­Bulletin on July 9, 1993 and July 16, 1993 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources, Historic Preservation, and other divisions of the Department of Land and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by July 30, 1993.

Objections/Comments

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by July 30, 1993.

To the best of staffs knowledge there are no objectors who have property interest within the Kahana Aquifer System or who will be directly and immediately affected by the proposed water use. All objections and/or comments to the application are summarized as follows:

Objector/Commentor

NHAC

Board of Water Supply

ATTACHMENT A

Objection/Comment

General process of water use permit applications. No specific objections to this application.

No objections.

Page 10: 160B.77 11 10

o Chairperson and Members Commission on Water Resource Management

State Parks

Aquatic Resources

Natural Area Reserve System

Fish & Wildlife

Office of Conservation & Environmental Affairs

Water & Land Development

Historic Preservation

Briefs in SUQQort

o September 1,1993

No comments.

No objections.

No objections.

No objections.

Not affected.

No objections.

No effect.

Responses to objections, or briefs in support, regarding the application are required to be filed with the Commission ten (10) days after an objection is filed and, presumably, copies are served to the applicant. No briefs in support were filed with the Commission.

ATTACHMENT A

Page 11: 160B.77 11 10

o o Chairperson and Members Commission on Water Resource Management September 1,1993

Field Investigation

The water source and existing use was investigated on March 25, 1991. The investigation verified the applicants request for water use permit.

ATTACHMENT A

Page 12: 160B.77 11 10

o o Chairperson and Members Commission on Water Resource Management September 1,1993

STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR §13-171-2).

2. The right to use ground water is a shared use right.

3. The water use must at all times meet the requirements set forth in HAR §13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act.

4. The ground water must not interfere with surface or ground water rights or reservations.

5. The ground water use must not interfere with interim or permanent instream flow standards. If it does, then:

a. A separate water use permit for surface water must be obtained in the case an area is also designated as a surface water management area;

b. The interim or permanent instream flow standard, as applicable, must be amended.

6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its September 1, 1993 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect water sources in quantity, quality, or both; b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as of June

1987, shall be protected;

ATIACHMENT B

Page 13: 160B.77 11 10

o o Chairperson and Members Commission on Water Resource Management September 1,1993

f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. If the ground water source is not existing, the development of the new well shall be completed, Le. able to withdraw water for the proposed use on a regular basis, within twenty-four (24) months from the date the water use permit is approved.

11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Kahana Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR §13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR §13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights.

15. The permittee shall request modification of the permit when necessary to comply with all applicable laws, rules, and ordinances which will affect the permittee's water use.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR §13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Kahana Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, as allowed under HAR §13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

ATTACHMENT B

Page 14: 160B.77 11 10

o

Well No. 3453-03

WAJAHA[ 1 MCD

IIIMAHA. MCO

"' WCD WAPNtJ-W..,IAW.

HYDROLOGIC UNITS

-+------ KOOlAIA.OA n .. CD

"'ll----PROJECT AREA

r----:::=::- KOOl.A....oKO 41 WCD

Exhibit 1

\, Konl •• A, 1 . (J IH~·'I

~.oltVI. A, 1.

Page 15: 160B.77 11 10

JOHNWAIHEE GOVERNOR Of HAWAII

o o

STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

STATE HISTORIC PRESERVATION DIVISION 33 SOUTH KING STREET. 6TH FLOOR

HONOLULU. HAWAII 96813

August 5, 1993

MEMORANDUM

TO: Rae M. Loui, Deputy Director Commission on Water Resource Management

~ ~bard, Administrator r-Historic Preservation Division

FROM:

KEITH AHlJE. CHAIRPERSON BOARD Of lAND AND NATURAl RESOURCE

DEPIITIES

JOHN P. KEPPEL£R II DONA L. HANAIKE

AQUACULTURE DEVELOPMENT PROGRAM

AQUATIC RESOURCES

CONSERVATION AND

ENVIRONMENTAl AffAIRS CONSERVATION AND

RESOURCES ENfORCEMENT

CONVEYANCES

fORESTRY AND WlLDUfE HISTORIC PRESERVATION

DIVISION lAND MANAGEMENT STATE PARKS WATER AND lAND DEVELOPMENT

LOG NO: 8824 DOC NO: 9307td45

SUBJECT: Water Use Permit Application, Kahana Ground Water Management Area, Well No. 3453-03 (Gentaro Ota) Puhe'emiki, Ko'olauloa, O'ahu TMK: 5-3-5: 6

This water use permit application does not propose development of new facilities. We believe that a permit granted this application will have Uno effectU on historic sites.

TD:jt

Page 16: 160B.77 11 10

.... -. \ o

1993 July 29

o NATIVE HAWAIIAN ADVISORY COUNCIL

A NoNPROFIT CofFoAATlON

1088 Bishop Street, Suite 1204, Honolulu, Hawaii 96813 Telephone (808) 523-1445 Facsimile (808) 599-4380 '

TO: RE:

STATE OF HAWAII COMMISSION ON WATER RESOURCE COMMENTS ON WATER USE PERMIT APPLICATIONS KAWAILOA 208' WELL

MANAGEMENT

PULELU WELL OTA WELL L.W. HOLT WELL POAMOHO A WELL

GENERAL OBJECTIONS

(.t."" ( .... ) ~ ~'

r..1

'..I":'~, ~'::$. ~ '" ::;;..-' • • • \:.".\'" , ... f:

We rel terate our general obJ ectl0ns to current COWRMI:';;~~ter· use permit application processing and decisionmaking practi¢e~ as(.lo> , previously submitted on numerous occasions (10/12/92, ~:l:0'l21~, 12/1/92, 6/22/93, & 7/8/93).

SPECIFIC OBJECTIONS KAWAILOA 208 1 WELL , ~ POAMOHO A WELL ~~DS'~~

In addition to the above-stated and referenced general objections, Native Hawaiian Advisory Council (NHAC) specifically objects to these applications. NHAC has property interest in land within the hydrologic unit of the source of water supply and will be directly and immediately affected by the proposed water uses.

(1) Property and other interest in the matter

NHAC leases 4.5 acres of agricultural land in Waialua, TMK 1-6-6-23-4. The 'land holds correlative water rights and may hold appurtenant and riparian water rights. As lessee, NHAC may exercise these rights as they exist. Native Hawaiian employees and associates of NHAC may also exercise their traditional and customary rights on this land and on other lands in the area.

NHAC registered water sources on the property and declared their uses to the Commission on Water Resource Management (COWRM). Groundwater allocation from the artesian well (#3407-02) to Shizuo Kunihiro was authorized by the Board of Land and Natural Resources (BLNR) in 1981. NHAC has notified COWRM of its disputation of this allocation process, filed a water use permit application for existing and new uses from the artesian well, and asked Shizuo Kunihiro to transfer the 1981 BLNR groundwater withdrawal and use certification to NHAC. Flows from this well and from other water sources on fhe property are reused by several downstream farmers.

Page 17: 160B.77 11 10

"". o o (2) Questions of procedure, fact, law, and policy

PROCEDURE

1. COWRM has not finalized its procedures for processing water use permi t applications in newly designated (post-water Code) and existing (pre-water Code) Water Management Areas. Procedures which have been established are not applied uniformly across all Water Management Areas, especially with regard to bulk allocations to county departments of water supply and reservations to Hawaiian Home Lands.

2. COWRM has not limited bulk allocation from Waialua aquifer to the Honolulu Board of Water Supply (BWS), nor has it reserved water from the aquifer to Hawaiian Home Lands.

3. COWRM has not established procedures for processing competing water use permit applications, especially in cases where existing uses compete with new uses.

4. COWRM has not established guidelines and criteria for determining "reasonable and beneficial use" and "public interest." Issuance of water use permits requires such determination.

5. BLNR's 1981 allocation procedure in the Waialua Ground Water Control Area is not fully documented and is disputed by NHAC. COWRM has not vigorously pursued resolution of these issues, which NHAC most recently raised at the July 28, 1993 COWRM meeting. At this meeting, Mr. Ing and Mr. Chuck (who were also present and involved at the September 11, 1981 BLNR meeting when these allocations were made) failed to offer any information about these issues.

6. NHAC's dispute over existing allocations to wells 3406-06 and 3407-02 must be resolved before permitting of new uses can proceed.

7. The Kawailoa 208' well application states the location of proposed water use to be "within the Waialua/Haleiwa public water system." It seems that this application should therefore be incorporated into bulk allocation to BWS rather than be separately issued to Kamehameha Schools/Bishop Estate.

8. COWRM has not scheduled a public hearing to consider the objections previously raised to Poamoho Venture's water use permit application for Poamoho A Well as required by the Water Code.

FACT

1. Existing allocations in the Waialua aquifer made to wells 3406-06 and 3407-0.2 combined were based on "No data" (BLNR minutes of 9/11/81) .

2. Existing combined allocation to these wells must be separated and transferred. The wells are situated on different parcels with

Page 18: 160B.77 11 10

· " ... o o different owners and operators, and are no longer used by the person still holding the 1981 BLNR certification (Shizuo Kunihiro) .

3. Existing available allocations in the Waialua aquifer cannot accommodate applicants' quantities of water requested.

4. Water use permit applications from NHAC (existing and new use) compete with these applications (new use only).

5. The Board of Water Supply has not commenced environmental review for the proposed Kawailoa 208' well as mandated by HRS 343.

LAW

1. Privately developed wells slated for dedication to county boards of water supply are required to comply with the HRS 343 environmental review process.

POLICY

Policy questions related to COWRM procedure are listed above under PROCEDURE.

(3) Grounds for objection

1. General and specific objections to COWRM procedure and policy as stated and questioned above.

2. The proposed uses of water cannot be accommodated with the available water source •

. '-3. Three applications are pending for a quantity of water that is inadequate for all. The Commission has not yet sought to allocate water in such a manner as to accommodate all applications, has not determined whether or not mutual sharing is possible, and has not elicited criteria or proceedings for determination of which applications best serve the public interest.

4. The Commission has not yet resolved a dispute involving existing allocations to wells 3406-06 and 3407-02.

5. The proposed' source development at Kawailoa 208' well has not completed the environmental review process as required by HRS 343.

Mahalo

"~i'~LJ~ David L. Martin, Water Claims Manager

pc: Kamehameha Schools/Bishop Estate (S. Keli'ipule'ole) Poamoho venture

Page 19: 160B.77 11 10

... o o JOHN WAIHEE KEITH W. AHUE

GOVERNOR OF HAWAII

REF:WRM-KO

p4: JUl b STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

~~~~~9N'~s/V4",;r~R RESOURCE MANAGEMENT

REsnt; .: :: (3?f:~Lij.;p· BOX 621

HONOLULU, HAWAII 96809

JUL 2 1993

MEMORANDUM

TO: v' Mrs. Hoaliku L. Drake, Director

FROM:

SUBJECT:

Department of Hawaiian Home Lands

Dr. John C. Lewin, M.D., Director Department of Health

Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Mfairs

Mr. Kazu Hayashida, Director Honolulu Board of Water Supply

Keith W. Ahue, Chairperson fr't lV, Commission on Water ResouW'~nagement Water Use Permit Application Kahana Ground Water Management Area, Oahu ~. Lt,.. . .4A

CHAIRPERSON

JOHN C. LEWIN, M.D.

ROBERT S. NAKATA RICHARD H. COX, P.E.

GUY K. FUJIMURA J. DOUGLAS ING. ESC.

RAE M. LOUI, P.E.

DEPUTY

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this form by July 30. 1993.

Additionally, for your information, the deadline to submit a ground water use permit application for existing uses from existing wells in Windward Oahu and the island of Molokai is July 15, 1993. We respectfully ask that you publish this information in any of your public newsletters, bulletins, etc. This additional help would be greatly appreciated.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

Attachment(s)

Page 20: 160B.77 11 10

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Memorandum to: Mrs. Hoaliku L. Drake Dr. John C. Lewin Mr. Clayton H.W. Hee Mr. Kazu Hayashida

Page 2

o o

Response: Contact person: Ben Henderson, Plarming Office Phone: 586-3836

(x) We have no comments (-) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: ~ ~poJ

Page 22: 160B.77 11 10

o o OFFICE OF THE MAYOR

1·-.C,_~i""J~{:~ND COUNTY OF HONOLULU .' HONOLULU. HAWAII 96813. AREA CODE 808 • 523·41 R f r. c ~'! r: IJ

1/1 i 2J"J ,J ,J '-' 0 L

FRANK F. FASI

MAYOR r 1

July 21, 1993

Mr. Keith Ahue, Chairperson Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii P. O. Box 621 Honolulu, Hawaii 96809

Dear Mr. AhU~ Subject: Your Letters of July 2, 1993 and July 6, 1993 Regarding Water Use Pennit

Applications for Lemon W. Holt, Well No. 3654-02; Gentaro Ota, Well No. 3453-03: and Kamehameha Schools/Bishop Estate. Well No. 3505-24

Thank you for the opportunity to comment on these water use pennit applications.

~_~c.. '7>',A.u.­<'-lrV--(

v_oJ' ti:~-J

We have no objection to pennits for existing agricultural water uses to Mr. Holt and Mr.Ota.

We have no objections to the construction of the proposed well by Karnehameha Schools/Bishop Estate which we understand will helpmeet future water demand in the Waialua area if successful.

Warm personal regards.

Sincerely,

FFF:js

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St C)~"riL:t:e f"\ a£e'vl~na~Jll"}

o

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON 1(JA. JJ: ~SQlJlt~lMANAGEMENT

m' 1~"H~ " ,

MEMORANDUM ~dM~$~~;'~iiJE'll'T

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Directo~~ Request for Comments \ v •

Water Use Permit Application Waialua Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use permit application for Kainalu Ranch for Well No. 0546-02. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

••

We would appreciate your review of the attached application and please return this form by July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person: Gordon Akita

( ) /IV e have no comments (It'f We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extende view pe ·od re~s}ed

Signed: WI -;tt---

Phone: 70227

>

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_~"'i

~ate 01 HawaII t1 . COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources .

APPLICATION FOR WATER USE PERMIT

'Ground Water or 0 Surface Water InstrucUons: Please print In ink or type and send colT1>leted application with attachments to the Commission on Water Resource Management PO. Box 621, Honolulu, HawaiI96S09. Application mJst be accolT1>anied by a non-refundable IIlIng fee 01 $25.00 payable to the Dept. of Land and Natural Resources. The Commission may not accept incomplete applications. For assistance, call the Regulation Branch at 587-<>225.

1.

, , .

.. -----.......-- ...... ...-----, ......... ----,.- .•.. _--- .. --.. _--- .. _-2. ___ r_c.~ ,.} / /_J _/--:..l--_' --:.;'<J-=-_________ . ISL~ .!LJ: j~L.~,/.: J t< ,./ '

1/1 \ Q \ \1

3. (a) EXISTING SOURl~E NAME AND STATE NUMBER: '0 I'

/UL-/CZ, k!·I/

(well or stream diversion name/number) ". )

(b) PROPOSED (NEW) SOURCE NAME: ----------__ ..;.:..!...., __ -1.(_'~.' _-."....-_ \ .' ... :",J)

4. I ;7 . ' .. - ., \

SOURCE LOCATION: Address /<,4/ .. -<h<J,J x.n,v(.·/.T~~ap~~S-i'1.j-~1 (Attach a USG~. acale 1"=2000', and a property rr showing source location referenced to ~abllshed property bound~.)

SOURCE TYPE (check one): 0 Stream Gt Basal OOike-confined 0 Perched ~ caproclJ\ 5.

6. METHOD OF TAKING WATER (check one): 0 Artesian Flow ~eI & PuIT1>

, \. . . o Diverted Surf~ Flow dl)Other(explain)

\ .1' '. ::£"

7. LOCATION OF PROPOSED 'lf1TER USE;,(ltpo3b1e~hoW on same ~s as source location. Otherwise, att8Ch!milar maps) \ (a) Address . \LA.hJ A.UA ~~.p:: ~}ax Map Key 5 - ::t- 0.0 : I, z.. (b).Land Use Olstrict(check one~ 0 Urban /' (2(~!f,uhur~ /I c:: 0 Co~n 0 Rural _ _ I ~ '1 2. ~ a'\ (c) County Zoning (describe) ~be:-\C- ~ ~~, 1.=4- A.c.&=<-<l>t ) @. ?.f.nVsEf\W'Q 10 tV 6,1':;) • ~ ~

. '2; I 000 ~~,b . QUANTITY OF WATER REQUESTED: .;;JOl; 74'<-,..., '2 /to- c1 ) gallons per day 8.

9. METHOD OF MEASUREMENT: o Flowmeter [;(Open-pipe 0 WeAr Dorlf\ce o Other (explain)

10. QUAUTY OF WATER REQUESTED: ffiFresh o Brackish o Salt o Potable 0 Non-Potable

11. PROPOSED USE: o Municipal OnckJding hotels, stores, etc.) 'lDomestic Ondivldual, noncorrrnercial, etc.) 8'lrrigation

o Industrial o Military OOlher(explain)

NUMBER AND TYPE OF UNITS TO BE SERVED (explain): _-_-?-~:;_~_v_r_C-I_-.,;/ __ /.-_-'_S-__ (J_A-_, _I '_I_y __ _ /'k &.4j~":"

~ () D At:.. rz..A, I - i/ 'f-· -4//.

12.

13. TOTAL ACRES PROPOSED FOR IRRIGATION AND TYPE OF CROP: (acres) (crop) .

14. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: _...:.(._5_-......:y:........:;_'Y_-r-=-)-=-v-~· ---.::(,;;..i~-:----,;,..)-5-C~_J"' __ Ondlcata hours 0' operation)

15. APPUCANT MUST BRIEFLY DESCRIBE FOLLOWIN~ PO!~NT~ RESTRI9'!'IONS q~ U~E: . (a) Impact on Sustainable yield (1): /.·7 /' I ~ r <t)ft/"', ,.' /J - J /I'J (.;.r,,?

(b) Permenant or Interim Instream Row Standards affected (1): .....:..?-...:..·-...:.:-...v-==..J::....,~~"'...:.:~~/-:J"L~-"..--I..:...&>-'-... ~------------

(c) Hawaiian Home Land uses affected (?): __ ~~_-,--______________ _ .... c...-.1

(d) Other oxlstlng legcl uses affecfgd (1): (e) ~~: ________________________________________________________ __

H5 REMARKS, EXPLANATIONS: ________ -------------------------

(If more space 18 needed, continue on back side)

NOTE: Slc,pno below Indlc.tes tNt the applicant understands that, 11 I _til' UII plI'm" Is granted by the Commlsllon on Watll' AesOU'c. Mll\Agement, I perm" Is sublect to prior eJdsting permmed uses, changes In sustalnabl. yields II1d Instream now standards. reserved US" II defined by the Commission, and HaweJlan Home Lands MlJ(e uses. In addition, applicant undelltands tNt. upon plI'm" approval, a _til shortage plan muat be submm.d should the Commlsllon require one.

Applicant (print) (> V, / // AI /X ~. u'c,..c/ ,/,41( Landowner (print), t;J / /, /~ ,n d l:~:-.I 'v /..<1L-'

Signatur~ ~7ti' -J-L-V Signatur. :; ~. ~._£---: Date' /' ,:) h 0 '-,9> Date (_ /,;, .- c - ~/.J

For Official Use Only: Date ReceIv«KI_. ______ _ Hydrologic Umt No. ____ _ Dlver.Jion Worits No. __ _ Date Acoef)ted ______ _ State Wall No. ______ _

NotICe Dales: Public Mayor BWS Mlllllist __ _ Bulletin __ _ FV:i: HeaTg __ . __

Page 26: 160B.77 11 10

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Page 28: 160B.77 11 10

J o

RC""'C"\t!=­~ '.~.' ... t.o!': : / .'-.- ~ ) State of Hawaii

o

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON J.&Nlt.RatES@18RCG ~ANAGEMENT

Honolulu, Hawaii -;S2:

MEMORANDUM

;'

t{u FrOM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Co.nservation and Environmental Affairs State Parks· Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for Comments Water Use Permit Application Kahana Ground Water Management Area, Oahu

~~ c!:'Q r;~

~\£ C"':~ <i6~

~ ~

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this Conn by July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person: _G_o_r_d_on_A_k_i_t_a _______ _

( ) We have no comments (0" We have no objections ( ) Comments attached ( ) Additional information requested

SIgned: 14o~ (.) EXler;:. Pli7J1-:

Phone:_7_0_2_2_7 ___ _

Date: 1/)1 /13

PII

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Page 30: 160B.77 11 10

'. o o· .'" ~(~: , State of Hawaii ,,<' .') (.~

• " , J •. 1

COMMISSION ON WATER RESOURCE IVIANAGEMENT Department of land and Natural Resources,: '- :r~

: '

APPLICATION FOR WATER USE PERMIT

)q Ground Water or 0 Surface Water

'. , .\ 0':, ..... : .. ,\

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In.tructlon.: Ple8le print in ink or type and .and completed application with attachmenla to tha Commlnlon on Water Re.ouree Managament. P.O. Box 621. Honolulu. Hawaii 96809. Application mu.t be accompanied by a non-refundabla filing fee of '25.00 payable to the Dept. of land and Natural Re.ource •. The Commission may not accept Incomplete application •. For assistance. call the Regulation Branch at 687-0225 (neighbor 1.land •• 1-800-468-46441.

PERMITTEE INFORMATION

1. (a) APPLICANT

Firm/Name _~a,:a,2...!ooZ::::""· N!...3...l.7j..I.:t9:!..!Ru..looO~~O~'G!...!'A~ __ \";ontact I-'erson Pb.,;t~1-iO'i-3 Address l2Il fSt1V S~l ~ m ?6z3'c>

(b) LANDOWNER OF SOURCE

Firm/Name _~$,-=~::.;1;.L,L.;r4~«~O::;........::O::JUu~~ _____ -.-Contact Person Pb~7-fC'4-~ Address .it2. ~ .% /

b;44@J9; HI 9~ 7$ 0

~ SOURCE INFORMATION C \(~A~A-)

2. WATER MANAGEMENT AREA: ~/l(t'£t< l 0"£.... ISLAND: c:Jt:C.ic.<.. 3_ (a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER: 3Y.S3 -03 Pit\. Will

(b) PROPOSE£:} (N[Wt WELL/DIVERSION NAME: ----L~J....I-olj~~e~---:-----r--------_.,._=_ (e) LOCATIO~·!~!s:'4. f - cn:.rRE;'~·!utl t1aL TaXMaPKeyS"-iJ..3_0~Oe

(A ttach a USGS map, sca:e 1" = 2000', and a property tax map showing ource location eferenced to established proparty boundaries.)

4_ SOURCE TYPE (check one): 0 Stream 0 Basal 0 Dike-confined 0 Perched ~ Caprock

5. METHOD OF TAKING WATER (check one): ~ Artesilin 0 Wen & Pump 0 Diverted Surface 0 Other (explain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possible, show on same maps as source location. Otherwise, attach similar maps)

(a) Proposed use of water is: ~ Exi$ting 0 New 0 Both existing & new uses (b) Tax Map Key: ~ -" -3 - OoS: 0 ~ If location of use is over multiple TMKs, please complete Table 1 on back of application)' (c) Address: . . )

(d) Current Land Use District (check one): 0 Urban • ~ Agriculture 0 Conservation 0 Rural (e) Current County Zoning Code: (J. -4 '0/1-(,«1,*""'"

OUAI\lliTY OF WATER REQUE.::fi!t1c.n

.s - ~7'()O 0 gailons per day 1.

8. METHOD OF MEASUREMENT: 0 Flowmeter ~ Open-pipe o Weir o Orifice o Other (explain)

9. QUALITY OF WATER REQUESTED: ~ Fresh o Brackish o Salt o Potable o Non-Potable

10. PROPOSED USE: 0 Municipal (including hotels, stores, etc.)

o In~ustrial o Individual Domestic

o Military

~Irrigation o Other (~xplain)

11. 12.

13.

-For questions 12 & 13: If mUltiple TMKs are involved. please complete Table 1 on back Of~pPIiC?n.

TOTAL NUMBER OF RESIDENCES TO BE SERVED: -:: /¥..Ilol£:. -t TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ;L 7!ihAIYt:- "e~&J;k f r Jv iacres) ,,". . (crop) ~ ~ (....J €.-PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: -'::::'~~--'~':::-...-4(j;.L:lo(!....,..:t=1-;)-I------­

(daytime hour~ opel~on, ex. 7 a.m. to 2 p.m.)

14. APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Sustainable yield (7): __ -.L.ltCl.l..tJUI1:U'-i:..-.::-~ _____ ---:' __________ _

(b) Instream Flow Standards affected (7): -_-LJAt~,,:1..l'lb...l...l-_. _________________ _ (e) Hawaiian Home Lands use affected (7 ):..' -_c.AIl-{".6.ft:~t...(.L_------------------((de)) Other existing legal uses affected (7): ~

Other (pending permits, EIS, etc.)(?): ~ ____ ----_----------

15. REMARKS, EXPLANATIONS: &() R roo re._ IV Jb:.vv V.J: 4;, h&..7!t rp ~UZ.£c· ;,c,.(~~41~~'rl-...Jf!.Jt;#.~L-./J:.:cJ~~......l~~:l.-~~d...-.---.:....

I hlmorer.,sec 18 n ,.§Jfth*"'''~._' __ Q.44#_. ••

•. _ ....... !Htf

NOTI: SiOnino below Indieat .. that the ""plle.,t undentonde _. If • wet ..... ""mit Ie g,ontocl by the CO<11IT1I1eion .... Wat. "--_ I0Il""->1, • permit Ie..aject t. prior .xie~

~rm;ttocl ..... dll,ng" In .... t.nabIe yie.,. end ntrll'" now etend.do. ,_vocl .... defined by the C ........... on, end H_ ... ." Home l .... 1uI\n.... In eddltion, """leone

<.<1d ... tend. that. upon permit _0"" .• w.t .. 1h«1_ p4an muet be I\bmittocl ohoUd the Commioelon require _.

Applicant '~3a ~TIJ Signature .. ~ ~ Date -L-?,-O 'T 3

For Official Use Only:

Landowner (print) G£'t1IrB!?a drt?J. Signature 4k~ /?& Date ,.,.-:----aO -1'3

~ I ."'~ "'. \i .,

Dale Received _____ _ Hydrologic Unit No. ____ _ Diversion Works No. _____ _

Page 31: 160B.77 11 10

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Page 33: 160B.77 11 10

o BOARO OF WATER SUPPLY

CITY AND COUNTY OF HONOLULU

630 SOUTH BERETANIA STREET

HONOLULU, HAWAII 96843

Mr. Keith Ahue, Chairperson

o FRANK F. FASI, Mayor

~~f'~l\iJ:'," 1'1 WALTER O. WATSON, JR., Chairman -- - .. '. \., •.. -' MAURICE H. YAMASATO, Vice Chairman

SISTER M. DAVILYN AH CHICK, O.S.F. JOHN W. ANDERSON, JR.

n;; tJ h 21 9 jlE.1 D. JOHNSON \} J VUi.. A: 't1"f.ISSA YJ LUM

C. MICHAEL STREET

Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii P. O. Box 621 Hono~aii 96809

Dear Mr. Ahue:

Subject: Your Letter of July 2, 1993 Regarding Water Use Permit Application for Gentaro Ota, Well 3453-03, Punaluu

Thank you for the opportunity to comment on the existing water use permit application. We have no objection to a water use permit for Mr. Ota.

Very truly yours,

KAZU HAYASHIDA Manager and Chief Engineer

Pure Water . .. man's greatest need - use it wisely

Page 34: 160B.77 11 10

o IN THE MATTER OF

PUBLIC NOTICE 93 JJL 20 pf2: r~ Applications for Water Use Permits Ground Water Management Areas

AFFIDAVIT OF PUBUCATION

PUBLIC NOTICE Application. for Water ui., '.rmlt Grou,.d Wat.r,M.n~g,m.nF~r •••. Applications for the followmg w~ter use JIel:J1l1ts

have. been received and are hereby. made·pubbc, bJ accord/lnce with Department of! Land .and JlfaturaJ Resources Administrative' Rules l~l71,'~Qesigna. tion and Regulation of Water Management Areas.· LW Holt Well (Well No. 365t-o%) . . .' • Applicant: Lemon W. Holt ,,' , . . ' . . , 3789 Kumulani Place . ," . ',':; HonolUlu·m 96822 . . Date Completed Application ReCeiVed:. ,

June 14, 1993 .: . " . Aquifer: Koolauloa System, Windward Sector, Oahu Well Source: LW Holt Well,Well NO. 3654-02, 53.007

Halai PI. Hauula, Oahu at Tax ~pKet. 5:-3-15:25 Quantity Requested: 1,600 gallons per day, EXisdng Water Use: Irriga~ion of 1 acr~ of coconut

trees., . ,; , ' , . Place of WiterUse: 53-007 Halai Place Hauula, m

96717 at Tax'Map Key: 5:-3·15:25'. :. ,:" Ota Well'(Well No. 3453-03) . "" 1

Applicant: Gentaro Ota . .' , P.O. Box. 561

. . Kaaawa, HI 96730 Date Completed Application Received: .

June 14, 1993 ' Aquifer: Kahana System Windward Sector, Oahu Well Source: Ota 'Well, Well No. 3453-03, Punaluu,

Oahu at Tax Map Key: 5:-3:5:6 ' Quantity Requested: 6,000 gallons per day Existing Water Use: IrrigaUon of 2 acres of bananas

& vegetables . ' Place of Water Use: Punaluu at Tax Map Key:

5·3·5:6 . Puelelu Well (Well No. 0546-02) Applicant: Kainalu Ranch, . ,

Star Route Box 320 Kaunakakai, HI 96748 ' . ,f "

Date Complete~AppUc;atiol,l Rec~ivedi .. ' l" June 9, 1993 ,;" ";;"r:'~ >ti:il;:'\':;, .. !::~t.":, .'

Aquifer: Waialua System;'Southeast SectOr; Molokai Well Source: Puelelu Well, Well No. 0546·02,

Kainalu Ranch, Molokai at Tax Map Key: 5-7·3:62 Quantity Requested: 200,000 gallons per day', New Water Use: Domestic use for future 1 to 5

units; irrigation of 200 acr~ 'of fruits, vegetables, and flowers . .. i', . '

Place' of Water Use: Kainalu Ranch at Tax Map Key: ~·7·3:62 .., , . Written objections or Comments on the applica.

tions for water use permits may be filed by any person who has property interest in ~ny.land within the hydrologic unit· of the source of water. supply, any persoq ~ho will be di~~IJ' aDd;:imrn~iately affected by the proposed water use, or an, other interested person. Written objections shan: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which ob~ections are taken; and (3) state all gro, . unds for objections to the proposed permits. Send. ~ritten objections by July 30, 1993 to 1) the ComD\lsslon on Water Resource Management, P.O. Box 621, HonG­lulu, Hawaii 96809 and 2) a copy of objection letter(s) to the applicant at the "8bOveadd,ress.

COMMISSION ON WATER . RESOURCE MANAGEMENT . .

RAE M. LOUI. . .... For KEITH W.AHUE ' .. : Chairperson

Dated: JUNE 25, 1993 . ( IHnn ~."R' l"lv!l 111. 1!lll~' . ", . (~R·8042)

City and County of Honolulu

................. ~~.7.?.~9. ... ~::.~.~~~E.~ ............................ , being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of the HAWAII NEWSPAPER AGENCY LIMITED PARTNERSHIP, a partnership of GANNETT PACIFIC CORPORA,­TION, publisher of THE HONOLULU ADVERTISER, and LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, publisher of the HONOLULU STAR-BULLETIN, that said newspapers are newspa­pers of general circulation in the state of Hawaii, and that the attached notice is a true notice as was published in the afore­referenced newspapers as follows:

The Honolulu Advertiser: ............................ times, on .......................... ..

Honolulu Star-Bulietin: ........ "t;.X?Q ••••••• times, on ..................................... .

................ !l.~.+.y .... ~.Io •••• +.R., .... l5).~.J .......................................................... .

Sunday edition of The Honolulu Advertiser: ............. times, on ........... ..

and that affi~n!!.not a party to or in any way interested in the above entitled'i/;:r.

................... ~ .. , ... Ut.IdJ. ..... ltLlL.-tU.1.1r.;,.V:-::.~t;!.... .................... . Subscribed and sworn to before me this .... ~.~~.h. day of ...... ';f):l;J..Y. ....... A.D. 19 ... ~.~

....................... ~.i. .. .J.11 ........ ~ ....................... . Notary Public of the First Judi i I Circuit, State of H~w.aii. arch 7, ~I 006 My commIssIon expIres ...................... , ............................... ' ........................ .

Page 35: 160B.77 11 10

o R~t'l'!'l\1'E" n

State of Hawaii' c_ G

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON W~Efi4>U~rw:.rvrttAGEMENT

Honolulu, Hawaii •

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources 0 ~ h.. Forestry and Wildlife (_, .... "-".J' ( ... :, .... ::.,' . .1.\ ",

Historic Preservation ...,.... .... . I't (~ " ,

Land Management '-> rrt Natural Area Reserve System 0 \ .. 1::,"'" Office of Conservation and Environmental Affairs ' State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for' Comments Water Use Permit Application Kahana Ground Water Management Area, Oahu

~, '1,;:

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this fonn by July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

,."'LL

' ..

Response: Contact person: S'kve &yt1.vVc.- _ Phone: ~-()sgs-

( ) We have no comments 74e su4Jecf vuel! slle J Icien-hWe/ as " /J ~ Y We have no objections a fJOr';;;;"" ~.f 77Htf::5-3 -(1): 6 J /511lif /oc.afet:?f lVJ Comments attached w;M11? Me. (l7'15erVR1~~ D ~/C+ ( ) Additional information requested I I

( ) Extende . period requested

Signed: --::~~~;2::::::::L--..-=C=-:G_· ~~~I)~ ___ _ Date: '-7/rfI9J , l

Page 36: 160B.77 11 10

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. '- '.,' 'y I' .. :}' " I': ;-.. ; N)-~' , l. , ;.... '. :'., ~ J""

. r" ~!. H /' ~ :. G r l.f f .!J '; " State of Hawaii -. ..,., DEPARTMENT OF LAND AND NATU~,R&SO\'l~~.efil~ ,<:; COMMISSION ON WATER RESOURCE MAN'AG~'MEf'l'r' jJ

Honolulu, Hawaii

JUL . 1 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for Comments Water Use Permit Application Kahana Ground Water Management Area, Oahu

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this Conn by July 30. 1993. .

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person::,::..-_-,-r:~,.....' l.~"",?"L' -:2..t--.~"'----Io<::"":::;"-"-----:""'-__ _

( ) We have no com ents ( ) We have no objections 0\') Comments attached t( ) Additional information requested (.) Exte~ew ~~ested SIgned: ~~

Pho1~:~~;:: 6--~7 -t?f/J'J /'"'1::0 I,,) \'11

en

,i:: "0 '·C

Date:;K~;')~ .~~~---------------------------------- ..

Page 37: 160B.77 11 10

o o

-... -... . .

Page 38: 160B.77 11 10

o o oahu District Office has no objections provided that the applicant

obtain the required Federal, state and county permits prior to initiating the proposed work.

Should you have any questions, please call John Dooling at 7-0433.

~ I

Page 39: 160B.77 11 10

.7 .-

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0 0

Rf!"r~'\1r.n .- ,,- -,~ .. - State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES

93 JL£OMMI~~NRj"J WATER RESOU~CE MANAGEMENT Honolulu, Hawall

~t~~ ~ TE~1 -,-~, '3 ~_ ~·~E~! r

JUL . , '99-~ RF MEMORANDUM on3 JHI 1 7 ,-tiL-

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for Comments Water Use Permit Application Kahana Ground Water Management Area, Oahu

'B . (jJ ~

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16. 1993.

We would appreciate your review of the attached application and please return this form by July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274 .

LN:ko Attachment(s)

Response: Contact person: _____________ _

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information request ( ) Ex peri ste

Signe . H-.6-W--""""""-----I.~---Io:~~------

Phone: __________ _

Date:

II

Page 40: 160B.77 11 10

_ .. ::aw:a

o o (,:':'1 (,,,'

State of Hawaii --<,.) <.:;~ ., j" • J,·:1

COMMISSION ON WATER RESOURCE MANAGEMENT Department of land and Natural Resourc~s: '-

" ,

APPLICATION FOR WATER USE PERMIT ..

)q Ground Water or 0 Surface Water

.~ \ '.)

Inltn/ctlon.: Plene print in ink or type and .end completed application with attachment I to the Commlilion on Wetar Ralouree Meneoement. P.O. Box 621. Honolulu. Hawaii 96809. Application mu.t be accompanied by a non·refundable filing lee of 125.00 payable to the Dept. 01 land and Naturel Relourcel. The Cornmiuion may not accept Incomplete applicationl. For assistance. call the Regulation Branch et 587-0225 In"lghbor 1,lend •• 1-8QO.468-46441.

PERMITTEE INFORMATION

1. (a) APPLICANT

FirmlName _----"'a"'-'e=·-'-'N~T1_L" t9::.JR~O,---,O=-"r;~A~ __ , Pb',;B1-W(j-3 i,;onlact !-erson

Address -'2fj ~c1K S{;j &:MAP-fA ta ?6ZIO

(b) LANDOWNER OF SOURCE

Firm/Name _$=J...!:~:::":":.L1?L.;' 1};.:..!.Jf(~o==---=C>::;Jnu~:;...!.... ____ -=--r-.

Contact Person PbQlS7-f04~ Address __ -,.m~:-:·=i&:J.~(;1X~r6b;;.,.z;.;?-/~~"'!r"'I!"--:::~----bA4Wi9. H1' 9gUo

""f'<fI" ..... ~ SOURCE INFORMATION ( \(a1\~WA..)

2. WATER MANAGEMENT AREA: .' ~tt<. I a ttk...· ISLAND: t2t:l./'u.. 3. (a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER: !JYS3 -03 Dttll. Wul

(b) PROPOSE£:} (N[~t WELL/DIVERSION NAME: ---"-I&~~~e.~---:-__ ""'-______ -='--"=-

(c) LOCATIOr-f:·td~~sr~~4"ldAit2 $FCroiifW,4·&tf-cJQL.-(. Tax Map Key S' _tJ.'3_os-;-oe IAttach a USGS map, scale 1· = 2000', and a property tax map showing 'ourcelocation 7eferenced to established property boundaries.)

4. SOURCE TYPE Icheck one): 0 Stream 0 Basal 0 Dike-confined 0 Perched "t Cap rock

5. METHOD OF TAKING WATER Icheck one): ~ Artesilln 0 Well & Pump 0 Diverted Surface 0 Other lexplain)

USE INFORMATION

6. LOCA TI ON 0 F PR 0 PO S ED WATER USE: (If possible, sho w on same maps as source location. Otherwise, attach similar maps)

la) Proposed use of water is: ~ Exi!lting 0 New 0 Both existing & new !Jses (b) Tax Map Key: (;" -d:j - 0$: 0 ~ If location of use is over multiple TMKs, please complate Table 1 on back of applicatfon)

Icl Address: )

Id) Current Land Use District Ichack one): 0 Urban ~ Agriculture Ie) Current County Zoning Code: a -4 'o/h<.ul.~rl

UUAI''J IITY OF WATER REQUES.f!t1c.,..,..s - ~700 ()

o Conservation o Rural

7. gailons per day

8. METHOD OF MEASUREMENT: 0 Flowmatar ~ Open-pipe OWeir o Orifice o Other lexplain)

9. QUALITY OF WATER REQUESTED: ~ Fresh o Brackish o Salt o Potable o Non-Potable

10. PROPOSED USE: 0 Municipal (including hotels, stores, etc.)

o Industrial

o Individual Domestic

o Military

N Irrigation

o Other I~xplain)

11 . 12.

13.

For quastions 12 & 13: If multiple TMKs are involved, please complete Table 1 on back Of~pPIiC?n.

TOTAL NUMBER OF RESIDENCES TO BE SERVED: -:: /Y.I1.ti£:. 1-/ TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ;L 7itthlft~f'eret~bkfr

Jv (acres) "', . (crop) ~ I'tte. t..J ~ PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: _~::;::...:...--,1~~-..-. ~(j;.L3L("~!i~;J+-_____ _

(daytime hour::;' opel;{ion, ex. 7 a.m. to 2 p.m.)

14. APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Sustainable yield (7): __ -Ll&I.Gt2llt::Ll s;.c-.::::..-__________________ _

Ib) Instream Flow Standards affected (7): ___ "~l~~1-Ih...I~--------------------(c) Hawaiian Home Lands use affected (7) .:.-_-LD¥(46-""eo~ .. ~------------------Id) Other existing legal uses affected (7): ~: (e) Other (pending permits, EIS, etc.)(7): ~~"' """"----------------

15. REMARKS, EXPLANATIONS: to R - re._ IV

NOTt: Signina below Indi.at .. thai the opplie_ underotande "'-'. If • wal_ .... permit ie g,onted by the Cornmiwien en Wet. "-'>woe Maneoement •• permit ie MA>ject to prior uieting p<I,mitted ....... en.'O .. In _tainable ylelde end nuu", now lIend.cIe. r_ved ... _ defined by the CornrnieeIon, end H_ailen Home Lande ~.... In addition, IPPJc.-.c

und .... lend. I"-t. upon _mit _oyol •• wat_ 01>«1_ pi ... m .... be oubmitted ohouId the Commioelon req"'. -.

Landowner (print) G£ tlrrtR0 cJT,I;}.

~~t:atur. ,:;f£ aQ: For Official Use Onlv:

." I ...... , ,. .. ,'; ".1 .. Date Received _____ _ Hydrologic Unit No. ____ _ Diversion Works No. ______ _

C.a'. WAil Nt"

Page 41: 160B.77 11 10

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-

Page 42: 160B.77 11 10

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Page 43: 160B.77 11 10

o o State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

Honolulu, Hawaii

JUL . 1 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic PreserVation Land Management Natural Area Reserve System Office of Conservation and Environmental Mfairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for Comments Water Use ~ermit Application Kahana Ground Water Management Area, Oahu

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this form bv July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person: _____________ _

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: _______________________ __

Phone: ------

Date: ______ __

Page 44: 160B.77 11 10

o o . ,) . ,\

State of Hawaii -<:' .. ". ~:~1 COMMISSION ON WATER RESOURCE MANAGEMENT Department of land and Natural Resources

; .

APPLICATION FOR WATER USE PERMIT \ .\

:"', ,\

):q Ground Water or 0 Surface Water . ~ ~ ,-\,

)

\

In.tructlon.: Pteue print in ink or type and .end completed application with attachment. to the Commlulan on Water Re.aurce Menagement. P,O. Box 621. Honolulu. Hawaii 96809. Application mUlt be accompanied by a non-refundable filing fee of .25.00 payable to the Cept. of land and Natural Re.aurce •. The Commiuion may not accept Incomplete application •. For .. siltance, call the Regulation Branch at 587-0225 Inelghbor "'andl. 1-800-468-46441.

PERMITTEE INFORMATION

1. Ib) LANDOWNER OF SOURCE

Firm/Nams _-'='l$J-'I~::;;...f;.L.L..n;...:."1-1 .... I?~o=--...:::"::;.,n .... ~t...:.... ____ .....,,--~ Contact Psrson Ph0lS7-f04-~

Addrsss fi;(lfJlJ~~ 9~ 7,f 0 , ~

SOURCE INFORMATION C I(~~~A-)

2. WATER MANAGEMENT AREA: .. ~£k I Oeek.... ISLAND: c:Jcci«-. 3. la) EXISTING WELL/DIVERSION NAME AND STATE NUMBER: 3ys;S -03 D1t1t. WU\

Ib) PRO PO SEq INF_Wt WELL/DIVERSION NAME: ~ _. ~~ Ie) LOCATIOr-t:·!d1r~s~4.. f . c rvliPt:a d·ted i2qL..t Tax Map Ksy .s- .d.3.0,r;-OG (Attach a USGS map. seals 1" = 2000'. and a property tax map showing ourcs location eferenced to established property boundaries.1

4. SOURCE TYPE (check onel: 0 Stream 0 Basal 0 Dike-confined 0 Perched IJq, Caprock

5. METHOD OF TAKING WATER (check one): ~ Artesilin DWell & Pump D Divertsd Surface DOther (explain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possible. show on sams maps as source location. Othsrwise. attach similar maps)

(a) Proposed use of water is: i:l Exi!lting 0 New 0 Both sxisting & new uses

(b) Tax Map Key: 6·".3 . OoS: o~ If location of use is over mUltiple TMKs. please complete Table 1 on back of application) (e) Address: .)

1.

(d) Current Land Use District (check ons): 0 Urban • ~ Agriculture (e) Current County Zoning Code: a -4 'o/1=(t:.iJ./.-I-'¥~

QUAI''J liry OF WATER REOUESlt1c.,.,..s - ~ .()O 0 .,

o Conservation o Rural

gailons per day

8. METHOD OF MEASUREMENT: 0 Flowmeter )i;/ Open-pipe DWeir o Orifice o Other (explain)

9. OUALITY OF WATER REOUESTED: ~ Fresh o Brackish o Salt o Potable o Non-Potable

10. PROPOSED USE: 0 Municipal (including hotels. stores. stc.)

o Industrial

o Individual Domestic

o Military

~ Irrigation

o Other (!'xplain)

11 . 12.

13.

14.

15.

For questions 12 & 13: If multiple TMKs are involved. please complete Tabls 1 on back o~pPIiC?n.

TOTAL NUMBER OF RESIDENCES TO BE SERVED: - = ~d.£ H TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ;J... ~IM~ "ecet~fr

Jv (acrss) "'.. (crop) /Ic,~ (.. • .r~ PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: ~.;t~~)'::>.i:!-~. -\,6.JL1I~(!...;r!1.=f.;J-J-_____ _

(daytime hour::bf opel;tion. ex. 7 lI.m. to 2 p.m.)

APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: la) Impact on Sustainable yield (7): __ -ItC:.tJr12.i't.ll£.C. .. -~ _______________ _

Ib) Instream Flow Standards affected (7): __ ......LlAl"'<S1JtLI!:l.d._._---------------­(c) Hawaiian Home Lands use affected (7):.,' __ L6¥:?~6:.f1~::10..1!"~-----------------'-_ ((de)) Other existing legal uses affected (7): ~

Other (pending permits, EIS, etc.)(7): ~'----_-----------

REMARKS, EXPLANATIONS: to R ... ~ ,\~ ~ - .<it IV d<:;kV v Z I Crt;, e ';£c ~1:of., 8fac;.L,.(.f.u~[l;1JIC,.(.~e-Jt!~~c.:ltnL1~,~:!:.!u~e :3!0=n ...... 8 ~Sr;.1 f::~'-f-)."--J.£.:GJI::6.:3~..-l."-;~:l.-.\".4¥l'oL..--

NOTE: Si9ning below Indi •• t .. thet 1M opplicent underotendtl _. If 0 wet_ ... permit ie or""od by 1M Commlwion on Wet ............ M~ •• permit ie ~ to prior exieting

permiltod ...... c:hanQ_ In _toinable ylelde and Irw"oom now .. and.do, I_~od ...... cHllned by 1M Commiooion. and H_·"an Home l __ Iut\n ...... In oddltion, _Ie ...

Applicant IP~" C:OTIJ

Signature . ~ ~ Date _£:-1-0- 7'-3

For Official Use Only:

Landowner (print) G£t1IrBRO dr&

Signature ~ ~ Date I -- '3'

'. : .. ".~ ,., \: ., Dets Received _____ _ Hydrologic Unit No. ____ _ Diversion Works No. ______ _

Page 45: 160B.77 11 10

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--;~---==:1==~~~~~~~~~~======~~::::::::::::::::::::::::::=:::::::~~~~~~::::::::::::::::::::------~------------------------~--------~~----------------------------------~---~~----~~~~~ I -(,--- --:c,-.".-.-, -======c __ _,,--~=---;/

Page 47: 160B.77 11 10

o • State of Hawaii

Department of Land and Natural Resources DIVISION OF AQUATIC RESOURCES

July 8, 1993

MEMORANDUM

TO

FROM:

SUBJECT:

Rae M. Loui, Deputy Director Commission on Water Resource Management

Henry Sakuda, Administrator *< Division of Aquatic Resources ~~

Comments on Water Use Permit Application for Gentaro Ota for Well No. 3453-03 for the Kahana Ground Water Management Area, Oahu

The application involves releasing approximately 6,000 gallons of water per day from an existing artesian well near Punaluu Stream for agricultural irrigation. Because this is an existing well and the quantity of water to be used is small, we do not believe that any loss of habitat for stream biota will occur. We therefore have no objections to the proposal.

Page 48: 160B.77 11 10

JOHN WAIHEE

GOVERNOR OF HAWAII

REF:WRM-KO

o o

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT

P. O. BOX 621

HONOLULU. HAWAII 96809

JUL 2 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands

DL John C. Lewin, M.D., Director Department of Health

Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Affairs

ML Kazu Hayashida, Director Honolulu Board of Water Supply

Keith W. Ah~e, Chairperson C't l V Commission on Water ResouW~~\magement

Water Use Permit Application Kahana Ground Water Management Area, Oahu

.~ ==([ ~·n~ '1>~ . f.t...

KEITH W. AHUE

CHAIRPERSON

JOHN C. LEWIN. M.D.

ROBERT S. NAKATA RICHARD H .. COX. P.E.

GUY K. FUJIMURA J. DOUGLAS ING. ESQ.

RAE M. LOUI. P.E.

DEPUTY

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this [onn by July 30, 1993.

Additionally, for your information, the deadline to submit a ground water use permit application for existing uses from existing wells in Windward Oahu and the island of Molokai is July 15, 1993. We respectfully ask that you publish this information in any of your public newsletters, bulletins, etc. This additional help would be greatly appreciated.

If you have any que~tions regarding this application, please contact Roy Hardy at 587-0274.

Attachment(s)

--------------------------~ -

Page 49: 160B.77 11 10

Memorandum to: Mrs. i-Ioaliku L. Drake Dr. John C. Lewin Mr. Clayton H.W. Hee Mr. Kazu Hayashida

Page 2

o

Response: Contact person:

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

o

Phone: __________ __

Signed: ____________________________________ ___ Date: ________ _

Page 50: 160B.77 11 10

JOHN WAIHEE

GOVERNOR OF HAWAII

REF:WRM-KO

o o

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT

P. O. BOX 621

HONOLULU, HAWAII 96809

JUL 2 1993

Honorable Frank F. Fasi, Mayor City & County of Honolulu City Hall Honolulu, HI 96813

Attn: Mr. Jeremy Harris

Dear Mayor Fasi:

Notice of an Application for a Water Use Permit Kahana Ground Water Management Area. Oahu

KEITH W. AHUE

CHAIRPERSON

JOHN C. LEWIN, M.D.

ROBERT S. NAKATA

RICHARD H. COX, P.E.

GUY K. FUJIMURA

J. DOUGLAS lNG, ESC.

RAE M. LOUI, P.E.

DEPUTY

In accordance with the Department of Land and Natural Resources Administrative Rules, Section 13-171-17(a), we are sending you a copy of the public notice for the water use permit application for Gentaro Ota for Well No. 3453-03, which will be published in the Honolulu Star Bulletin.

In addition, Section 13-171-13(b) of our Administrative Rules states:

"Within sixty days· after receipt of notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with the county land use plans and policies."

We have attached a copy of the application for your review and would appreciate receiving your comments, within the next sixty (60) days, on whether this water use is consistent with county plans and policies.

Very truly yours,

MG-·/~ KEITH W. AHUE

Ene.

Page 51: 160B.77 11 10

JOHN WAIHEE

GOVERNOR OF HAWAII

Mr. Gentaro Ota P.o. Box 561 Kaaawa, HI 96730

Dear Mr. Ota:

o o

DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT

P. O. BOX 621

HONOLULU, HAWAII 96809

JUt '1993

KEITH '/II. AHUE CHAIRPERSON

JOHN C. LEWIN. M.D.

ROBERT S. NAKATA RICHARD H. COX. P.E.

GUY K. FUJIMURA J. DOUGLAS ING. ESQ.

RAE M. LOUI, P.E.

DEPUTY

Enclosed is a copy of the public notice for your water use permit application for Well No. 3453-03 which will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

Please be aware that there may be objections to your application. If objections are made, the objector is required to file such objections with the Commission and is also required to send you a copy of the objections.

You, or any other party, may respond to objections by filing a brief in support of your application with the Commission within ten (10) days of the filing of an objection. You, or the other party, must also send a copy of the response to the objector. .

LN:ko Encl.

If you have any questions, please contact Roy Hardy at 587-0274.

Sincerely,

Deputy Director

Page 52: 160B.77 11 10

" \

J -"

.~ o o State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

Honolulu, Hawaii

JUL . I 199-~

MEMORANDUM

TO: Aquatic Resources Forestry and Wildlife Historic Preservation Land Management

FROM:

SUBJECT:

Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director

Request for Comments Water Use Permit Application Kahana Ground Water Management Area, Oahu

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this fonn bv July 30, 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person: _____________ _

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: __________________ __

Phone: _____ _

Date: ______ __

Page 53: 160B.77 11 10

, o o INTERESTED OTHERS LIST

Mr. David Martin Native Hawaiian Advisory Council 1088 Bishop St., Suite 1204 Honolulu, Hawaii 96813

Ms. Marjorie Ziegler Sierra Club Legal Defense Fund, Inc. 212 Merchant Street, Room 202 Honolulu, Hawaii 96813

Page 54: 160B.77 11 10

o _ State of R!V(a[ J VF n

DEPARTMENT OF LAND AND NATURAL'RESOURCES COMMISSION ON WAT~ 'i~SO»RCE MANAGEMENT

Hon01ttll1~a~aii All : (J 2 JUL, . , '9R~ TO: R[~~:: ,'ISqqfi f-"; W!; Tf f - ADMINISTRATOR

MEMORANDUM r .~;::~~::', '-- ASST ADMIN •

. - , :~r'! _ DEY. BR.

TO: Aquatic Resources Forestry and Wildlife Historic Preservation Land Management

_ PLANBR. -_ RES. MGT. BR. -_ PROJ. CONTROL -_ SW. REC. PLAN. -_ CLERICAL STAFF -_ ADMIN_ ASS'T. -- ARCHAEOLOGISTS

Natural Area Reserve System FOR: Office of Conservation and Environmental Affairs- CIRCULATE/POST

-- COMMENTS & REC. State Parks __ DRAFT REPLY Water and Land Development -___ FILE Other Interested Parties '--- FOLLOW UP

-. __ ._ INFO. - --- r:lJSH (DUE __ .... ~

FROM: Rae M. Loui, Deputy Director - S'E ME --- ,S'ND COpy TO' ___ _

SUBJECT: Request for Comments Water Use Permit Application Kahana Ground Water Management Area, Oahu

Transmitted for your review and comment is a copy of a water use permit application for Gentaro Ota for Well No. 3453-03. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this form by July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person: .~l& LVI N I.f.ttE N) We have no comments r) We have no objections ( ) Comments attached ( ) Additio I info ation requested ( ) Extended requeste

Signed:~~-4~ __________________________ __

Phone: S~,2 0 l. fv

Date:

Page 55: 160B.77 11 10

o o ,

Page 56: 160B.77 11 10

o o State of Hawaii _-<:'."1, ~:.~

• j ",.1

COMMISSION ON WATER RESOURCE MANAGEMENT Department of land and Natural Resourc~s: " ;;."

"

.. ~. , \ \ ,)

APPLICATION FOR WATER USE PERMIT ." 'l'

':> -,:, :.':'. "

)Q Ground Water or 0 Surface Water . ;;, .. '\'

In.tnletlon" Plea.e print in ink or type and .end completed application with attachmenta to the Commiaaion on Water Reaouree Management. P.O. Box 621. Honolulu. Hawaii 96809. Application muat be accompanied by a non·refundable filing fee of '25,00 payable to the Dept. of land and Natural Reaoureea. The Commillion may not accept Incomplete applicationa. For assistance. can the Regulation Branch at 587-0225 (neighbor lalandl, 1-800-468-46441.

PERMITTEE INFORMATION

1. (a) APPLICANT

Firm/Name _---"ao...2.>o::e~' N..17J~· ..",@-,-R~o,,---,()~'G..!..A.l!...-__ \';ontact "erson Ph·9l$Z-i'Of.3 Address 12/J, ~I1V SG. I ~ ta 9'61.3'0

(b) LANDOWNER OF SOURCE

Firm/Name _-=l~~~:::.;f:.L.L-r4~f(~O~..::O::::JUu~~ ____ ....,.-...,... Contact Person Ph.?Z$7-f04-.s Address ~. ~ .% I

7Qil4liWII Hr 9ZZ!o ~

SOURCE INFORMATION ( \:::::A1\~WA-.)

2. WATER MANAGEMENT AREA: . !kuc£/.{ I Qa:k-- ISLAND: Clt:t:.lc.<.. 3. (a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER: 3l.fS:S -03 D!& Will

(bl PROPOSE!:} (Nf_W~ WELL/DIVERSION NAME: -~&~'4~e..:""---;--~-r---------:---:=--:~= (el LOCATIOr-t:·~d~~Jr~:LAUtf'ldAIZt2 SFCrvl€fLt 4lrt~t1qL..<. Tax Map Key S .tJ3.0S-;-oe (Attach a USGS map, scale 1" = 2000', and a property tax map showing 'ource location 7efarenced to established property boundaries.)

4. SOURCE TYPE (check ona): 0 Stream 0 Basal 0 Dike-confined 0 Perchad uq Caprock

5. METHOD OF TAKING WATER (check one): ~ Artesilin DWell &. Pump 0 Diverted Surface o Other (explain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possible, show on same maps a8 source location. Otherwise, attach similar mapsl

(a) Proposed use of water is: ~ Exi$ting 0 New 0 Both existing &. new uses (b) Tax Map Key: t:" .".3 . 0$: Op If location of use is over multiple TMKs, please complate Table 1 on back of application) (c) Address:' )

(d) Current land Use District (check one): 0 Urban ~ Agriculture 0 Conservation 0 Rural (a) Current County Zoning Code: a -4 ~j=;c.ul.~ rl

~"c.""~ - ~ UUAI"'-l IITY OF WATER REQUE~n:u: ce~ ;loa 0 gailons per day 7.

8. METHOD OF MEASUREMENT: 0 Flowmater 14 Open-pipe OWeir o Orifice o Othar (explain)

9. QUALITY OF WATER REQUESTED: ~ Fresh o Brackish o Salt o Potable o Non-Potable

10. PROPOSED USE: 0 Municipal (including hotels, stores, etc.)

o Industrial

o Individual Doml!stic

o Military

~ Irrigation

o Other (~xplain)

11. 12.

13.

For questions 12 & 13: If multipla TMKs are involved, please complate Table 1 on back o~pPIiC?n.

TOTAL NUMBER OF RESIDENCES TO BE SERVED: -:: /¥..I1.nI£:. f-j

TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ;'J: :&tJ14'J4l.:'" vecettt.hltfr ;Iv (acres) ".. . (crop) #d J;;.. (...'1' e..

PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: -':~:::':"!"':"":""'='~o::!.-~IiI~<r!....:!-(':f-;)-J------­(daytime hour::b'i opel~on, ex. 7 8.m. to 2 p.m.)

, i IlIhlh' Ii £,I-J= .. U; tiE.su_a. NOTl: Signing ""ow Indica .... hatthe "pplie..,. "'-"onde .NIt. " ............... mi. ie Otanted by the CommMeion on Wat ........ 08 Maneoemont. a ..... mit ie ~.o prior .xialing

pe,mil1ad ...... enang .. In _.oi~ yieldol end nit ...... now atendwclo. ,_ved ...... dell'*' by tho C ......... on. end H_ailan Home Landi fuIure..... In Iddltlon. applieD

und ..... nd. 'haI. upon _mit _ovel. a .... ar ah«._ pi.., mual .,. oubmil1ed ohoUd the Commioelon ,eq"'a -.

Applicant (~O :m Signature ~ Date ~L-?J.,O- 7'- 3

For Official Use Only:

Landowner (print) G£t1IrBRO cJr;19. Signature ~.b""":'-:::::S /?k:, Date ,.,.--:--ao -13

'. ~ . " .... ~ .. ~ \: .. , Date Received _____ _ Hydrologic Unit No. ____ _ Diversion Works No. ______ _

~tAt .. WAil No.

Page 57: 160B.77 11 10

:-

'" :; ,,-It

'" It :::: . ~.~

-c..,::~~t-

-'

.1\ ..... -.... .~ I : ... ../ . . ~ .. . ..--.--

Page 58: 160B.77 11 10

o

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-----------

.. • • ..

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f .•• :a rso I Ir

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I •••

' ... -

L~" -:-:

______ 1

~. 0>. =====.------- / I ~~'-.:

Page 59: 160B.77 11 10

,r.' ..

~-, ... -~

A;ppl!cadons for t J:Uad. publ!c. J:n. accord Rul •• :1.3-:1.7:1., ''D~.

or.a 'W'a11 ~eJ1 No. 3453 Appl!sant: GenbU"O

P.O. Box 1Caaa-.

~

~~- ~~\ Appllcat:iona f'or 'Water U •• Pennit , nJ\. Qwund 'WaC§: Mcm"acment; Ar... 'I(' \t.

f'ollo-"v!:n.S "",atar' u ••.. ptll!Z'D1its have bean received an.d ara hereby (jv (!'w...Q. ko -with Departsne2'1t of' Land and Natural R.I!!Isourc.s Adudniatradve and ResuJ,adon of' 'W.ter Manaaeznent Ar...... ~;.. rJJ.QJ

~) ( 3V~" 0-21

(znora)

TRANSMISSION REPORT

THIS DOCUMENT' WAS SENT

** # COUNT ** 3

(REDUCED SAMPLE ABOVE)

*** SEND *** ~~o REMOTE STATION 1. D. START TIME DURATION #PAGES COMMENT

I 1 808 5257449 6-25-93 3:47PM l' 55" :i L

TOTAL 0:01'55" 3 XEROX TELECOPIER 7020

~------------------------".

Page 60: 160B.77 11 10

PUBI.JC NOTICE

Applications for Water Use Pennit Ground Water Management Areas

Q

Applications for the following water use pennits have been received and are hereby made public, in accordance with Department of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas".

LW Holt Well (Well No. 3654-02) Applicant: Lemon W. Holt

3789 Kumulani Place Honolulu, HI 96822

Date Completed Application Received: June 14, 1993 Aguifer: Koolauloa System, Windward Sector, Oahu Well Source: LW Holt Well, Well No. 3654-02, 53-007 Halai PI. Hauula, Oahu at Tax Map Key: 5-3-15:25 Quantity Reguested: 1,600 gallons per day Existing Water Use: Irrigation of 1 acre of coconut trees Place of Water Use: 53-007 Halai Place Hauula, HI 96717 at Tax Map Key: 5-3-15:25

Ota Well (Well No. 3453-03) Applicant: Gentaro Ota

P.O. Box 561 Kaaawa, HI 96730

Date Completed Application Received: June 14, 1993 Aguifer: Kahana System, Windward Sector, Oahu Well Source: Ota Well, Well No. 3453-03, Punaluu, Oahu at Tax Map Key: 5-3-5:6 Quantity Requested: 6,000 gallons per day Existing Water Use: Irrigation of 2 acres of bananas & vegetables Place of Water Use: Punaluu at Tax Map Key: 5-3-5:6

Puelelu Well (Well No. 0546-02) Applicant: Kainalu Ranch

Star Route Box 320 Kaunakakai, HI 96748

Date Completed Application Received: June 9, 1993 Aguifer: Waialua System, Southeast Sector, Molokai Well Source: Puelelu Well, Well No. 0546-02, Kainalu Ranch, Molokai at Tax Map Key: 5-7-3:62 Quantity Reguested: 200,000 gallons per day New Water Use: Domestic use for future 1 to 5 units; irrigation of 200 acres of fruits, vegetables, and flowers Place of Water Use: Kainalu Ranch at Tax Map Key: 5-7-3:62

(more)

~~-----------------------------------~

Page 61: 160B.77 11 10

-.. o o Written objections or comments on the applications for water use permits may be filed

by any person who has property interest in any land within the hydrologic unit of the source of water supply, any person who will be directly and .immediately affected by the proposed water use, or any other interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; and (3) state all grounds for objections to the proposed permits. Send written objections by July 30, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809, and 2) a copy of the objection letter(s) to the applicant at the above address.

Dated: JUN 25 1993

COMMISSION ON WATER RESOURCE MANAGEMENT

E M. LOur

KEITH W. AHUE Chairperson

Publish in: Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993

Page 62: 160B.77 11 10

, .. STATE OF HAWAII

REQUISITION &'P~HASE ORDER

DEPARTMENT OF- LAND AND tuNAAl RESOURCES CWRM ORGANIZATION FUNCTION AND ACTIVITY

NOTICE TO VENDORS Conditions of purchase are listed on the back side of this purchase order. Please read carefully. Payments may be delayed if all steps are not followed.

Hawaii Newspaper Agency Honolulu Star Bulletin

P.O. Box 3350

Honolulu, HI 96801 Attn: Legal Ad The State 01 Hawaii is an EQUAL EMPLOYMENT OPPORTUNITY and AFFIRMATIVE ACTION employer. We encourage the participation of women and minorities In all phases of employment. .

; .• pUAN. UNIT DESCRIPTION

PUBLIC NOTICE

Applications for Water Use Permit Ground Water Management Areas

tp. ".QCHASE C35437 ,()~NO_, ____________ ~ __ ~ 062593 Date _______________ _

Deliver Before ____________ _

DELIVERY ADDRESS COMMISSION ON WATER RESOURCE MANAGEMEi i i Department of land and Natural Resources 1151 Punchbowl Street; Room 227 Honolulu, Hawaii 96813

BILLING ADDRESS

COMMISSION ON WATER RESOURCE MANAGEMEHi P. O. Box 621 Honolulu, HawaD 96809

OBJECT UNIT PRICE AMOpNT

750.00

Publish in issues of July 9, 1993 & July 16, 1993

V/ -fT( fi. I ((/\~ ~'\_v~ _ u_ 587-0225 \ TELEPHONE

GO ORDER AND CONDITION BY DATE

VOUCHER NUMBER

AUTHENTICATR BY~ )

lA.--=---~~~----~-~---, A. FURUUCHI

AUTHORIZED SIGNATURE I . ______________ F_O_R_D_E_PA_R_T_M_E_N_T_U_S_E_O_N_L_y ________________ _

VENDOR NUMBER SFX

XXXXXXXXXX XX 00

SFX TC F VR APP 0 OBJECT CC

XX XXX X XX XXX XX XXXX XXXX

750 100

I I I : I I I

COPY #1 - VENDOR

ACTUAL COST M R OPT DEPT DATA

XXXXXXXXXXXIXXX X XXXXXXXXXX I I I I t

I I I

STATE ACCOUNTING FORM C-03 JULY I, 1983 (REVISED)

Page 63: 160B.77 11 10

JOHN WAIHEE

GOVERNOR OF HAWAII

Mr. Gentaro Ota P.O. Box 561 Kaaawa, HI 96730

Dear Mr. Ota:

o Q

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT

P. 0, BOX 621

HONOLULU. HAWAII 96809

Jl}l 22 1993

Application for a Water Use Permit Kahana Ground Water Management Area. Oahu

KEITH W. AHUE

CHAIRPERSON

JOHN C. '[EWIN. M.D. ROBERT S. NAKATA

RICHARD H. COX. P.E. GUY K. FUJIMURA

J. DOUGLAS ING. ESQ.

RAE M. LOUI. P.E.

DEPUTY

We acknowledge receipt, on June 4, 1993, of your completed water use permit application for the Ota Well (Well No. 3453-03). You can expect your application to be processed within ninety (90) days from the date of receipt unless there are objections to your application.

We will be sending you a copy of the public notice for your application and any further information regarding the status of your application. In addition, we may need to visit and verify your proposed water source and use sites if we have not done so already under our registration program.

If you have any questions, please contact Roy Hardy at 587-0274.

Sincerely,

Deputy Director

LN:ky

Page 64: 160B.77 11 10

o '& ~ State of Hawaii ..p 0., ~ '\ ~') COMMISSION ON WATER RESOURCE ~AGEltENT ";_ Department of Land and Natural Resourc~"i»l S' -

\~~;:;\<;:::, -0 ':0 c-3

o

APPLICATION FOR WATER USE PERMIT ••

~ Ground Water or o Surface Water Inatructlona: PIe .. e print in Ink or type and und completed application with attachmente to the Commieelon on Water Reeource Management. P.O. Box 621. Honolulu. Hawaii 96809. Application muat be accompanied by a non-refundable filing fee of U5.00 payable to the Dept. of Land and Natural Reeourcee. The Commiaeion may not accept Incomplete applicatione. For a .. iatance. call the Regulation Branch at 587-0225 (neighbor lelande. 1-800-468-4644'.

PERMITTEE INFORMATION

1. (a) APPLICANT (b) LANDOWNER OF SOURCE

Firm/Nama _--",G:I..!e..::..:...lN.~Tt..&.:i9::.J1RUIO"_--,o~r;.:...;q,,--__ . \';ontact Parson pb·.gsz=iOf3 Addrass --Jjfi~~~61~ .... ~~..:S!..;=;'" ..... rt"-?--6""'Z""'3'r-:::O­it£.

Firm/Nama _.::j~~~::.;I{;;.LnL,.;'4~f(-.::()~.:::O:;.aU"":;~~ __ :::----::=-.::r:

Contact Parson -=-~-=-_-::::~--:-___ .. P",tu22.S~I:,j"'I...-...:f! ... 64:.;;;....:!",,~ Addrass .~Sjj 96730 ,

SOURCE INFORMATION

2. 3.

(b) PROPOSEq.(N~~~ WELL/DIVERSION NAME: (e) LOCATIO~'!mJ~" . Tax Map Kay S" _tSS."~06 (Attach a USGS map. scala 1" - 2000'. and a prop arty tax map showing ourcalocation afaranced to astablished proparty boundarias.)

4. SOURCE TYPE (chack ona): 0 Straam 0 Basal ODike-confinad 0 Parched ~ Caprock

5. METHOD OF TAKING WATER (chack ona):)11 Artasii" 0 Wall & Pump 0 Divartad Surface 0 Othar (axplain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possibla. show on same map. as source location. Otherwise. attach similar maps)

(a) Proposad use of water is: kr ExiJting 0 New 0 Both existing" new use.

7.

(b) Tax Map Key: ('" ·"3 . "CCp If location of use i. over multiple TMKs. please complete Table 1 on back of application)

(c) Addrass: --t.~~~.I..J~L.o-Ld.:6.4~~-------------------------

(d) Currant Land Usa District (chack ona): 0 Urban ~ AQriculture (a) Currant County Zoning Code: :z -8 ¥,u.lf,vrl.-,.

QUAN flTY OF WATER REQUE~lt~ ....... - ~;JOO 0

o Consarvation o Rural

gailons per day

8. METHOD OF MEASUREMENT: 0 Aowmetar 14 Opan-pipe OWair o Orifice o Other (explain)

9. QUALITY OF WATER REQUESTED: ~Frash o Brackish o Salt o Potable o Non-Potable

10. PROPOSED USE: 0 Municipal (including hotals. stores. etc.)

o Industrial-

o Individual Domastic

o Military

~ Irrigation

o Other (axplain)

11. 12.

13.

. For quastions 12 "'3: If multipla TMKs ara involved. plaase complata Table 1 on back of apPIiC?n.

TOTAL NUMBER OF RESIDENCES TO BE SERVED: -: I!/.Il.o/£.. TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ;;: $MA4-Vea,fJ;,I,

k(acras) ...... (crop) ~~ VJ'~ PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: --';t::;;..;...._5~.~IYL;:~_,..'""'i''f.f-l;)f--______ ----

(daytime hOurs"bi opJrion. ex. 7 a.m. to 2 p.m.)

14. APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Sustainable yield (7): __ ~'~4n.a;.lolCIioo-'<:-'<:" _______________ _

(b) Instream Flow Standards affected (7): __ -''''~4.&JtLJ ___ F _______________ _

(c) Hawaiian Home Lands use affected (7)-' ---'64(~#~tnr:L..lCi .. ------------------

(d) Other existing legal uses affected (7): N:.", • (e) Other (pending permits, EIS, etc.)(7): --4R~;it ..... : .. :-------------------

15. REMARKS,EXPLANA~ONS: ~~~~~R~-~~~~~~~~~~~~~~~~~~~

NOTI: Signing IMIow ___ tNt the appIIunt .......... tNt, II • w_ ~ permit ia ...... -, the C---.. en w_ ........ M ............ permit ia ..... 1. pr;. ...... pennittecl .... c:n.no- In _ ...... ylelda end ntre.n flow atend", .-vecI .... cWIned -, the CommIaaIen. end H_aIIan H_ Lenda ~.... In eddItIon, oppIicera

.......... tNt. upon permit _ ....... w8lW ~ pion ...... lie ~ ehaUoIthe c .................... _.

Landowner (print) GedltBRa <JrlB Signature ::Ji:;f? ¢T-Date t -

Signature~~4~!:jflI!~£..~~£.----Date ___ ~~~_~~ __________ __

. For Official Usa Only: ... ".. ,,#"'\...a.. ~"t: -.,' .. Date Racaived _____ _ Hydrologic Unit No. ____ _ Divarsion Works No. ______ _

Date Accaptad _____ _ Stata Wen No. ______ _

4113/93 WUPA Form

Page 65: 160B.77 11 10

16. REMARKS, EXPLANATIONS (cont'd): ;1- "ere s '1= 6 .. 4""f!-=

/.,;-, I

~ L s;:-

~

TABLE 1. MULTIPLE TMKs TO USE REQUESTED WATER .1.> .&1-- _ _ ,'. , ....

ii'l ....

., Q o

Page 66: 160B.77 11 10

o

Makatl/ Point

o

Page 67: 160B.77 11 10

o o

------------------~~ -

-

Page 68: 160B.77 11 10

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. ' .

. .,. ;

~ .. ....,... .......

• ,. -.. ., • ~ .. ... "

"., .. ~ ....... ..... ; ..... .-.

;;

• "-

.... .:-

J:.

.': .

Page 69: 160B.77 11 10

.:

, \

. '.

.. -i. :-

-...

... . .

~. _ ........ . ~_ .. _10.-... __ .. ....

--

.C'1"a....-... .. -.-. __ a. .... a. .ftftII

"'I'A~""t.D

--------':'OPCCUrMIC li'U ......

ISLAND OF OAHU I ••• &.GLD' ca •• '1''' .....

, ,.

o

,. " I'

"

- '.

....._-,--'-'-

Page 70: 160B.77 11 10

o

GENTARO OTA 575-16-9771 53370A PUNALUU, BOX 561 237-8043

KAAAWA, HI 96730

o

fYV~~,4Uif¢4nr:/r~'RRrorcc:s I $QS:'CO -~k1Zj 2,'iI£,. d 0%" rulnrs

KANEOHE OFFICE

PleftEER fEDERAL SflIJII1<iS BfIIII'i

KANEOHE, HAWAII 96744 )_ ~ 45-1117 KAMEHAMEHA HWY. ~ @~

.,M17IIO ~ ~

·

Page 71: 160B.77 11 10

!. STATE OF HAWAII -0 DEP~ENT OF LAND AND NATURAL RESO'bnCES COMMISSION ON WATER RESOURCE MANAGEMENT

P.o. BOX 621 HONOLULU, HAWAII 96809

DECLARANT (File Reference) __ ..,:O;..:T.:.:,A..,:G:.....-________ _ DATE 3/25/91

PRESENT Gentaro Ota (declarant); Neal FUjii and Anne Okamura (field team)

LOCATION Puna1uu, 1MK # 5 3 5:6

SOURCE(S) Well 3453-03 (G. Ota / Puna1uu Artesian Well)

1JSE(S) Irrigation of approximately 0.25 acre of taro and yard; drinking

FIELD NOTES Field inspection lasted from 11:40 AM to 12:00 noon. Weather was sunny, but it

had stormed the previous week. Mr. Ota has an artesian well which is 10" in diameter. At the

time that the well was constructed (approximately 25 years ago), there was a static head of 21 feet

on the well. Mr. Ota approximates the head to be 10 feet now. Four different lines, each with a

separate valve, are attached to the well. A 6" pipe was used to supply a commercial aquaculture

operation. This operation was discontinued in 1984. Water from a 2" hose was used for irrigation

of watercress up until 1984. Water from a 1.5" hose is currently being used for irrigation of a small

taro patch, watering a yard, and for drinking at one sink. Water flows continuously from a 1.25"

hose into a small ditch lined with watercress to supply the taro patch. A flow from the well of 1.5

MGD was measured when the well was being used for commercial purposes. Runoff water flows

into an old plantation drainage ditch.

1 of - 1 page __ _

Page 72: 160B.77 11 10

"

WATER USE PERMIT NO. 219

This report has been prepared in accordance with 13-171-22(b) of the Hawaii Revised Statutes

requiring a 20-year review of issued water use permits to determine permit compliance.

Following is a summary of permit information, site characteristics, methodology, findings, and

recommendations for this State permit file.

Permit Information

Water User:

Landowner of Source:

Permitted Withdrawal Rate:

Water Management Area:

Island:

Aquifer Sector/System:

System Sustainable Yield:

Water Type:

Original CWRM Date:

Standard Conditions:

Special Conditions:

Water Source

State Well Number(s):

Well Name:

Water Source TMK Number(s):

State Land Use Classification(s):

County Zoning Classification(s):

Geographical Coordinates:

End Use

End Use TMK Number(s):

State Land Use Classification(s):

County Zoning Classification(s):

Gentaro Ota P.O. Box 561 Kaaawa, HI 96730

Gentaro Ota P.O. Box 561 Kaaawa, HI 96730

0.006 mgd (Based upon a 12-month moving average)

Koolauloa

Oahu

Windward/Koolauloa

35mgd

Fresh

September 1 st, 1993

1-11, 13-14, 16,20-23

None

3453-03

Ota

1 st Division, 5-3-005:006

Agriculture

AG-2

Latitude 21 0 34' 45.8" North Longitude 1570 53' 21.6" West

1 st Division, 5-3-005:006

Agriculture

AG-2

1 BROWN AND CALDWELL Summary Report for Water Use Permit No. 219

Page 73: 160B.77 11 10

o Beneficial Use Explanation:

Background Information

o

Currendy uses water for Furo (Japanese Bath Tub)

and wash driveway

State Well No. 3453-03 is governed by Water Use Permit 219 and was originally drilled in the

early 1960's. There are no water use records on file for this well for at least the past four years.

Water Use Permit 219 was approved during the September 1st, 1993 Commission on Water

Resource Management meeting. This water source has been in use for at least 15 years by Mr.

Gentaro Ota. Standard conditions 1-11, 13-14, 16,20-23 are the governing conditions for this

water use permit. A complete list of all standard and special conditions is given in the final

summary report to the Legislature for this 20-year Water Use Permit Review.

Field Investigation Information

Contact:

Site Address:

Gentaro Ota

53-370A Kamehameha Hwy

Kaaawa, HI 96730

Brown and Caldwell conducted a field investigation on May 5th, 2008 from 12:00 p.m. until 1:30

p.m. with Mr. Gentaro Ota. During this time, type of water usage was verified, GPS coordinates

of well head(s) were recorded, and functionality were documented, and property TMK

information was verified. The wellhead, its related appurtenances, and water usage area were

visually inspected to assess compliance with permit conditions. Visual inspection of water

loss/waste was limited to outdoor areas within the usage boundary. Reference the TMK and

GIS maps in the permit file for a visual representation of the site.

Summary of Findings for Water Use Permit No. 219

State Well No. 3453-03 is located on TMK parcel (1) 5-3-005:006 at 21 0 34' 45.8" N, 1570 53'

21.6" W, with a real time accuracy of ±18 feet. Water is drawn from the artesian well (approx

head 8' high to 4' low of water) and sent to a small 350 gallon Furo (Japanese bath tub) once

every two months to change out the water. There is also is another oudet that is hooked up to a

pressure washer that is used to pressure wash and clean the permittees driveway. Reference the

Appendix for photographs of the previously described system components.

Based upon visual inspection of the system, all components appear to be in full working order.

Water is being used within the permitted TMK boundaries. There is no flowmeter installed and

no water use reporting records on file. The permittee believes that he is exempt from reporting

2 BROWN AND CALDWELL Summary Report for Water Use Permit No. 219

Page 74: 160B.77 11 10

o o

under HAR §13-168-7, which governs measuring and reporting monthly water use. However,

the Water Use Permit conditions specifically state that a flowmeter must be installed and

reporting sent to the Commission on a yearly basis. In addition, the permittee's beneficial use

description states that the water is to be used for agricultural irrigation purposes. Since the water

is clearly being utilized for purposes other than agriculture, it is evident that the permittee is in

violation of their original beneficial use declaration.

The following are a list of standard condition(s) that the permittee is found to be in non­

compliance with:

(1) The water described in this water use permit may only be taken from the location described and used for the reasonable beneficial use described at the location described above. Reasonable beneficial uses means "the use of water in such a quantity as is necessary for economic and efficient utilization, which is both reasonable and consistent with State and County land use plans and the public interest." (HRS § 174C-3).

(10) An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance with the Commission's September 16, 1992 action on reporting requirements.

Since there are no monthly water use or salinity reports being submitted to the Commission, the permittee

is found to be in violation of Standard Condition (10). Since water from the well is being used for purposes

other than what was originally permitted for beneficial end use, the permittee is found to be in violation of

Standard Condition (1).

Recommendations

• Address the following discrepancies between the Commission's electronic database and

actual field investigation findings:

o Beneficial use description

• Address violation of Standard Condition (10) regarding non-reporting of water use and

salinity levels

• Address violation of Standard Condition (1) regarding beneficial water use for purposes

other than originally stated

3 BROWN AND CALDWELL Summary Report for Water Use Permit No. 219

Page 75: 160B.77 11 10

o o

20-Year Water Use Permit Review Water Use Permit No. 219

APPENDIX

Field Investigation Photographs

4 BROWN AND CALDWELL Summary Reportfor Water Use Permit No. 219

Page 76: 160B.77 11 10

o o

Figure 1 - State Well No. 3453-03

Figure 2 - Furo (Japanese Bath Tub) 350 gallons

5 BROWN AND CALDWELL Summary Report for Water Use Permit No. 219

Page 77: 160B.77 11 10

o 0

1 TI:4

Figure 3 - Pressure Washer Pump to wash driveway

6 BROWN AND CALDWELL Summary Reportfor Water Use Permit No. 219

Page 78: 160B.77 11 10

o e

Figure 4 - Pump & water hose to wash driveway

7 BROWN AND CALDWELL Summary Beportfor Water Use Permit No. 219

Page 79: 160B.77 11 10

o ater Use Permit Surve

o (Pie ,e complete one survey form for each WUP) "-

{ '3L-\~~_oj Well Number(s): - #e 10 r-Ihe At.<.? ~a 5 / /1 j) t:t ~ , ,

(Z\O\ ') WUP Number: ___ -_____ _

Contact Information (of the person who will be present at site visit):

Name: (i~ A/va &0 QTA Phone (for phone interview): <60 g - Z 1:' 7 8"0 <;t3 Fu: ___________________ _

Email: ____________________________________________ _

Best time to reach for phone interview: __ /..::;.,2---'~'_D_· O_A=-..::.....;n---> _________________________ _

Property Information (of the water use/well location) : / ,--, /)

Address: 5".3..> lOA- K"tL#7 ,tf~j' ...-,Vt(I?~ut(..>_ • City: ZiP.:-: -,~~~£,7f-=3-==C)=----------Well Location TMK (list all if multiple wells present):_~A~z....~d<:LJl!",.:L.A""·IU!:::' "'V<--=:::...----:-.,.G~~'_ _____ _;;:__-----------Water Use TMK (list all if used on multiple lots): 8,pht~e/ J,;' e...e- /911,#

Water Use/Well Information:

Is the water source currently in use?

If no, please explain: en 4 D

What are you currently using the water for? (example: "Use for 45 acres of diversified agriculture and 3 residences"): __________ _

AII!!£/~nc.e Use

Is a flow meter installed and working properly? Yes D No

If no, please explain: /Ja-i /tee.de£ wkn w.e.// U/q,S c/4S'

Do you submit monthly water use reports to the State? Yes D No

If no, please explain: dar; ne S Se ~aft ~

Field Investigations:

A representative from Brown and Caldwell will be visiting wells in your area over the next several months between the times of 9:00 am and 5:00 pm. Each site investigation will take approximately 1-2 hours. Please indicate up to three potential days of the week and availability times for an on-site inspection of the well location and verification of water use compliance. The permit holder must provide Brown and Caldwell with at least five (5) working days notice of the need to reschedule.

Option #1 Date (M-F): 3 -/.5 -Or! Time: 9:00am D 12:00 pm g 3:00pm D Option #2 Date (M-F): Time: 9:00am D 12:00 pm D 3:00pm D Option #3 Date (M-F): Time: 9:00 am D 12:00 pm D 3:00pm D

Once this survey is returned, a Brown and Caldwell representative will be contacting you to conduct a phone interview and finalize the exact date and time of your field investigation. Please fax/mail completed surveys by March Sth, 2008 and direct any questions related to this survey to Mr. Milo Smith of Brown and Caldwell at:

1099 Alakea Street, Suite #2400 B:onolulu, HI 96813 'el: (808) 203-2661 uc (808) 533-0226 [email protected]

3/ ~ /<.::>'b 'ed: 2}pJSr t"%

For Official Use Only

Information Updated:_-''O:.L.1_2_'_I_o_''i':>:::..-__ ':::

Phone Interview Complete:~_-""''--_~C5,s:C:O;;;r __ ;~ ~ommen~: ________________________________ ~~---~---,~

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\

o o Phone Interview

WUPNumber: z.\~ Well Number(s): 3'-\~~-c>~

Contact Name: GeC\-\--o-ro 0-\----0. Phone Number: 2 "",::>(-"b0~5

Attempt #1: DateITime: Result _________________ _

Attempt #2: DateITime: Result _________________ _

Well Location TMK(S): __ S_':--~_,._o_o__:S=_·.-\l-C4------------------------WaterUseTMK(s): __ --=5_·-_.,,~-_()_v_:::._'_, i)_O_~ ______________________ _

Water Source Address:_S ___ ?-=_·_~...:::::..~_O _ __'_A_'__-'~'--"'-'--=_'_n._"'o-"'_'_!.'I"V'J2_=_="__'_h_'o.O\"'_'__~--+_·'--___________ _

City: p 'C>@'j 5 ~'O: O\.~o. Zip Code:_C\_G_'_~_O-=-________ _

Currently using water source? Yes t8l No D Notes/Comments: _____________________________________ _

How often is the wateJ source being used? Daily D Weekly D Monthly.lt) Notes/Comments:_~~:..:.::.-~...!...=.~==----___:_---__..____----------------------

- ()t\AL tv......, 1wo fll'\Ot\~

How long have you been using this water source?:_-t' ...... ________________________ _

Has there been any rezoning of the water source/water use properties? Yes D No ~ Have you reported the rezoning to the State? Yes D No D N/A Q.. If no, explain: ______________________________________ _

5"f "')' 'b i·"t..\QO Scheduled field investigation day/time: ____ '_-'--o_· _______________________ _

Notes (Special directions, site conditions, potential hazards, general notes, etc.): _______________ _

Comments To Make:

Although we prefer that you do not change your scheduled field investigation time, if you require a reschedule, you must provide Brown and Caldwell with at least five (5) working days notice of the need to reschedule. A representative from Brown & Caldwell will be making a reminder phone call to you sometime during the week prior to your scheduled field investigation. It is very important that you provide access to the site at the day and time agreed upon. Due to a very tight schedule, if you fail to provide access at the agreed upon time and/or do not reschedule with at least a five (5) working day notice, a makeup date will not be allowed. If for some reason you don't know where your well head is located, it would be a good idea to locate it prior to your field investigation to help make the visit go quickly and smoothly.

Interviewed BY: __ '?-=_:1' ____________ _ Date:_~-+-[ ~-+I-=---.d_ '1 \ co-' Time: _______ _

.

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o o Field Investigation Checklist

WUP Number:._--=z.=-\.!...C\ _____ _ Well Number(s): '"3i.-\"':;> ~ - o~

Water Source Well Location TMK(S): __ S_-_'?_-_o_, _0_5_"_, _ErO_>... ____ ---;-__ ----;:_~------__::;_-._-_.:____'._ Well Head GPS Coor~inates: Latitude:_"t..::::....:'~o_~-=--"1'~1 _=1,Wu...::~.~.:o::.-iA_t0 Longitude 1 51

0 S ~' z,L b L< W

Well Type: d-1l4 . ~ ctyh"'- ::t I~' I

No D Currently using water source? " , Yes ~ Notes/Comments:. ___ ~=",,--=~.::-=:..=..=.. ___________________________ _

Is there a flow meter installed? Is the flow meter operational

Yes Yes

D D

No No

Notes/Comments: ___________________________________ _

Water Use Water Use TMK(s): __________________________________ _

What is the water being used for?_..:..;~:.......: __ -hl~b=___=.h~ . .:...f..=O_'__if__-~.:....::;>:::.--~-,-~-=-.:....:...::=t------------

Is the water being used within the permitted boundaries? Yes No D If no, explain _____________________________________ _

Is there any observed wasting of water or water loss? Yes D No If no, explain _____________________________________ _

Are the permit conditions '\,ing cor with? \ Yes 1lJ. No If no, explain: V~....,4'.) A)'o,oc::o ~~ ~ ..... -

Other Photographs of: Water Source

Water Meter Usage Area PumpiMotor

General Notes/Comments:. ________________________________ _

Investigated BY: __ ~!...-\--=-__________ _ Date:_~~lL-'_5~1 ~:........-_ ~ ., :.."v Time:._---="' _____ _

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o Standard Conditions List

1. The water described in this water use permit may only be taken from the location described and used for the reasonable beneficial use described at the location described above. Reasonable beneficial uses means "the use of water in such a quantity as is necessary for economic and efficient utilization, which is both reasonable and consistent with State and County land use plans and the public interest." (HRS § 174C-3)

2. The right to use ground water is a shared use right.

3. The water use must at all times meet the requirements set forth in HRS § 174C-49(a), which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in HRS § 174C-3; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with State and County general plans and land use designations; f. Is consistent with County land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home

Lands as provided in Section 221 of the Hawaiian Homes Commission Act and HRS § 174C-101(a).

4. The ground-water use here must not interfere with surface or other ground-water rights or reservations.

5. The ground-water use here must not interfere with interim or permanent instream flow standards. If it does, then:

a. A separate water use permit for surface water must be obtained in the case an area is also designated as a surface water management area;

b. The interim or permanent instream flow standard, as applicable, must be amended.

6. The water use authorized here is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and submittal, as amended, approved by the Commission at its <Insert Date>meeting are incorporated into this permit by reference.

8. Any modification of the permit terms, conditions, or uses may only be made with the express written consent of the Commission.

Variations of Standard Condition (8) are as follows: 1. Modification of any permit condition shall be approved by the Commission.

Modification of any permit condition without notification may result in the revocation of the water use permit.

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o o

9. This permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced .if the Commission determines it is necessary to:

a. Protect the water sources (quantity or quality); b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as

of June, 1987 shall be protected; f. Meet legal obligations to the Department of Hawaiian Home Lands, if

applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commission's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard

10. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis (attached).

Variations of Standard Condition (10) are as follows: 1. The applicant shall keep monthly pump age estimates to be submitted

annually to the Commission. 11. An approved flowmeter(s) need not be installed to measure monthly

withdrawals and a monthly record of withdrawals, s.alinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a yearly basis (attached).

111. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance with the Commission's September 16, 1992 action on reporting requirements.

1V. Approved flowmeters must be installed to measure monthly withdrawals and a monthly record of withdrawals must be kept and reported to the Commission on Water Resource Management on a monthly basis.

v. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a quarterly /yearly basis (attached).

Vl. An approved flowmeter shall be installed to measure water withdrawls V11. An approved flowmeter(s) must be installed to measure withdrawals; and a

record of the withdrawals must be kept and reported to the Deparment of

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o o Land and Natural Resources, Division of Water and Land Development, P.O. Box 373, Honolulu, HI 96809, on a monthly basis.

Vlll. Although not stated as a condition of the permit § 13-168-7 HAR requires you to keep a record of your monthly total pump age, water level, salinity, and water temperature. This information must be submitted to the Commission on a regular monthly basis using the enclosed water use report form.

IX. An approved flowmeter shall be installed and the withdrawal from Well 1851-73 shall be recorded and reported to DLNR on a monthly basis by the owner and/or operator of the well.

x. The withdrawals from these wells shall be recorded and reported to the DLNR on a monthly basis by the BWS.

Xl. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting water usage on a monthly basis.

xu. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission.

Xlll. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission along with water level and salinity measurements.

11. This permit shall be subject to the Commission's periodic review of the <Aquifer> Aquifer System's sustainable yield. The amount of water authorized by this permit may be reduced by the Commission if the sustainable yield of the <Aquifer> Aquifer System, or relevant modified aquifer(s), is reduced.

12. A permit may be transferred, in whole or in part, from the permittee to another, if: a. The conditions of use of the permit, including, but not limited to, place,

quantity, and purpose of use, remain the same; and b. The Commission is informed of the transfer within ninety days.

Failure to inform the department of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer, which involves a change in any condition of the permit, including a change in use covered in HRS § 174C-57, is also invalid and constitutes a ground for revocation.

13. The uses(s) authorized by law and by this permit do not constitute ownership rights.

14. The permittee shall request modification of the permit as necessary to comply with all applicable laws, rules, and ordinances that will affect the permittee's water use.

15. The permittee understands that under HRS § 174C-58(4), that partial or total nonuse, for reasons other than conservations, of the water allowed by this permit for a period of four (4) continuous years or more may result in a permanent revocation as to the amount of water not in use. The Commission and the permittee may enter

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o o into a written agreement that, for reasons satisfactory to the Commission, any period of nonuse may not apply towards the four-year period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section HRS § 174C-62 shall not apply towards the four-year period or forfeiture.

16. The permittee shall prepare and submit a water shortage plan within 30 days of the issuance of this permit as required by HAR § 13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the <Aquifer>Ground-Water Management Area.

17. The water use permit shall be subject to the Commission's establishment of instream standards and policies relating to the Stream Protection and Management (SP AM) program, as well as legislative mandates to protect stream resources.

18. The permittee understands that any willful violation of any of the above conditions or any provisions of HRS § 174C or HAR § 13-171 may result in the suspension or revocation of this permit.

19. Special conditions in the attached cover transmittal letter or attached exhibits are incorporated herein by reference.

20. If the ground-water source does not presently exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twenty­four (24) months from the date the water use permit is approved.

Variations of Standard Condition (20) are as follows: 1. The permit may be revoked if work is not started within six months of the

date of issuance or if work is suspended or abandoned for six months. The work proposed in the permit application shall be completed within two years from the date of permit issuance.

21. This permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HRS § 174C-59 and the requirements of Chapter 174C, the Commission on Water Resource Management has the authority to allow the transfer of the permit and the use rights granted by this permit in a manner consistent with HRS § 174C-59. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

22. The water use permit granted shall be an interim water use permit, pursuant to HRS § 174C-50. The final determination of the water use quantity shall be made within five (5) years of the filing of the application to continue the existing use.

23. The water use permit shall be issued only after agricultural review.

24. That scheduled adjustments to Oahu Sugar Co. permitted use shall be initiated upon discontinuance of agricultural uses.

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o

25. The issuance of this permit was approved by the Commission on Water Resource Management at its meeting on <Insert Date>.

26. The permit shall be subject to the review by the Attorney General.

27. The permit holder may be required to relinquish this permit at any time or specified time after issuance to the Board of Land and Natural Resources in accordance with Chapter 166 ofTicle 13.

28. The applicant shall obtain the necessary land acquisition documents from the Hawaii Housing Authority.

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o o Special Conditions List

1. Should an alternate permanent source of water be found for this use, then the Commission reserves the right to revoke this permit, after a hearing.

2. In the event that the tax map key at the location of the water use is changed, the permittee shall notify the Commission in writing of the tax map key change within thirty (30) days after the permittee receives notice of the tax map key change.

3. The applicant shall contact the Environmental Management Division, State Department of Health, at 586-4304, concerning "GUIDELINES APPLICABLE TO GOLF COURSES IN HAWAII" date <Insert Date & Version #>.

4. Standard Condition lOis emphasized, to report consumption on a regular basis.

5. The applicant may continue this existing use of ground water within the limits approved by the Commission, and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

6. This interim water use permit shall cease to become interim and shall be subject to HRS § 174C-55 upon administrative review of the quantity within five (5) years, provided that all conditions of the use (including the review of the quantity which shall not be greater than the amount initially granted) remain the same. Enforcement of the allocation limit shall be stayed pending staffs review and issuance of a permanent water use permit.

7. As-built drawings of the well and pump, and a -complete pumping test record shall be submitted within sixty (60) days.

8. In the event the pump tests show that aquifer boundary conditions do not support the requested withdrawals, the Commission reserves the right to amend this permit, after a hearing, to a level that is supported by the pump tests.

9. The existing use may be continued within the levels approved by the Commission, and the actual issuance of the permit document shall not be a reason to interrupt the approved level of use.

10. The filing of an application by Kukui, Inc. for a new or modified water use permit for the Kualapuu Aquifer in excess of 2.0 mgd (total system withdrawal) shall be just cause for re-consideration of this interim permit by the Commission

11. Upon completion of a new transmission line for the transport of water use by Well #17, the permit shall be modified to reduce the allocation amount by the additional 79,220 gallons per day allocated for use of the Molokai Irrigation System.

12. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall conduct a feasibility study and submit a report describing

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o o alternative sources of nonpotable water for irrigation uses at the resort area. It is suggested that the developer consider use of dual lines in the subdivisions so that effluent may be used in the existing reuse system. Another consideration is the development of brackish water wells in the Kaluakoi Aquifer system for mixing with the effluent generated at the resort.

13. Within six (6) months from the date of approval of a water use permit for the well, the application shall evaluate the filter back discharges into Kakaako Gulch to determine if excessive preventable waste is occurring and identify possible measures to eliminate or reduce such waste. The evaluation shall be conducted in cooperation with the Commission staff and staff of the Department of Health's Safe Drinking Water Branch, which regulates the drinking water system.

14. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall 1) implement a leakage control and detection system and compete repairs to prevent such leakage and 2) implement use of xeriscaping and low-flow fixtures.

15. Action on the future use portion of the water use permit application for Well #17 (Well No. 0901-01) is deferred pending the establishment of existing uses in the aquifer. Kukui Inc.'s application for uses in excess of those uses existing on July 15, 1992 will be considered "new" uses and will be taken up by the Commission as soon as other existing use applications have been decided. In the interim,

a. The Commission shall recognize that there is disagreement between the applicant's staff calculations of reasonable-beneficial existing use

b. The Applicant will have the burden of proof to show within six (6) months reasonable-beneficial existing use calculations that support the applicant's request as opposed to staffs calculations.

c. The Commission's enforcement of the approved existing use allocation will be suspended for six (6) months.

16. The permittee shall submit a notice of intent and written request to continue the use at least ninety (90) days prior to the expiration of the interim five-year permit.

17. The Commission shall delegate to Maui Department of Water Supply the authority to allocate the use of water for municipal purposes, as provided in §174C-48(b).

18. Maui Department of Water Supply shall be exempt from the requirements for permit modifications, as provided in§174C-57(c).

19. The permittee must meter water use and monitor chloride concentrations on a monthly basis and submit monthly reports of water use and chloride concentrations to the Commission.

20. Standard Condition 16 is waived for saltwater wells.

21. The permit will be revoked if (1) stream monitoring shows that pumping the well reduces stream flow, or (2) the electromagnetic resistivity survey indicates that the

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o o well was drilled into a dike compartment, unless the applicant submits a petition for an amendment to the interim instream flow standard with the well completion report. However, no use of the water may be made without a Pump Installation Permit, which cannot be issued during consideration of the amendment of the interim instream flow standard.

22. The applicant shall present the results of the electromagnetic resistivity survey, pump tests, and stream monitoring to a community meeting as well as to the Commission.

23. A final determination of water use quantity shall be made within five (5) years of the filing date of the application «Insert Date» to continue existing use.

24. The applicant shall implement, by December 31, 1995, a biological and hydraulic monitoring program for a minimum 2-year period that: 1) documents the existing operating procedure, 2) seeks to identify the impacts of all operating alternatives on Waikolu Stream, and 3) seeks to identify the effectiveness of weir modifications (Dam No.1). This program shall incorporate the three new wells, Wells #4-6 (Well Nos. 0855-06, -OS, &-04, respectively), which may be pumped within the approved limits, for monitoring and testing purposes only. Further, semi-annual reports summarizing data and preliminary findings shall be submitted to the Commission. It is suggested that the Department of Agriculture work with the State Division of Aquatic Resources and other affected agencies to prepare the monitoring program in light of the difficult technical questions raised by this application. A particular concern is the coordination of this monitoring program with the ongoing National Park Service study by Anne Brasher. A draft of this plan shall be submitted to the Commission staff within ninety (90) days for technical review and comment. Results of the monitoring program shall be used to make recommendations to the Commission on any additional use of the wells, and shall be made readily available to all interested parties.

25. That the Commission approves the well construction permit for the Kamiloloa­Waiola Well (Well No. 0759-01), subject to the standard well construction conditions and the special conditions for the pumping well for the aquifer tests.

26. That the Commission authorizes the Chairperson to approve and issue a pump installation permit upon acceptance of adequate pump test result, subject to the standard pump installation conditions.

27. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

28. The applicant shall follow the agreed monitoring plan.

29. If pesticides used by the applicant are found in ground or surface water and can be traced to the applicant's use, the CWRM may revoke the permit immediately upon such finding.

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o o 30. Issuance of the interim permit shall be withheld until the reservation of water for

DHHL is set by rule. Applicant may continue this existing use within the approved limits.

31. The applicant shall submit well modification and pump installation permit applications for administrative approval by chairperson prior to beginning any work required to complete well.

32. Should any stream flow impacts result from use, petition to amend interim instream flow standards shall be submitted.

33. Should any dewatering result from use, pumping shall cease immediately.

34. Shall submit accurate schematic diagram of distribution system for the battery of 5 wells.

35. Shall be subject to a 6-month independent audit & monitoring.

36. Final pump capacity shall be determined from pump test results & approved administratively by signature of chair.

37. The permittee shall seek and submit to the Commission within ninety (90) days written confirmation from the Department of Land Utilization of the non­conforming use.

38. Pumping shall cease immediately if the chloride reports show that the brackish water developed in the well exceeds 1,000 mg/l of chloride, unless a variance from the chloride limit has been granted. The authority to approve future variance requests is delegated to the chairperson.

39. The duration of the interim permit shall be: a. To July 1, 2006, or b. Until treated wastewater is available and acceptable for use, or c. Until such time that a significant change in permitted, actual, or projected

uses or water supply occurs.

40. Action on any interim permit may be initiated by the Commission or any permittee upon letter request or pursuant to §174C-57 Haw. Rev. Stat. (Modification of permit terms).

41. This permit is approved under the assumption that wastewater will become available for reuse as an alternative supply source.

42. Require adherence to the chloride sampling protocol and the submittal of weekly chloride data. The authority to approve variances from the weekly reporting requirement is delegated to the Chairperson.

43. Require adherence to the Conservation Conditions.

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o o

44. In the event a water shortage is declared by the Commission, permittees in the <Insert Aquifer Sytem> shall comply with the <Insert Aquifer System> water shortage plan adopted by the Commission.

45. The permittee shall contact the Department of Health, Clean Water Branch and obtain the necessary discharge permit(s).

46. Permit shall be interim and replaces existing WUP for 2051-07 & 11.

47. Applicant shall submit an acceptable archaeological inventory survey report to DHP. If historic sites affected, a plan to mitigate these affects must be accepted by DHP and completed by applicant.

48. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

49. (The permittee) may report monthly pump age on yearly basis.

50. Prior to issuance of any permits, must submit filing fee for after-the-fact pump installation permit.

51. The term of this permit shall be twenty years from the date of issuance of the permit with a five-year Board review to determine compliance with the provisions of the permit.

52. The amount of water to be withdrawn under this permit shall be 0.19 mgd, averaged annually, for irrigation use. This permitted use of 0.19 mgd when added to a preserved use of 0.27 mgd amounts to a total of 0.46 mgd, averaged annually, which may be withdrawn from well 1646-01.

53. The use authorized by the permit must not interfered substantially and materially with existing individual household uses and existing uses.

54. The use of this well shall be subject to the shortage and emergency powers of the Board of Land and Natural Resources (BLNR).

55. This permit may be suspended or revoked, in accordance with Chapter 166.

56. The permit holder may be required to relinquish this permit to BLNR, in accordance with Chapter 166

57. The withdrawal from Well 1646-10 shall be recorded and reported to DLNR on a monthly basis by the permittee.

58. In the event that emergency water use occurs, the permittee shall notify the Commission in writing within one (1) day of pumping, to in form the Commission as to the nature of the emergency and the expected duration of the emergency. A water

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o o use report shall also be filed pursuant to Standard Condition 10 and Administrative Rule 13-168-7.

59. Note DOH's requirements related to non-potable water systems (attached to original permit).

60. Standard Condition 16 requiring the submittal of a water shortage plan is waived.

61. All non-potable spigots and piping shall be clearly labeled as "DO NOT DRINK, NON-POTABLE" to prevent direct human consumption.

62. Standard Condition 10 is modified. Due to the inability to take water level measurements, the requirement to measure monthly water levels is waived. In addition, as long as the U.S. Geological Survey is collecting and analyzing the chloride content of the well water, the requirement for the permittee to measure and report chlorides is also waived.

63. Well elevation components must be surveyed by a licensed surveyor and this information must be submitted to commission prior to issuance of permanent permit.

64. The permittee shall obtain approvals from the Department of Health and the U.S. Environmental Protection Agency prior to use of the water.

65. This water use permit, WUP No. <Insert #>, shall supersede WUP No. <Insert #>.

66. WUP No. <Insert #> is revoked

67. Standard Condition 17 is waived.

68. Standard Condition 22 for interim water use permits shall not apply.

69. To supplement our records, we request that you provide a map of the Galbraith Est. lands west of Wahiawa (2100 ac+-) and the associated TMK's for use area.

70. Deferred action on portion requested for golf course irrigation pending further refinement of irrigation requirement and a feasibility study for utilization of surface water sources, including Wahiawa Reservoir.

71. Written justification be provided for any 'cushion' of 0.5 mgd.

72. The water use permit shall be an interim permit. The duration of the interim permit shall be until treated wastewater is available and acceptable for use. The permittee shall continue discussions with Honolulu Board of Water Supply regarding the use of reclaimed water.

73. The permittee is put on notice that this is a qualified approval in that this permit may be modified or revoked prior to the expiration of the interim permit if the

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o o Commission decides that the use of additional basal ground water for dust control and landscape irrigation is not reasonable-beneficial use.

74. The permittee encouraged to use drought-tolerant landscaping to conserve water.

75. Should the applicant provide written evidence that the county DHCD approves a 201E exemption for the elderly affordable housing project then the applicant may modify a corresponding portion of their existing aquacultural use to be used by the exemption approved project within the Commission approved water use permit limits under recommendation 5.

76. The applicant shall obtain a water lease/permit from Land Division prior to actual use of the well water.

77. Require the permittee to sign a contract by May 14, 1998 with the City Department of Wastewater Management to buy and use 0.400 mgd ofR-1 water for a corresponding reduction in allocation for Well Nos. 1900-02, 17 to 20, and 1901-03.

78. Standard Condition 9 is waived.

79. Standard Condition 10 is modified to exempt the permittee from monthly measurements of salinity and temperature.

80. Standard Condition lOis waived.

81. Applicant must seek a determination from BLNR and Land Mgt Divas to whether water license required. If required, license must be obtained prior to issuance of permit. If not, permit will be issued w / out further action.

82. Commission defers action on use in excess of 452,000 gpd pending additional info from BWS and further staff analysis.

83. The permit shall be subject to the Commission's sustainable yield review by December 1990.

84. The Commission shall delegate to the Honolulu Board of Water Supply the authority to allocate the use of water for municipal purposes, in accordance with §174C-48(b) HRS.

85. Honolulu Board of Water Supply shall be exempt from the requirements of permit modifications as provided in §174C-57.

86. BWS must participate in discussions, to be coordinated by Commission Staff, regarding a monitoring program to address impacts to Kaneohe Bay water quality, prior to any action on applications for future municipal uses.

87. A pump installation permit application must be made and approved prior to the installation of a permanent pump.

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88. The water withdrawn shall be 0.7 mgd for municipal use.

89. The installed pump capacity of the well shall not be more than 700 gpm or 1.01 mgd.

90. The term of permit shall automatically expire twelve months from the date of Issuance.

91. The Honolulu Board of Water Supply may continue to submit monthly water data on their own form, provided that the data are submitted in a format that is acceptable to the Commission staff.

92. Standard Condition 7 shall not apply.

93. Standard Condition 22 shall not apply.

94. Standard Condition lOis modified to exempt the permittee from monthly measurements of salinity and temperature.

95. This permit shall be subject to conditions providing for stream restoration if the Commission determines that additional water should be returned to the streams.

96. HECO 1 mgd for industrial use

97. Campbell Estate 1 mgd for municipal use through BWS, by separate agreement with HECO

98. BWS 1 mgd for municipal use.

99. The permit shall be subject to the Commission's sustainable yield review by <Insert Date>.

100. The applicant shall obtain the current version of the Department of Health's Guidelines Applicable to Golf Courses in Hawaii. Where relevant and viable, items of the guidelines should be implemented and sustained appropriately. To obtain the current version, contact the Safe Drinking Water Branch, Environmental Management Division at 808-586-4258 (Honolulu).

101. The future use portion of the application shall be deferred until existing uses in the Koolauloa area are established.

102. The water to be withdrawn under this permit shall be a total of 0.03 mgd (0.02 mgd preserved plus an additional 0.01 mgd permitted use), averaged annually, for domestic and irrigation use

103. Existing well 1851-09 shall be properly sealed by a licensed drilling contractor. A well modification permit application, enclosed, shall be submitted to the Department for approval of the well sealing. A filing fee for sealing the well will not be required.

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104. The permittee is required to test the source using a certified private laboratory and submit the test results to the Commission within three (3) months. The Commission will then forward the results to the Department of Health for their review. The Department of Health recommends that the well be routinely tested for microbiological and chemical parameters thereafter.

105. The permittee is required to submit a completed Registration of Well and Declaration of Water use by <Insert Date>.

106. The permitee shall contact the Department of Health for a written determination on the status of their water system and comply with any Department of Health requirements for monitoring and testing.

107. In the event that the original spring source decontaminates, the new well authorized will be shut down.

108. That within each aquifer the total permitted use shall not exceed the sustainable yield.

109. That any water available for allocation shall be for in-district use.

110. That scheduled reductions to Oahu Sugar Co. permitted use shall be initiated upon final termination of an Osco lease or sub-lease, whichever occurs later.

111. That permits for water use issued in accordance with the proposed schedule shall be interim permits subject to review and adjustment by 1995.

112. That the permit shall be an interim permit for a new use which is afforded to existing users as specified in §13-171-20.

113. That the original allocation of 0.200 mgd shall be taken to hearing for possible revocation at a later date to complete the transfer of the water use permit entirely to Well No. 3407-02. This revocation would reduce the current allocation afforded to the Kunihiro Well (Well No. 3406-06) to zero.

114. This allocation incorporates the unspecified domestic needs of the applicant and therefore necessitates a single meter be installed at the well.

115. Should any impacts to nearby wells or streams be established by the use of this well, the applicant shall address these issues to the satisfaction of the Commission.

116. If an economically feasible nonpotable source is identified, the applicant shall convert to the alternative nonpotable source.

117. The permit shall be subject to the Chairperson's approval of a water use plan recommending possible measures to prevent or minimize saltwater contamination and establish courses of action to follow should the aquifer become to saline to use.

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118. Permittee shall provide the necessary end-use information on the 10th residence to allow regulation of the use under Chapter 174C.

119. Standard Conditions 10 & 18 shall not apply.

120. Standard Condition 10 is modified to exempt the permittee from the requirement to install a flowmeter. Salt water withdrawals may instead be estimated based on pumping capacity and run time.

121. The applicant shall review the existing year long period of pump age and stramflow data and provide analysis on ground and surface water interaction. Deadline is January 25, 1994.

122. The water use permit for Well Nos. 2301-27 to -32 for 0.75 mgd (WUP No. 419) shall be revoked upon issuance of a pump installation permit for the well.

123. The permittee shall use mulching to decrease evaporative losses and manage irrigation scheduling to minimize water demand.

124. The permittee shall submit a detailed agricultural plan to support any future water use permit application for increased agricultural use at this parcel.

125. If not already obtained, the permittee shall seek and obtain any necessary permits from the Department of Health for the proposed discharge to Malaekahana Stream.

126. Standard Condition 10 is modified to waive the requirement for installing a water meter on Well Nos. 2358-21,22, and 29. The permittee shall install a water meter on Well No. 2358-26 to measure total monthly flow through the discharge line. This quantity should then be assumed to be the rate of natural flow from the other three wells for monthly reporting purposes.

127. The permit shall be effective upon submittal of documentation by Navy that it has met the DOH requirements for a public system.

128. This WUP shall be subject to Army's application for a WUP to reduce the permitted use of the Army's Schofield Shaft (2901-02 to 04, 10) by 0.208 mgd to a new total of 5.648 mgd. The Army's application shall be submitted within 60 days after the approval of this WUP or this WUP shall be void. Approval of the modification request shall be obtained from the CWRM prior to use of Well No. 3100-02 and issuance of this WUP.

129. Navy shall submit an after-the-fact PIP A, and approval of the permit shall be obtained prior to use of the well.

130. The well shall not be used for drinking water purposes unless it is properly tested and treated.

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o o 131. This permit is approved subject to reclaimed water becoming a practical alternative

and provided that the Department of Health approves the reuse application.

132. Should any opae ula be recovered in the well water, the permittee shall notify the Division of Aquatic Resources and provide specimens to the Division of Aquatic Resources for analysis.

133. If a single meter at the well is used, the Commission shall allow an additional 1,000 gallons per day to the water use permit amount for the domestic needs of two residences, although a permit for individual domestic consumption is not required. Otherwise, the applicant must provide a meter to separately measure the irrigation consumption.

134. This permit is approved under the requirement that conversion to either: 1) treated wastewater becoming available for reuse as an alternative supply source, provided that Department of Health concerns over the use of treated effluent over the potable water aquifer have been addressed; and/or 2) other nonpotable source becoming available will occur in a timely manner.

135. These permits shall be subject to a review of actual use within four years for possible modification of the permitted amount.

136. The permit shall be reviewed in two (2) years for possible additional revocation due to nonuse.

13 7. The allocation is based on the projects listed in Exhibit 5 (of Item 10 of the May 20, 1998 Staff Submittal), except for the Queen's Beach GC (IMK 139-11-2,3), Lot 9 (IMK 139-17-51), and Varsity Place (IMK 128-24-35).

138. Kamehameha Schools Bishop Estate/Honolulu Board of Water Supply shall transfer the water use permit within ninety (90) days of the effective date of the transfer of the pump station to the Honolulu Board of Water Supply, pursuant to §174C-59 Hawaii Revised Statutes.

139. The permittee shall ensure that the water is recycled by either directing it into the Waiahole Ditch for use by downstream farmers (subject to the approval of the Agribusiness Development Corporation's Board) or into Waikele Farm's existing irrigation system.

140. The permittee shall file a completed application to modify WUP No. 758 to reduce the allocation by 0.100 mgd within 60 days. If a completed water use permit modification application is not received within 60 days from this submittal's date, then the subject water use permit application (WUPA No. 767) shall be deemed denied without prejudice without the need for another hearing.

141. The water withdrawn shall be for municipal use. No improvements to the existing sources are required as the existing source capacities are greater than the increase.

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o o 142. Water license must be determined through LM.

143. Proposed other uses will be considered at a later date.

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o State of Hawaii

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

Honolulu, Hawaii

September 1, 1993

Chairperson and Members Commission on Water Resource Management State of Hawaii Honolulu, Hawaii

Gentlemen:

Applicant:

Gentaro Ota P.O. Box 561 Kaaawa, HI 96730

Background

Gentaro Ota Application for a Water Use Permit

Ota Well (Well No. 3453-03) Kahana Ground Water Management Area. Oahu

Landowner:

Same

The applicant submitted a completed water use permit application to the Commission on June 4, 1993. Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits.

Analysis & Issues

This existing artesian source supplies about 6,000 gallons per day of fresh water from the Kahana Aquifer System for irrigation of two (2) acres of banana trees and various vegetables. This request is to continue a use that has been in existence for about twenty-five (25) years. Since the quantity of water requested is relatively small and the request is for an existing use, unacceptable adverse impacts on other local wells, streams, and the Kahana Aquifer System are not anticipated. No specific objections to this application have been submitted to the Commission.

To date, reports of actual monthly water usage have not been submitted by the applicant. However, Standard Condition No. 11 of a water use permit for this existing amount is that the applicant submit a yearly summary of monthly water use.

As of August 24, 1993, there were three (3) other pending applications for water use permits in the Kahana Aquifer System requesting a total of 0.514 million gallons per day (mgd) of water (about 4% of the aquifer system's estimated sustainable yield). Therefore, pending applications fall well within the aquifer system's estimated sustainable yield. The Commission should also consider that this figure does not include a previous application for 1.500 mgd from the Koolau Agriculture Co. On April 28, 1993 the Commission denied this application without prejudice to allow well construction, but even if this application were to be approved allocations would fall well within the aquifer system's sustainable yield.

ITEM 7

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o Chairperson and Members

September 1,1993 Commission on Water Resource Management

RECOMMENDATION

Attach.

That the Commission approve the issuance of an interim water use permit to Gentaro Ota to use 6,000 gallons per day of fresh water for use from the Ota Well (Well No. 3453-03), subject to the standard water use permit conditions listed in Attachment B and the following special conditions:

1. The water use permit shall be an interim permit subject to the five-year verification period afforded to existing users.

Deputy Director

APPROVED FOR SUBMITTAL:

2

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o o Chairperson and Members Commission on Water Resource Management September 1,1993

WATER USE PERMIT DETAILED INFQRMA TION

Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:

WELL: Location: Year Drilled: Casing Diameter:

Elevations (msl = 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:

Total Depth: Grouted Annulus Depth:

Tol~ Ileplh

Use Information

Kahana System, Windward Sector, Oahu 13 mgd

NAmgd 13 mgd

0.514 mgd

Ota Well (Well No. 3453-03) Punaluu, Oahu, TMK:5-3-5:6

1958 10 in.

NA ft. 9 ft.

-252 ft. NA ft.

-432 ft.

441 ft. NA ft.

r- .-.-,

.. '1 outed orrWs

IV' .. wof If level ~

hni f.sofdcasilg I I I I I ""I • perf. casi\g

- -

""I f. open hole

Quantity Requested: 6,000 gallons per day. Existing Type of Water Use: Irrigation of two (2) acres of banana trees and various

vegetables. Place of Water Use: Punaluu at TMK: 5-3-5:6

ATTACHMENT A

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o Chairperson and Members Commission on Water Resource Management

State Parks

Aquatic Resources

Natural Area Reserve System

Fish & Wildlife

Office of Conservation & Environmental Affairs

Water & Land Development

Historic Preservation

Briefs in Sup,port

o

September 1,1993

No comments.

No objections.

No objections.

No objections.

Not affected.

No objections.

No effect.

Responses to objections, or briefs in support, regarding the application are required to be filed with the Commission ten (10) days after an objection is filed and, presumably, copies are served to the applicant. No briefs in support were filed with the Commission.

A IT ACHMENT A

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o o Chairperson and Members Commission on Water Resource Management September 1,1993

Field Investigation

The water source and existing use was investigated on March 25, 1991. The investigation verified the applicants request for water use permit.

A IT ACHMENT A

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o o Chairperson and Members Commission on Water Resource Management September 1,1993

STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR §13-171-2).

2. The right to use ground water is a shared use right.

3. The water use must at all times meet the requirements set forth in HAR §13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act.

4. The ground water must not interfere with surface or ground water rights or reservations.

5. The ground water use must not interfere with interim or permanent instream flow standards. If it does, then:

a. A separate water use permit for surface water must be obtained in the case an area is also designated as a surface water management area;

b. The interim or permanent instream flow standard, as applicable, must be amended.

6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its September 1, 1993 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. b. c. d. e.

Protect water sources in quantity, quality, or both; Meet other legal obligations including other correlative rights; Insure adequate conservation measures; Require efficiency of water uses; Reserve water for future uses, provided that all legal existing uses of water as of June 1987, shall be protected;

ATTACHMENT B

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o o Chairperson and Members Commission on Water Resource Management September 1,1993

f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. If the ground water source is not existing, the development of the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twenty-four (24) months from the date the water use permit is approved.

11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Kahana Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR §13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR § 13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights.

15. The permittee shall request modification of the permit when necessary to comply with all applicable laws, rules, and ordinances which will affect the permittee's water use.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR §13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Kahana Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, as allowed under HAR §13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

ATTACHMENT B

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