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COM 0493.054 2000-2002
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COM 0493.054 2000-2002
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Last modified
8/23/2019 10:19:42 AM
Creation date
5/10/2008 2:52:54 PM
Metadata
Fields
Template:
Communications
Communications - Type
COM
Communications - Council Term
2000-2002
Communication
0493
Point
054
Author
David Kimo Frankel
Communications - Referred To
PC
Comments
PC-Close File - 10/08/02
Communications - File Code
PLG
Document Relationships
AGE PC 10/08/2002 2000-2002
(Related)
Path:
\Council Records\Agendas\2000-2002\Planning Committee (PC)
BIL 163 Draft 01 2000-2002
(Related To)
Path:
\Council Records\Bills\2000-2002
COM 0493.000 2000-2002
(Related)
Path:
\Council Records\Communications\2000-2002
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question that the [constitution] declares and creates a public trust of public natural resources for <br /> the benefit of all people (including future generations as yet unborn)." In Re: Water Use Permit <br /> Applications, 94 Haw. 9'7, 132 (2000) (internal citation omitted). "Under the public trust, the <br /> state has both the authority and duty to preserve the rights of present and future generations in <br /> the" public natural resources of the state. Id. at 141. "The state also bears an 'affirmative duty <br /> to take the public trust into account in the planning"' of natural resources, and "to protect public <br /> trust uses whenever feasible." Id. <br /> Just as the Water Commission has affirmative obligations, so too does the county. The county: <br /> must not relegate itself to the role of a mere "umpire passively calling balls and strikes <br /> for adversaries appearing before it," but instead must take the initiative in considering, <br /> protecting, and advancing public rights in the resource at every stage of the planning and <br /> decisionmaking process. Save Ourselves, 452 So.2d at 1157 (citing Calvert Cliffs' <br /> Coordinating Comm. v. United States Atomic Energy Comm'n, 449 F.Zd 1109, 1119 <br /> (D.C. Cir. 1971); Scenic Hudson Preservation Conference v. FPC, 354 F.2d 608, 620 (2d <br /> Cir. 1965))) ...Specifically, the public trust compels the state duly to consider the <br /> cumulative impact of existing and proposed diversions on trust purposes and to <br /> implement reasonable measures to mitigate this impact, including the use of alternative <br /> sources.... The trust also requires planning and decisionmaking from a global, long- <br /> term perspective. See United Plainsmen Assn v. North Dakota State Water Comxn'n, 247 <br /> N.~.2d 457, 462-64 (N.D. 1976). In sum, the state may compromise public rights in the <br /> resource pursuant only to a decision made with a level of openness, diligence, and <br /> foresight commensurate with the high priority these rights command under the laws of <br /> our state. <br /> Id. at 143. <br /> <br /> There are compelling reasons to designate Keopuka as "conservation" (or alternatively, as <br /> "open."). The waters off shore are pristine class AA and contain a diverse population of corals, <br /> aquatic life and endangered marine species. The land borders the Kealakekua Bay State <br /> historical Park and the state Marine Life Conservation District at Kealakekua Bay. Two state <br /> owned historic trails cross the property. The property contains dozens of archaeological sites <br /> <br /> and stunning beauty. A portion of the property lies within the Kealakekua Bay Archaeological <br /> <br /> and historic District, which is on the National Register of I-Istoric Places. As the Land Use <br /> <br /> Commission recently recognized: <br /> [T]he proposed Keopuka Lands project would border the State of Hawaii Kealakekua <br /> Bay State Historical Park which includes the Captain Cook Monument and a Marine Life <br /> Conservation District with class AA (pristine) waters.. .The Kealakekua Bay <br /> Archaeological and Historic District is on the National Register of Historic Places. The <br /> Commission was presented evidence that runoff into the ocean from a recent rainstorm <br /> on developer's neighboring project which abuts the premises herein caused disturbing <br /> affects to the class AA waters of Kealakekua Bay. The State of hawai'i has a strong <br /> interest to protect the resources of the area " (DR00-23, October 19, 2000; emphasis <br /> added. ) <br /> <br />
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