COM 0561.013 2002-2004 - Laserfiche WebLink

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SIdIl2yFUk2, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance •ZOning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Lantl Use Permits • En~ronmental Reports October 12, 2004 Mr. Harry Yada, Chief Land Division -Hawaii District State Department of Land and Natural Resources P.O. Box 936 Hilo, HI 96721-0436 Deaz Mr. Yada: Subject: Use ofAlili Water Svstem - Pahala. Hawau this-is to-confirrr~out-discussion-regazding-the-subject matter.- As discussed, Hester Farming Company (HFC), the owner of properties identified by TMK: 9-6-5: 18 and 4-6-6: 4 is presently capturing and utilizing-the overflow from the County Department of Water Supply's Alili water system for irrigation purposes. This is outlined in my attached letter, dated February 10, 2004, to Mr. Milton Pavao. Please be informed that HFC is aware of and understands that when the County temvnates use of this source, any person or entity -including HFC and/or its successors in interests of the subject properties -desiring use of this source may need to secure the approval of the State Department of Land and Natural Resources (not the State Water Commission) through a public auction process. As such, HFC acknowledges that it does not assume that the current source is or will be made available in perpetuity or even a fixed time to service the subject properties. This understanding is somewhat captured in the second sentence of the fourth paragraph of my letter to Mr. Pavao. Please also note that HFC intends to also take measures to inform any successors in interest of the subject properties of this understanding. I appreciate your guidance and input on this matter. If any of the above requires clarification, please feel free to do so. Thank you very much. Sincerely NE~ M. FUKE Planning Consultant Enclosure Copy - Mr. Milton Pavao, Department of Water Supply w/ enclosure Mr. Ellis Hester, Hester Farming Company w/ enclosure