2020-02-06 Exh B Piilani Partners Remand SMA 18-070

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or submit written testimony, and the Court found that you have to give people enough that they can do written testimony. Okay, theI talked to Commission on Water Resources and urged them to recommend an EA. I think that the decision about not, it not being triggered is wrong. They have to extend the sewer, and they haveI'm going to ignore that [referring to Ms. Hall's sign indicating Ms. Rohr's three minutes to testes had passed] because you've ignored every rule, Malia, and it's because of you I couldn't prepare. HALL: I've given you extra time. You've had double the time that everybody else has had. Please respect everybody else. ROHR: You respect me! You submitted that on the fourth HALL: I am completely respecting you ROHR: No, you're not HALL: Please proceed and wrap up your testimony. ROHR: I'm going to ignore you. HALL: Okay, sounds good. ROHR: Okay, so, basically if you look at the record, they defer the decision on the EA to Public Works later. They did not, under the HAR 11-200, the version that was in place before, they had to confer with the other agencies. They didn't confer with Commission of Water Resources. I had them all ready to send their comments on exempting it from an EA, and the comments were like this. The fact that the Commission on Water Resources has promulgated strict well drilling standards and rules, it's evidence that there is real risk of contaminating the lower aquifer. I believe that was in one of the cases. Maybe the, it might have been 1250 Partners? Was it well, anyway, I can't think of the first name, but versus 1250 Partners. Okay, I got that. I sent in—okay, I'm just going to go over the changes as I see them, because that's what we're reduced to. RAFFIPIY: Ma'am, can you summarize it, please? ROHR: Yes, I'm summarizing it. RAFFIPIY: Thank you, ma'am. ROHR: Hold on. Okay, page 12, part 6-b, it talks about Native Hawaiian traditional rights, but you should add in part 7, Principle 1 the words, "The thrust of Piilani's proposed use of public trust resources is the commercialization of the spiritual qualities of 2,000 -year old Mauna Kea water, and it is not reasonable and beneficial use because domestic water use is at risk of contamination." But, the Court actually told you to compare the use between Piilani's use and public use, and I wrote to you about that. The comparison is people want to reserve it like Cory EXHIBIT B 9