11-02-2021 Intervenor - Exceptions to WPC Proposed FOF, COL, DO

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Permit request on October 7, 2021 supported by the original findings that were NOT VACATED or challenged on appeal. D. The Public Trust Doctrine At Pages 17 to 18, proposed Finding No. 66, the Planning Commis- sion makes a summary analysis of the public trust doctrine that does not satisfy the strict proof requirements set forth in Kauai Springs, Inc. v. Planning Commission, 133 Haw. 141, 173-1755 324 P.3d 951, 983-985 (2014). The fact that the Depart- ment of Land and Natural Resources should have addressed this constitutional requirement at the start (before issuing the subject lease to Connections) in the first instance does not mean that the Planning Commission, which is the "lead agency" in this proceeding, can or should ask another state agency, the State Land Use Commission, to deal with this matter. The Planning Commission also fails to address Section 13-29 of the County of Hawaii Charter that county voters adopted to establish a county-based public natural resources trust.! As a county agency, the Planning Commission must address Section 13-29, but did not do so. 3 "For the benefit of present and future generations, the county shall conserve and protect Hawaii's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people." (adopted 2010) 8