2024-03-04 PL-SMA-2023-000046 Elsa Dedman Opposition Testimony

Home

golf course pesticide and chemical fertilizer pollutant's runoff that leached into the aquafers from mauka (upland) to nearshore waters. Till today we have not been able use our well. This is violation of Article XI, Section 9 of the Hawai'i Constitution (1978), states: "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings . . ." The Supreme Court has interpreted this constitutional provision in In re Application of Maui Elec. Co., 141 Hawaii 249, 408 P.3d 1 (2017): "This substantive right is a legitimate entitlement stemming from and shaped by independent sources of state law, and is thus a property interest protected by due process. Although a person's right to a clean and healthful environment is vested pursuant to article XI, section 9, the right is defined by existing law relating to environmental quality." Conclusion In November 20, 1969 C. Brewer petitioned the State Land Use Commission to redesignated lands from Agriculture and Conservation Districts to the Urban District to allow resort development on this sacred property. At the time this occurred SMA law as we know had not been established. These lands should be redesignated to its original classifications as Agriculture and Conservation. In rolling back the designation of this 'Aina would allow the community to share in the 'Aina equally and provide easy access to the beach of their ancestors. The Keolani Hanoa Resolution 169-07 was introduced by Hawaii County Councilman Bob Jacobson on 01 May 2007 stating that the County of Hawai'i would be purchasing 150 acres of shoreline to prevent development in this area in accordance with Ka'u Preservation. The county's money would be matched with federal funds to purchase the shoreline. At the time U.S. Congresswoman, Mazie Hirono had requested 3 million dollars to assist in the purchase. Punalu'u would be managed by the people of Ka'u who rely on the area for fishing, recreation and cultural practices once the property is purchased. Unfortunately, this Resolution was not executed in 2007. Mayor Harry Kim also announce that his dream was to not have a resort at Punalu'u but instead compared Punalu'u to the Crater Lake, in Southern Oregan with the analogy of the lake's natural pristine existence. Punalu'u is world renowned for its unique significant cultural and historic presence. With that the reality is that Punalu'u and its future lies in our hands today. The ocean is a living classroom and is one of the last beach in Ka'u to be preserved. The natural wildlife and the community depend on this coastline for everyday living. Development should not occur in this area. Ka'u is unique let it stay that way with our 80-mile coastline untouched. Respectfully submitted, Elsa Kalankauleleiaiwi Dedman 10