2015-04-28 Water Board Minutes - Laserfiche WebLink

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Ms. Lee Loy asked if this matter would be heard before CWRM. Ms. Duchesne said she was not sure, noting that the petition for a declaratory order had been sent on March 25 or thereabouts. At the meeting with DWS on March 31, Mr. Roy Hardy, the interim Deputy Director of CWRM, had indicated that there was a lot of value in that, and it seemed that he was going to encourage CWRM to make that decision, she said. However, NPS has not heard anything back from CWRM, Ms. Duchesne added. Ms. Garson said that it was made clear that NPS is doing this on its own; DWS is not supporting the request and is not joining it. Ms. Duchesne said that NPS had asked the question several years ago, and she believed that CWRM had said no. However, in the course of the discussions on March 3 and March 31, it was indicated that NPS could seek a more formal ruling on it, which would give NPS more options, she said. Ms. Lee Loy asked if Ms. Garson knew what CWRM's process would be on this, going forward. Ms. Garson said she did not know how CWRM would handle this; it is not on the CWRM Agenda. Ms. Lee Loy asked if DWS needs to sit in on that CWRM meeting. Ms. Garson said that if the matter were agendized, DWS would attend the meeting. Regarding adjudicatory -type functions like this, there is a question as to whether CWRM needs to handle it at an agendized meeting; there is a question as to whether it would be subject to Sunshine Law. She said that she does not know how CWRM handles such situations. Chairperson Pro Tem Arikawa asked whether right now this matter regarding the "alternative paths" is exploratory. Ms. Duchesne said yes, until NPS learns whether or not it is possible to designate an area smaller than the aquifer, NPS cannot take any action on alternatives. She said that she thought that Mr. Hardy was hoping that NPS would have something by March 29, but it did not make the deadline for the CWRM Agenda. She said she did not know what CWRM's time frame was. Ms. Garson said that a report to CWRM regarding the progress of mediation must be submitted by May 4. Chairperson Pro Tem Arikawa asked whether the Board needed to go into Executive Session. Ms. Garson said no, unless the Board wanted to confer with her on something. G. EXECUTIVE SESSION RE: NATIONAL PARKS SERVICE'S PETITION TO DESIGNATE KEAUHOU AQUIFER AS A GROUND WATER MANAGEMENT AREA: (No Executive Session) H. DISCUSSION OF AMENDING RULES AND REGULATIONS REGARDING PLACING RESPONSIBILITY WITH PROPERTY OWNERS FOR TENANTS' DELIN BILLS: Ms. Lee Loy asked that this Item be deferred to the May Board meeting, pending the Chairperson's return. Page 13 of 15 Water Board Minutes 4-28-15 js