2018-08-13 Hearing Transcript - Piilani Partners LLC REZ 727 SMA 18-070 REVOCATION SMA 334

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know, by previous users and all that, but as far as like groundwater whether there was any controls exercised by the State, like your counsel, I don't know either. CLARKSON: Thank you, and you have read the Planning Director's Background Report and Recommendations? FUKE: Yes, we have. CLARKSON: Okay, and do you have any questions or comments about those? FUKE: No, they have been reviewed with the Applicant, and they found them to be acceptable and reasonable. CLARKSON: Okay, thank you. You both may be seated. At this time, we're going to have public testimony. We have one person who is signed up for two out of the three Piilani Partners applications. Cory, would you just address all of them in this, in this testimony, please? Would you raise your right hand? Do you swear or affirm to tell the truth on this matter before the Planning Commission today? HARDEN: Yes. CLARKSON: Please proceed or introduce yourself and where you live and who you represent and proceed, please. HARDEN: Yeah, good morning, Cory Harden speaking for myself. First, I want to thank you all for your volunteer service. I have a lot of concerns about this project, and I'm requesting that you take certain actions. One is to require a professional written report on how much water will be harvested and the impact on groundwater. In the Kauai Springs water bottle decision in 2014, the court said, "[A] lack of information from the applicant is exactly the reason an agency is empowered to deny a proposed use of a public trust resource." And, the court also said government agencies have "duties under the public trust independent of the permit requirements." On today's application, the State Office of Planning said, "Where public trust resources are used for economic gain" the court decision requires "the county authorities to give the permit application a higher level of scrutiny, and places a higher burden on the applicant to justify the use of the public trust resources." I'm kind of horrified to hear that the Water Commission does not consider the public trust issue. I mean, who is supposed to do it? You guys with no backgroundI mean, this is nuts. We're talking about water. You can't live without water. Also, if this is approved, I would think it would set a precedence `cause other people are going to come in and say hey you gave these guys a permit, how come we can't get one. I'm also a little concerned to hear Tom Nance say if they drill too deep, they're going to hit salt water if I understand correctly. I'm not a hydrologist. So, what if they go too deep, hit salt water, and it contaminates the fresh water. EXHIBIT B 11