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interest in the water, the public resource that this aquifer holds, is that taken into consideration by
<br />the permitting agency before they would actually issue a permit or when does that consideration
<br />normally get taken?
<br />NANCE: I let me tell you what the process is because I can't answer your question exactly.
<br />We file a well construction/pump installation permit with the commission. It's processed purely
<br />administratively although it gets noticed in the Water Commission's bulletin. We will have to
<br />have passed any EIA, EIS, or SMA requirements before the permit will be issued. They'll
<br />process the permit, but they won't issue it until we've got all the other approvals in line. But,
<br />that approval of the permit, to my knowledge, does not take into account the public trust
<br />doctrine. It takes into account the design of the well if it matches their standards, the potential
<br />impact on other users, that kind of thing, but as far as my experience with the Water Commission
<br />since it was created is that public trust issue does not come up in that process.
<br />FUKE: And, so to supplement that, so maybe, it may be the role of the Planning Commission
<br />and so, we've had discussions with your staff, you know, specifically on this issue, and that's the
<br />reason why you know I had to ask Mr. Nance about like what percentage of water is this project
<br />going to consume, you know, from the overall aquifer system, be it the Onomea system or the
<br />Hilo, you know, aquifer system, and as was kind of pointed out, it's infinitesimally small. And,
<br />so, if it were like, you know, they're taking about 50 percent of the overall resource, then I think
<br />there would be some amount of concern, but this is way less that even one percent—you know, it
<br />doesn't even reach one percent.
<br />CLARKSON: I understand that. I'm justso, you're saying that basically the Planning
<br />Commission is the one to decide whether the public, to look after the public interest, the public
<br />trust, with regard to this water. There are no—let me just be clear—there are no withdrawal fees,
<br />permit fees, ongoing fees where money would flow from the extractor of the water to the State
<br />for the privilege of taking this water out of the ground.
<br />NANCE: There are no such—there's a fee for the permit, and once you've done the well, you
<br />must file a well completion report. No fee for them to review that. They will issue a pump
<br />installation permit. As I said, we may have a free-flowing well. We may not need to install a
<br />pump. But, the extraction, there is no fee paid to the State or County.
<br />CLARKSON: No royalties?
<br />NANCE: No, there's just an obligation to report what you're doing in terms of the amount
<br />extracted and water quality parameters, but no fees.
<br />CLARKSON: Thank you. Any further questions?
<br />REPLOGLE: I it's not a question, but it's a statement I guess. So, it's my feeling and many
<br />others that what you're doing is you're making use of an ecosystem service, like Mr. Fuke
<br />pointed out that the water's going to come from the forest, percolate down into the well. The
<br />people who are charged with taking care of those forests and preserving them and keeping,
<br />keeping them healthy so they keep producing water are drastically underfunded if I might say,
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