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From: Gail Jackson <billgail.hi@gmail.com> <br />Sent: Thursday, March 7, 2019 2:05 PM <br />To: Charter Commission <br />Subject: Oppose CA -17, Support CA -18. <br />Aloha Charter Members, <br />What about having a public meeting in Waimea? <br />I waved signs supporting the Land Fund during elections and testified by email. <br />I have voted 3 times for the 2% Land Fund. <br />Don't you think you should abide by the Hawaii Constitution? <br />The Court articulated a public trust framework for natural resource decisions both at the State and County level. The <br />Court clarified the constitutionally mandated "Public Trust Doctrine" imposes upon the Counties the stewardship <br />responsibility to "future generations" to conserve and protect Hawaiyi's natural beauty and all natural resources. On <br />this point, the Hawaiyi Constitution Section XI subsection 1 provides: "For the benefit of present and future <br />generations, the State and its political subdivisions shall conserve and protect Hawaiyi's natural beauty and all natural <br />resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization <br />of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the <br />State. All public natural resources are held in trust by the State for the benefit of all people." It is on the basis of this <br />constitutional "Public Trust" provision that decisions involving land and water must be guided by the "Precautionary <br />Principle" when we weigh our private wants against the ability of the environment to accommodate those wants. The <br />precautionary principle requires long-term vision and mandates that government entities favor caution and <br />conservation in any case in which information is uncertain. The burden of proving that the resource is adequate and that <br />its proposed use is consistent with the sustainable health of the ecosystem falls on the party proposing to use the <br />resource. <br />I agree withDebbie Hecht and the Sierra Club. <br />Sincerely, <br />William B Simonsma <br />Waikoloa, HI 96738 <br />1 <br />Comm. No. 35.14 <br />