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Other than that, I'm going to at this point in time turn it over to Ms. Bunn and Mr. Nance. You
<br />might have to sit .
<br />BUNN: Okay, thank you. Good morning, Mr. Chair, Vice -Chair, Members of the Commission
<br />and staff, Corp. Counsel. The last time I was here, we discussed a bit the Public Trust Doctrine
<br />and its dual mandate of protection of the resource and maximum reasonable beneficial use. This
<br />time, I'd like to address perhaps a little bit more specifically the framework that the Hawaii
<br />Supreme Court provided in the Kauai Springs case to assist agencies when those agencies are
<br />applying the Public Trust Doctrine. Excuse me, application of that framework, though, requires
<br />a little bit of understanding of some technical issues, so I'm going to ask Mr. Nance here to help.
<br />I'm going to ask him the questions that I believe are relevant to the inquiry and then try to plug
<br />his answers into the Kauai Springs framework. I'll also explain briefly, because I've addressed
<br />in a letter, why I believe no environmental assessment is required for the project. If you have
<br />further questions for Mr. Nance when I'm done that I didn't think of asking, of course, he will be
<br />available to answer them.
<br />So, with that, and Mr. Nance, for any question, if you're more comfortable illustrating your
<br />answer, we have the easel there and you have the markers. Could you tell us first please a little
<br />bit about your background?
<br />NANCE: Hi, I'm Tom Nance. Working as a private consultant primarily in well and water
<br />system development. I started in 1972, that makes me in my 47th year of doing this kind of
<br />work. Over that period of time, I have designed, supervised construction and testing and, as
<br />appropriate, designing pumps that went into them, probably, nearly 400 wells throughout the
<br />State of Hawaii, including more than 50 on this island, and overseas in the Pacific and Asia
<br />probably between a 100 and 200 more wells. Those are wells of all types—drinking water,
<br />irrigation supply, industrial cooling, disposal wells of all types, monitor wells of all types. I have
<br />done of number of the municipal wells for the Department of Water Supply here, both in direct
<br />contract with the Department and have two on-going contracts at the moment, for example, and
<br />also for four developers designing wells to County standards that are dedicated to and
<br />incorporated in the Department of Water Supply system.
<br />BUNN: Thank you. Before we get started on the Pi`ilani project specifically, could you explain
<br />what the significance of is of the UIC line?
<br />NANCE: Well, as a staff member indicated, it's a, it's a separation between what they believe
<br />groundwater that could be converted to a drinking water supply versus it's too salty or for some
<br />other reason not appropriate, and that line typically by the regulation is actually, should be drawn
<br />not just where potable water exists but where even slightly brackish water exists that could be
<br />converted to drinking water with financially feasible reverse osmosis, for example.
<br />You can put drinking water wells makai of the UIC line. You do have to go through a process
<br />with the Safe Drinking Water branch to allow neighbors to comment on that because once you
<br />have a drinking water well in a location, they draw a thousand -foot radius around it and that
<br />limits what you can do for wastewater disposal in that area. It's a two-dimensional line and, by
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