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•i DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
' 3 4 5 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
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TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
October 21, 2010
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J Yoshimoto, Chairman and
Members of the Hawai`i County Council — -,
Hawai`i County Council
1
25 Aupuni Street
Hilo, Hawaii 96720 -,
Dear Chairman Yoshimoto and Council Members: �%
Re: Ordinance Amending Chapter 29, Hawaii County Code 1983 (2005 Edition), `,
Relating to Hawaii County Water Use and Development Plan
Enclosed is a bill for an ordinance to amend Chapter 29 of the Hawaii County Code. According
to the State Water Code, Chapter 174C of the Hawaii Revised Statutes ( "HRS "), each County must
prepare a water use and development plan setting forth the allocation of water to land use in that County.
Said water use and development plan must be adopted by ordinance.
The enclosed bill, in addition to adopting the Water Use and Development Plan which was
previously presented to the Hawaii County Council on August 17, 2010, proposes some changes to the
current language in Chapter 29 of the Hawaii County Code ( "HCC "). The present HCC Section 29 -1
mirrors various provisions already contained in HRS Chapter 174C or in the Hawaii Administrative
Rules and is therefore superfluous and also risks future inconsistencies should HRS Chapter 174C be
revised.
The other major change proposed by this bill is to amend HCC section 29 -4 to provide for
mandatory plan reviews as required by HRS Chapter 174 as opposed to the present HCC section which
provides for reviews every five (5) years. HRS Section 174C -31 currently provides that each County
shall update and modify its water use and development plan as necessary to maintain consistency with its
zoning and land use policies. The mandate of the HRS makes more sense than having a random time for
review that may not assist in the water planning process.
Thank you for your cooperation in this matter. If there are any questions, please do not hesitate to
contact me.
Sincerel ,
J
Milton D. Pavao, P.E.
Manager Department of Water Supply
Enclosure
c: Mayor Kenoi w /enclosure
KZ I t 3au> /oa
Conrn No. /40i
. ..Water, Our Most Precious Resource ... Ka Wai A pane ... Rif' To:____ .
The Department of Water Supply is an Equal Opportunity provider and employer . '�"�' Date 'vr �� D 2�
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William P. Kenoi - . ; Mt v.s H,,, • Lincoln S.T. Ashida
Mayor = � •* % ' Corporation Counsel
• .. '�''� Katherine A. Garson •
• :; • Assistant Corporation
''• " � " °•' ��� Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622
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TRANSMITTAL =
October 21, 2010
TO: J Yoshimoto, Chairman
Attn: Donna
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
FROM: 5 -Emarie Carvalho Legal Clerk to
Katherine A. Garson, Assistant Corporation Counsel
RE: Ordinance Amending Chapter 29, Hawaii County Code 1983 (2005
Edition), Relating to Hawai`ii County Water Use and Development Plan
COPIES /ITEMS DATE DESCRIPTION
Original 10 -21 -10 Letter to Council from Department of Water Supply
enclosing Ordinance
Original 10 -21 -10 Transmittal to Clerk (green form)
TRANSMITTED FOR:
nYour information and files ❑ Your approval
n Returning original to you ❑ Your review and comments
n Your signature and forwarding ® See remarks below
as noted below ❑ Filing and return (envelope enclosed)
n Per your request
REMARKS: Per our conversation, attached are the documents regarding the Ordinance
Amending Chapter 29. Thank you for processing the Ordinance to the appropriate places. If
you have any questions, please contact the office. Thank you.
Enclosures
Hawaii County is an Equal Opportunity Provider and Employer