HomeMy WebLinkAboutCOM 0721.018 2012-2014 Page 1 of 1
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Murashige, Laura
From: Charles Flaherty [oneheart@aloha.net]
Sent: Sunday, March 16, 2014 8:01 PM
To: counciltestimony @ co.hawaii.hi.us
Cc: vpoindexter @co.hawaii.hi.us;jyoshimoto @co.hawaii.hi.us; donishi @co.hawaii.hi.us;
gilagan @co.hawaii.hi.us; zkern @co.hawaii.hi.us; bford @co.hawaii.hi.us;
dkanuha @co.hawaii.hi.us; Eoff, Karen; mwille @co.hawaii.hi.us
Subject: Comment on Communication 721
Attachments: NPSWaterMgtPlanCC031614001.pdf
Aloha mai Madame Chair and members of the Agriculture, Water and Energy Sustainability Committee,
Please see the attached testimony regarding Communication 721
The Kona Hawaiian Civic Club supports the National Park Services' Water Management Action Plan petition.
Mahalo,
Charles Flaherty
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Ref. Date_ MAR 18 2014
3/17/2014
Rona joftaiiau Cibit Club
March 16,2014
Aloha mai Madame Chair and members of the Agriculture,Water and Energy Sustainabbility
Committee,
The Kona Hawaiian Civic Club("Kona HCC")has been advocating for constitutionally-
protected Native Hawaiian traditional and customary practices,rights,and cultural and
environmental resources for decades. Members of the Kona HCC were directly involved in the
establishment of the Kaloko-Honokohau National Historical Park("KHNHP").
Since the park's establishment,the Kona HCC has been supporting the KHNHP's efforts to
restore and perpetuate constitutionally-protected cultural,environmental,natural resources
essential to health,safety,and welfare of future generations of all residents of and visitors to
Kona.
As part of this effort,the Kona HCC collaborated with KHNHP to write a resolution,"Urging
the State of Hawai'i and Hawai'i County Agencies to Protect the Sustainability of Kona's Fresh
Groundwater Aquifers"(Exhibit A). This resolution was introduced at the 2011 Association of
Hawaiian Civic Clubs national convention and was passed unanimously with over 300 Native
Hawaiian delegates from around the nation voting in support.
With regard to the presentation being given today,the Kona HCC disagrees with the 5 reasons
being given for denial of the Water Management Action Plan petition as follows:
Reason#1: "There is no scientific data to support State Water Management Area Designation."
Kona HCC disagrees. There are numerous studies providing data in support of the State Water
Management Action Plan petition, such as:
• 2003 state Commission on Water Resource Management report concludes: "data strongly
suggest a slow decline of water levels in some of the high-level wells".
• 2006 Hawai'i County Planning Department-funded study by the UH-Hilo Marine
Sciences Department found'that conditions in West Hawaii may be developing for
extreme environmental degradation [of nearshore marine waters],possibly resulting in
algal blooms like those in West Maui".
• 2008 United State Geological Survey report on groundwater sampling around the
Kealakehe Wasterwater Treatment Plant found traces of human pharmaceuticals,such as
carbamazepine(treatment of seizures,bipolar disorder)and sulfamethoxazole
(antibiotic),and chemicals,such as anti-corrosives,fire retardants,and plasticizers.
2010 Hawai' County Water Use and Development Plan states,`"`Development of high-
level groundwater sources,primarily in the Keauhou Aquifer System Area,has relieved
some of the stress to,the basal aquifer. However,there should be concern with the on-
going land development,as demands associated with the full build-out to[County
General Plan Land Use Pattern Allocation Guide] maximum density exceed the
sustainable yield by four to five times."
• 2012 The Environmental Protection Agency adds Keahole Point and Banyan's to its list
of impaired marine waters,which already contains Pine Trees,Old Airport Park,
Kaupulehu,and Honokohau Boat Harbor.
• 2012 Department of Water Supply annual report shows that the Kahalu'u wells have
sodium levels more than three times recommended levels and over 50%more than what
people suffering high blood pressure and other sodium-related conditions should be
consuming. The sodium level is from saltwater intrusion into the aquifer from pumping.
Reason#2: "The law mandates designation at 90%capacity;Keauhou Aquifer System is only at
32%." Kona HCC disagrees. The capacity of the Keauhou aquifer system may have already
been exceeded given increasing salt content,decreasing groundwater levels,and increasing
human pollution of groundwater. The county's own water use plan states that the sustainable
yield of the Keauhou aquifer will be exceeded by 400-500%if already-approved development is
built.
Reason#3: "Unwarranted State Water Designation Interferes with County's Authority and
Home Rule". Kona HCC disagrees. In 2006,the state Supreme Court ruled that the County of
Hawai'i has an"affirmative duty to protect nearshore water resources. Shortly thereafter,then-
Planning Director Chris Yuen hired the University of Hilo Marine Sciences Department to
analyze all water quality reports submitted to the county as required by Special Management
Area Permits(Hokuli'a,NELHA,Kona Villages,Mauna Lani,Mauna Kea,etc.). Their report
found"that conditions in West Hawai'i may be developing for extreme environmental
degradation[of nearshore marine waters],possibly resulting in algal blooms like those in West
Maui". Mr. Yuen then hired a doctoral student to begin developing a county Planning.
Department water monitoring program. Meetings were held to move forward with developing
and implementing the program. Unfortunately,the financial crisis hit and the position was
defunded. It has not been restored since that time. This is why approval and implementation of
the Water Management Action Plan is not only warranted,but is part of the county's affirmative
duty to protect nearshore marine waters and freshwater aquifers that flow into them.
Reason#4: "There are No Impacts on Hawaiian Cultural Practices". Kona HCC strongly
disagrees. Kona HCC,a federally-recognized Native Hawaiian Organization,and its members,
many of whom are traditional and customary practitioners,have testified on numerous occasions
in the past on both the county and state level about the negative impacts of past and planned
development around the KHNHP on traditional and customary practices in and around the park,
including the fishponds.
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Reason#5: "The Kona Community Development Plan directs the majority of future growth
north of Kadua into compact villages with increased density and mixture of homes, shops, and
places to work". Kona HCC disagrees. Compact villages are not being designed by the Planning
Department and real estate development interests. Instead,one large city is being developed
without the green belts called for in the Kona CDP. The KCDP Action Committee has to-date
focused primarily on construction projects,while ignoring sewage treatment and potable water
problems. The KCDP AC has not only ignored cultural and environmental resources,it has
actively opposed the United States Fish and Wildlife Services'efforts to create critical habitat
protection,habitat that is dependent upon freshwater resources.
The Kona HCC believes that the evidence and facts are,already in and a clear conclusion can be
made. A Water Management Action Plan for the Keauhou aquifer is essential to healthy
sustainable growth in Kona.
Please support the Water Management Action Plan petition for the health of not just the people,
but the`aina itself.
Mahalo,
Charles Flahe
Government Relations
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ASSOCIATION OF HAWAIIAN
CIVIC CLUBS
A RESOLUTION
URGING THE STATE OF HAWAII AND HAWAII COUNTY AGENCIES TO
PROTECT THE SUSTAINABILITY OF KONA'S FRESH GROUNDWATER
AQUIFERS
WHEREAS,there is a special spirit in the Kona area that encompasses the life that flows in the
land and the water that washes upon its shores,where Hawaiians found a clean underground
fresh water source to sustain their settlement of the area;and
WHEREAS,the cultural and historic importance of this area to Native Hawaiians is more
significant when one recognizes the area is one of the driest in the archipelago,and only through
intelligent and careful adaptation were Hawaiians able to make this into one of the most
productive and important areas for their society;and
WHEREAS,when one of the most sacred and naturally significant parts of this area,the makai
portions of the Kohana`iki,Kaloko,HonokBhau,Kealakehe ahupua'a were threatened with
development in the early 1970s,Native Hawaiians in the area organized and successfully
lobbyed Congress to take efforts to protect this area;and
WHEREAS,the Hawaii Council of Hawaiian Civic Clubs led by Clara Kahumoku and Renwick
Tassil petitioned Representative Patsy Mink to conduct a feasibility study for a National Park in
the Kohana`iki,Kaloko,Honokbhau,Kealakehe ahupua'a areas of the Kona Coast;and
WHEREAS,Representative Patsy Mink succeeded in the establishment of a Commission to
study the area for inclusion as a National Park,and the Commission members and staff preparing
the study included such noted Hawaiians as'lolani Luahine,George Na'ope,Herb Kawainui
Kline and John D. Waihe`e 111;and
WHEREAS,that study,known as the Spirit of Kaloko Honokahau,was accepted and endorsed
by Congress when it established Kaloko HonokBhau National Historical Park in.1978 for the
express purpose of preserving,interpreting,and perpetuating native Hawaiian activities and
culture;and
WHEREAS,the ability of Hawaiians to continue traditional and customary practices throughout
coastal Kona is dependent on the flow of fresh,clean groundwater to the sea;and
WHEREAS,since 1978,the amount of groundwater withdrawn in Kona,Hawaii has
approximately doubled and is projected to increase by at least another fifty percent(5051b)over in
the next 15 to 20 years;and
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WHEREAS,development in the Kona area continues to grow with the potential for increasing
sources of pollution and threats to fresh,clean groundwater;and
WHEREAS,the University of Hawaii—Hilo Marine Sciences Department issued a report in
2006 on trends in nearshore marine water quality in West Hawaii which found that increasingly
polluted groundwater flowing from the land into our Class AA pristine("not influenced by
humans')nearshore marine water may be causing conditions to"be developing for extreme
environmental degradation,possibly resulting in algal blooms like those in West Maui";and
WHEREAS,the National Park Service,as stewards of this wahi papa,have endeavored over the
last ten years to protect water resources in the area through a collaborative,cooperative approach
with stakeholders;and
WHEREAS,despite these efforts,the significance clean groundwater to the cultural practices,
history,and interests of Native Hawaiians in the area is still not widely recognized,as evidenced
by the final report of the August 2010 Hawaii County Water Use and Development Plan which
does not consider the effects of groundwater withdrawal on the traditional and customary
practices of Native Hawaiians;and
WHEREAS,the August 2010 Hawaii County Water Use and Development Plan states,
"Development of high-level groundwater sources,primarily in the Keauhou Aquifer System
Area,has relieved some of the stress to the basal aquifer. However,there should be concern with
the on-going land development,as demands associated with the full build-out to[Land Use
Pattern Allocation Guide]maximum density exceed the sustainable yield by four to five times.";
and
WHEREAS,the protection and preservation of clean groundwater is essential to the perpetuation
of traditional and customary practices of Native Hawaiians in the area,and hence the
perpetuation of a unique Native Hawaiian presence and culture in this significant area;and
WHEREAS,the results of sampling adjacent to the Kaloko Honokbhau National Historical Park
for wastewater tracers at and near the Kealakehe Wastewater Treatment Plant the United State
Geological Survey and state Department of Health Cooperative Program found traces of drugs,
such as carbamazepine(treatment of seizures,bipolar disorder)and sulfamethoxazole
(antibiotic),and chemicals,such as the anti-corrosive S-Methyl-lH-benzotriazole,fire retardant
Trls(dichloro i-pr)phosphate,and plasticizer triphenyl phosphate;and
WHEREAS,in 2006,the Supreme Court of the State of Hawai'i in Ke&Y. 1250 0-ce
P n rs found that the state and county governments'duty to protect the public trust went
beyond simply enforcing its laws,that the state and county governments have the obligation at
"every stage"of the planning process to"take the initiative" in protecting the state's and county's
resources,and that its role goes beyond that of a"mere umpire";and
NOW,THEREFORE,BE IT RESOLVED by the Association of Hawaiian Civic Clubs in
Convention at Turtle Bay Resort,Hanaka`oe,Oahu this 29th day of October 2011,that it urges
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State of Hawaii and Hawai'i County agencies to protect the sustainability of the Kona's
freshwater aquifers;and
BE IT FURTHER RESOLVED,that a certified copy of this Resolution be transmitted to the
Commission on Water Resource Management and the Office of Conservation and Coastal Lauds
of the Hawai'i State Department of Land and Natural Resource,Hawai'i State Land Use
Commission,Hawai'i State Office of Planning,Hawaii County Department of Water Supply,
Hawaii County Water Board,Hawaii County Council,Kaloko Honokohau National Historic
Park,and Region 9 of the United State Environmental Protection Agency.
The undersigned hereby certifies that the foregoing
Resolution was duly adopted on the 290 day of
October 2011,at the Sr Annual Convention of the
Association of Hawaiian Civic Clubs at Turtle Bay
Resort, anaka' 'ah
/W N W
SouleaUK.O.Stroud,P ide"'.
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