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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
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TELEPHONE (808) 961-8050 • FAX (808) 961-8657
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September 27, 2017
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Agriculture, Water, and Energy Sustainability Chair Tim Richards tv
Hawai`i County Council
25 Aupuni Street
Hilo, Hawaii 96720
Aloha Chair Richards:
Subject: Withdrawal of Draft Bill No. 65: Bill for an Ordinance Amending Hawai`i County Water Use
and Development Plan to Include Provisions for the Keauhou Aquifer System,Pursuant to
Section 29-3 of the Hawai`i County Code 1983 (2016 Edition, as amended)
By Communication 414.1 dated August 16,2017, we transmitted draft Bill No. 65 as referenced above, for
Council's approval. This Communication was time-stamped as received by the County Clerk on the same date.
The Bill was heard by Council's Committee on Agriculture, Water, and Energy Sustainability("AWESC") on
September 19,2017. It has come to our attention that it may not have been made clear to AWESC that per
Hawaii County Code ("HCC") Section 29-3, if Council fails to act within ninety days of receipt of a proposed
amendment to the Water Use and Development("WUDP"),the amendment is deemed approved by default.
Our assigned Deputy Corporation Counsel has informed us that"act" means an actual vote by Council for the
approval or disapproval of the proposed amendments.
The Department of Water Supply("DWS")prefers that the WUDP update be formally approved by affirmative
action of the Council rather than by default. Due to the concerns raised by AWESC at its September 19, 2017,
meeting, we respectfully request withdrawal of draft Bill No. 65 as we would not be able to gather all the
supplementary information requested by AWESC and receive additional review by the Commission on Water
Resource Management("CWRM") for pre-approval, should it be necessary, in sufficient time for Council to
vote on the matter before expiration of the ninety-day default period. We would like to introduce a new Bill for
the WUDP update at a later date,to ensure that the information requested by AWESC can be compiled and so
that Council has the opportunity to review the information within the established timeframe. We further request
that withdrawal of Bill No. 65 be placed on the Committee's agenda, so that the DWS can answer further
inquiries before it begins gathering the supplemental information requested by AWESC.
Thankou verymuch for your time and attention in this matter. If there are any questions, please do not
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hesitate to contact me.
Sincerely yours,
Comm. No. IV oZ
Keith K. Okamoto P. .
AMP-
Manager-Chief Engineerg Ref. To:
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. . . Water, Our Most Precious Resource . . . ?Ka Wai A Rdne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.