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HomeMy WebLinkAboutCOM 0489.801 2018-2020 Murashige, Laura From: Anne Frederick <anne@hapahi.org> Sent: Tuesday,January 07, 2020 7:49 PM To: Council Testimony Subject: Support for Bill 101 Attachments: NAPA Comments on KIUC Wailua DEA_1.7.20.pdf Aloha Councilmembers, Please find attached HAPA's testimony in support of the vote to override Mayor Kim's veto of Bill 101. Mahalo, Anne Anne Frederick Executive Director www.HAPAhi.org a - Comm. No I Ref. To: P Mv WT 1 Ref. Date JAN - 8 2020 Lj Board of Directors: January 7, 2020 Gary L Hooser Attn: Ian Hirokawa President Department of Land and Natural Resources, State of Hawaii 1151 Punchbowl St., Room 220 Andrea N Brower Honolulu, HI 96813 Ikaika M. Hussey Re: Waiahi Hydropower Long-Term Water Lease DEA Co-Vice Presidents Kim Coco Iwamoto Aloha Mr. Hirokawa, Treasurer On behalf of the Hawaii Alliance for Progressive Action (NAPA), I am submitting the following comments in response to KIUC's Draft Bart Dame Environmental Assessment (DER)for the 65 year lease to divert the Secretary waters of Wai'ale`ale and Waikoko Streams for hydropower. Although we are state-wide organization, HAPA is head-quartered on Paul Achitoff Kauai and several of our staff, board and membership have a close ties to Wailua area and the streams under consideration in this DEA. Many of Kaleikoa Ka`eo us have witnessed how degraded these stream environments are, especially prior to the community modification the top of the upper Michael Miranda diversion dam in 2016. Walter Ritte Jr. I respectfully request that the DLNR deny KIUC's request for a FONSI on Pua Rossi-Fukino their DEA and require KIUC to conduct a full EIS. KIUC should be required to conduct a full Enivronmental Impact Karen Shlshldo Statement(EIS): Leslie Malulani Shizue Miki KIUC's draft DEA only considers two options: 1) keeping the existing plantation era diversions "as is" (no action alternative) or 2) modifying the diversions to take over 2/3 the natural flow of the stream. However, both alternatives will have significant impacts, and therefore the BLNR must require KIUC to prepare a full EIS which compares a range of alternatives. KIUC's DEA compares their proposed take of over 213 the natural streamflow to a severely degraded stream environment. The existing regime of plantation diversions which take 100% of the stream baseflow should not be the baseline from which the BLNR gauges improvements. The BLNR must require KIUC to consider additional alternatives, including the increased or full restoration of these two streams. The Hawaii Alliance for Progressive Action (HAPA) is a public non-profit organization under Section 1 501(c)(3) of the Internal Revenue Code. HAPA's mission is to catalyze community empowerment and systemic change towards valuing `aina (that which feeds us) and people ahead of corporate profit. t E t t t I f t f I I A full EIS should allow for the consideration of how resources were traditionally managed by Native Hawaiians for abundance. Multiple sources state that Hawaiians never took more than half of the water from a stream channel (Nakuina, Tong 2014). However, it was much more complex than a simple figure: "Nakuina affirms, "no 'auwai was permitted to take more water than continued to flow in the stream below the dam. It was generally less, for there were those living makai, and drawing water from it, whose rights had to be regarded."This meant that you always left more water in the stream than in the 'auwai, because there was usually more than one `auwai on any given stream. Therefore, customary water allocation considered the water rights of everyone in the area, as well as the ecosystem within the stream" (Tong 2014). KIUC maintains that diverting the majority of Wai'ale'ale and Waikoko Streams is necessary for the operation of their hydropower plants to generate approximately 1% of the islands power. An EIS would require KIUC to explore other ways to meet their renewable energy goals that do not require the de-watering of streams. The proposed streamflow restoration in the DEA is too low: The Commission on Water Resource Management is in the process of determining the minimum amount of water that can be left in both Wai'ale'ale and Waikoko Streams in their draft Instream Flow Standards (IFS). When the Commission came to Kaua'i to vet these standards the communtiy sent a message, loud and clear, that the proposed 30% restoration was too low due to address the adverse cultural and environmental impacts. As the Commissioners began to debate how much to increase the streamflow restoration, KIUC called for a contested case, thus halting the process. Streamflow restoration advocates impacted by the diversions have joined the contested case. Despite community concerns, and the unresolved streamflow standards, KIUC uses the contested 30% restoration as the basis for their proposed diversions in the DEA. This is yet another reason why an EA is insufficient, the DLNR should not assume any particular outcome in the contested case, but should explore mulitple alternatives via an EIS. The pending USGS study and instream flow standards should precede any long-term lease allocation: Procedurally it is hard to understand how KIUC's proposal can be vetted without the instream flow standards being resolved. The amount of water KIUC can divert should be informed by the instream flow standards, not the other way around. Additionally, the USGS is finalizing a low- flow characterization study for Southeast Kaua'i, which includes these streams, that is projected to be complete by 2020. Logically the USGS study would inform the IFS, which would inform the lease, not the other way around. KIUC's EA does not fully consider the impacts on traditional and customary practices (T&C): The sacred waters of Wai'ale'ale and the life-giving gourd they fill are revered throughout the pae'aina and are recounted in numerous mo'oleo, like the great epic of KauaTs first Mo'i The Hawaii Alliance for Progressive Action (HAPA) is a public non-profit organization under Section 2 501(c)(3) of the Internal Revenue Code. HAPA's mission is to catalyze community empowerment and systemic change towards valuing 'aina (that which feeds us) and people ahead of corporate profit. i 3 I 3 I Wahine Ka'ililauokekoa. The well know hula admission chant Kunihi ka Mauna, which recounts part of Hi'iaka and Pele's journey throughout the Hawaiian islands is another great example. KIUC's DEA does not sufficiently idenitfy T&C practices in the area, such as fishing, gathering, and the ceremonial use of water. Nor does the EA provide sufficient analysis on how to mitigate the impact on the cultural practices in the area. Moreover, the DEA does not sufficiently recognize the overall cultural significance of Wai'ale'ale, Waikoko and the entire ahupua'a of Wailua and the impact that the diversion structures have upon the area. It is important to note that these streams have been diverted and dewatered for over a century, since the plantation era. The opportunity to exercise cultural practices and rights for current and future generations should not be foreclosed because of the injustices of the past. KIUC's EA doesn't sufficiently consider the effects of diversions on public use: This is one of the few places where the upper forest reserve is accessible for the public enjoyment and recreation on the east side of Kauai. Families regularly travel up Loop Road to swim, gather, hunt, hike and enjoy the pristine waters of these mountain streams. The new out of place diversion would not minimize, but increase the amount of concrete stucture in the forest and stream environment, as well as the view planes. KIUC must consider less damaging alternatives in its EIS, including the removal of the diversions entirely. KIUC's EA doesn't sufficiently consider the impact on the stream environment and protected species: The DEA does not suffiently analyze how the diversions and hyrdroplants impact native and protected species such as 'o'opu and 'opae. Nor does the DEA consider the impact of herbicides used for maintenance along the ditches on native species and the larger ecosystem. These diversions are located in a conservation district which requires a greater level of scrutiny and protections. KIUC is also required to contribute to the care of the forest watershed via cost sharing and a watershed management plan. This is insufficiently addressed and requires a closer review in an EIS. 65 years is too long for KIUC's lease: Long-term USGS studies have shown that rainfall and stream-flows in Hawaii are steadily declining. The rate of decline is only anticipated to increase with climate change. Given the uncertainty of future climate change impacts it is hard to anticipate how accelerated these changes will be. With this level of uncertainty, a shorter lease is only prudent and would allow are more adaptive approach to the management of our vital streamflow resources. BLNR should excercise the precautionary principal in any long-term lease water allocations. In this case, a period of 10 years would be more appropriate. The Hawai'i Alliance for Progressive Action (NAPA) is a public non-profit organization under Section 3 501(c)(3) of the Internal Revenue Code. HAPA's mission is to catalyze community empowerment and systemic change towards valuing 'aina (that which feeds us) and people ahead of corporate profit. f Downstream water allocations must follow state water law: The water needs of downstreams users are mentioned in the DEA as a means to bolster KIUC's request for a long-term lease. Included in those downstream needs is the mention of off-stream uses for the future development of Uhu'e. However those water needs are never quantified or fully articulated. It is not clear how much water those vaguely described downstream users or anticipated future needs actually rely on from KIUC's two diversions on state land versus the several unpermitted diversions downstream on private land that feed into the same ditches. No comprehensive review of the all tributaries of the Wailua River has ever been conducted yet. There is no way to know what the current or future cumulative impacts of all the diversions on state and private land are. This is yet another reason why the BLNR should exercise caution in the long-term allocation of water from Wai`ale`ale and Waikoko Streams. State water law establishes a process by which requests for water allocations can be made. Downstream users are not exempt. If they are seeking to benefit from a long-term water lease, they can also follow the state's process for applying for a water allocation. Thank you for your consideration. Sincerely, S � 3 i Anne Frederick, Executive Director cc: SSFM International, Inc. (Consultant), ischefel ssfrn.com; Kauai Island Utility Cooperative (Applicant), dhuffAjoule roup.com The Hawai'i Alliance for Progressive Action (NAPA) is a public non-profit organization under Section q 501(c)(3) of the Internal Revenue Code. HAPA's mission is to catalyze community empowerment and systemic change towards valuing 'aina (that which feeds us) and people ahead of corporate profit.