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DEPARTMENT OF LAND AND NATURAL RESOURCES News Release LINDA LINGLE GOVERNOR _________________________________________________________________________________________________________
LAURA H. THIELEN, CHAIRPERSON
Phone: (808) 587-0401
Fax: (808) 587-0390
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For Immediate Release:
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HONOLULU -- The Board of Land and Natural Resources (BLNR) today took the first step to address the future of water resource use of the Kaloko Ditch on Kaua‘i. The Board voted unanimously to authorize termination of an existing revocable permit with the Kilauea Irrigation Company (KIC). The permit allowed KIC the right to divert surface water from the Pu‘u Ka Ele stream and to direct the water into the Kaloko Ditch system, part of which crosses over state lands. The permit grants the holder the right, privilege and authority to develop and access government waters from government land at Papa‘a within the Moloa’a Forest Reserve, together with the right to construct, operate, repair and maintain a water transportation system within the Ka Loko ditch right of way and Pu‘u Ka Ele stream. Since December 2006, KIC has been in default due to its inability to secure a liability insurance policy that is required under the permit. “The Department of Land and Natural Resources has made multiple attempts to work directly with Kilauea Irrigation Company to correct this default in the permit condition,” said Laura H. Thielen, DLNR chairperson. The default continues and has not been cured by KIC, whose principal officer has left the country. Questions remain as to whether the ditch system has been properly maintained. “We cannot enter into another rainy season with an absentee permittee, who has no insurance, and who is not responding to inquiries regarding the care and maintenance of the diversion and flow of water,” said Thielen. Thielen noted that DLNR is working with the Chairperson of the Department of Agriculture to set up a meeting with Kilauea-area farmers on Kaua‘i. The Department of Agriculture will be contacting the farmers; DLNR will bring its Water Commission and Land division staff, and will invite the Kaua‘i County Board of Water Supply to attend as well, Thielen said. “Together we will address possible water resources in the vicinity, and whether a stream diversion can be awarded to the farmers themselves,” she said. The Department of Agriculture previously recommended the farmers organize a cooperative organization so that they can jointly hold ownership of water rights, assume water management responsibilities, apply for liability insurance, and take advantage of other benefits as a group. To date, no other entity with the ability to procure insurance has come forward to take over the irrigation system. To stop diversion of water into the ditch, structures will need to be constructed and/or removed; it will probably take 3-6 months for permits, procurement and construction. For that reason, the current revocable permit, if eventually terminated, would not actually be terminated for quite some time, as that would not occur until immediately prior to commencement of construction.
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