PUBLIC HEARING NOTICE
Applications for Water Use Permit
Waiahole Ditch Irrigation System Ground Water Management Area, Oahu
The Commission on Water Resource Management (Commission) has received an objection to the following application for a water use permit for a new use of water from the Waiahole Ditch Irrigation System (WDIS) on Oahu. A public hearing on the application will be held on:
July 7, 2009, 9:00 a.m. to 12:00 p.m.
Kalanimoku Building, Room 322C
1151 Punchbowl Street
Honolulu, Hawaii 96813
The Hearing Officer will gather testimony and information on the water use application that is described below.
WUPA No. 871 Waiahole Ditch Irrigation System, Oahu
Applicant: Fat Law’s Farms, Inc.
91-1023 Kaikoele Street
Ewa Beach, HI 96706
Date Application Filed as Complete: February 20, 2009
Quantity of Water Requested: 1.220 million gallons per day (non-potable water)
Proposed New Use: Irrigation, 329 acres of diversified crops
(Application for new use of unpermitted WDIS water.)
Proposed Place of Water Use: West of Kunia Road at Tax Map Key (TMK) (4) 9-2-004:010
Water Source Information
Well No. Well Name Source TMK Source Landowner or Legal Representative
2657-05 Waiawa Dev Tunnel 9-6-005:003 State of Hawaii / Agribusiness Development Corporation (ADC), 235 S. Beretania Street, Honolulu, HI 96813
2953-01 Uwau Dev Tunnel 4-8-014:003 State of Hawaii / ADC
2953-02 Waikane Dev Tunnel #2 4-8-014:005 State of Hawaii / ADC
2953-03 Uwau Tunnel Ext 9-5-004:001 State of Hawaii / ADC
3053-01 Waikane Dev Tunnel #1 4-8-014:005 State of Hawaii / ADC
2853-01 Waiahole Main 4-8-013:001 State of Hawaii / Dept. of Land & Natural Resources (DLNR), 1151 Punchbowl Street, Honolulu, HI 96813
3154-01 Kahana Dev Tunnel 5-2-001:001 State of Hawaii / DLNR
Materials related to this application are available for review at the Commission’s office located at: 1151 Punchbowl Street, Room 227, Honolulu, and will also be available at the public hearing.
The hearing officer will close the public hearing at the end of the session. Commission staff will forward recommendations on the application to the Commission at a later date. Staff recommendations will be based on available information, including any testimony and information that is provided at the hearing and as provided for in this notice.
Any person may testify or present additional information regarding this application at the public hearing. If you have a legal interest that may be adversely affected by the proposed water use, you have a right, under Hawaii Administrative Rule §13-167-52(a), to request an administrative contested case hearing. However, you must make a request for a hearing orally or in writing by the close of public hearing and you must file a written petition for a contested case hearing with the Commission within ten (10) days (by July 17, 2009) after the close of the public hearing. Petition forms may be obtained by contacting the Commission’s office or from its website at: http://www.hawaii.gov/dlnr/cwrm/resources_permtis/. Any petition sent by mail must be postmarked no later than July 17, 2009.
If you do not request a contested case hearing before the close of the public hearing or if you fail to file a written petition for a contested case hearing on the subject application by July 17, 2009, you will be precluded from obtaining a contested case hearing at a later date and precluded from seeking judicial review of any adverse decision (HAR Chapter 13-167).
Disabled individuals who plan to attend the public hearing are asked to contact the Commission at least three days in advance of the public hearing to indicate if they have special needs that require accommodation. These individuals may contact the Commission by mail at: 1151 Punchbowl Street, Room 227, Honolulu, HI 96813; or by phone at (808) 587-0214, or one of the following toll-free numbers: from Kauai, 274-3141, ext 70214; from Maui, 984-2400, ext 70214; from Hawaii, 974-4000, ext 70214; from Molokai or Lanai, 1-800-GOV-INHI, ext 70214.
COMMISSION ON WATER RESOURCE MANAGEMENT
KEN C. KAWAHARA, P.E., Deputy Director for
LAURA H. THIELEN, Chairperson
Dated: June 3, 2009