Applications for Water Use Permit
Waiahole Ditch Irrigation System Ground Water Management Area, Oahu

The Commission on Water Resource Management (Commission) received an objection to the following application for a new use water use permit from the Waiahole Ditch Irrigation System (WDIS) on Oahu. This public hearing will be a continuation of the original July 7, 2009 public hearing session and will be held:

July 27, 2009, 9:00 a.m. to 12:00 p.m.
Kalanimoku Building, Room 322B&C
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

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 August 6, 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 August 6, 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 August 6, 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