KULA COMMUNITY ASSOCIATION

P.O. Box 41 - Kula, HI 96790

http://kulamaui.com

The vision of the Kula Community Association is to preserve open space, support agriculture, maintain a rural residential atmosphere,

and to work together as a community.

The specific purpose of this association is to improve the quality of life for the residents of Kula, to promote civic welfare

and generally to benefit the community of Kula.

 

Notes for Testimony on Water Meter Issuance Rule PWT-35(2)

Maui County Council Public Works and Transportation Committee

August 30, 2002 and September 5, 2002

 

 

        KCA supports promulgation of meter issuance rule

o       Waiting list for almost a decade

o       Fairness issues

         Almost 1000 are waiting on the list while

         Many others not on the list received meters without wait

 

        Positive features of proposed rule

o       Addresses tough issues, seeks remedies

o       Provides for those on the list to purchase meters at old rates

o       Sets a deadline for applicants and others with meter rights to use or lose

o       Includes a sunset provision so �waiting list� procedure won�t drag on another decade

o       Limits meters issued to 5/8� (but a problem for farmers)

        Major issues not addressed by rule

o       So-called �priority list� just a chronological waiting list

         The 1st come/1st served rule might benefit developers, purchasers of upscale homes, and others who haven�t been waiting on the list for years

         All available water could be used by first applicants and/or by others with rights who are not on the list

o       Upcountry plan priorities - agriculture, Hawaiian Home Lands, family subdivisions

         5/8� meters not adequate for most agriculture

         HHL �water credits agreement� allocates only 500,000 gpd, enough for the immediate future but not the long term

 

        Questions/Suggestions

o       Include appeal provision for farmers needing larger meters

o       Incorporate fairness into the rule to give limited water to more on list

         Cycle through the list allowing 3 meters max per applicant on each cycle

         Need legal opinions, written opinions, from more than one attorney

o       Honor priorities of Upcountry Plan

         Consider separate rules promulgated through comprehensive planning

         Establish set-asides or reserves for identified priorities

         Identify current and future needs

         Ensure adequate data on needs and supply (capacity studies)

         Plan for �worst-case� drought scenarios plus possible build-out

o       Find water at Pookela!!