KULA
COMMUNITY ASSOCIATION
P.O. Box 41 - Kula, HI 96790
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.
Board of Water Supply Public Hearing on
Rules
Kula
Community Center - May 21, 2002
Board
Meetings on Decisions Regarding 500,000 Gallons or More per Day
The
KCA supports the proposed amendment to Chapter 2 to require at least two
regularly scheduled board meetings prior to any decision or action on acquisition,
allocation, or distribution of water 500,000 gallons a day or more.
�
Increased opportunity for public information and involvement
in decision making on water issues is a position KCA feels strongly about.
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The requirement for at least two regularly scheduled
meetings prior to any decision or action on acquisition, allocation, or
distribution of 500,000 gallons or more of water a day will provide better
opportunity for the public to be informed and involved.
For
the Upcountry water system, however, the KCA recommends requiring at least two
regularly scheduled meetings prior to any decision or action on the
acquisition, distribution or allocation of 50,000 gallons water per day.
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The proposed 500,000 gallons per day would serve
approximately another 500 households - almost half the people on the waiting
list. This would have a major impact on the Upcountry system.
�
Reducing the gallon requirement to 50,000 will give the
Upcountry community the maximum opportunity to be informed and involved in
decisions regarding any significant amount of water that can affect them and
their community.
Water
System Development Fee
The
KCA supports the proposed increases in the fees charged for water meters.
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Since meter fees were last increased, the value of the
system has doubled. The proposed increase will provide the funds needed for
necessary system improvement, repair, and expansion.
�
The fees are based on the approximate current cost of all
elements of the water system and users will be paying their share based on meter
size.
The
KCA supports the following proposed exceptions for meter applicants who were
disadvantaged by being on the waiting list for years and unable to purchase
meters previously:
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Payment of the 1993 fee for everyone on the list as of
October 31, 2001, up to three lots.
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Half-price fee for accessory dwellings, unless and until
sold.
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Extension from two months to 36 months before a penalty fee
is imposed for a meter removed for delinquency.
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Extension from one year to three years for an applicant to accept
installation of service.
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Installment payments for qualified applicants.
The
KCA supports a simple method to periodically adjust the fees based on an
appropriate index and analysis. The adjustment of the fee schedule should be
noted in the rule.
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Periodic adjustments in the fee will allow the Board of
Water Supply to keep pace with costs and avoid the enormous, dramatic price
increase now necessary.
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Announcing the regular planned adjustments and including
appropriate language in the rule will give proper notice and make the process
automatic, avoiding procrastination and politicization.��
�Water Meter Issuance
Rule for Upcountry Water System
A
rule to manage issuance of meters for the Upcountry water system is essential.
The present situation is unfair to the hundreds who have waited for water for
years while hundreds of others have been issued meters. While the KCA supports
the promulgation of a meter issuance rule, we have serious concerns, questions,
and suggestions regarding the proposed rule.
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How will the proposed rule prevent the current situation
where meters are issued to some while others wait on a list?
o The new rule
must have language that will prevent the current situation of meter applicants
who have �preexisting rights� or �detrimental reliance� �entitling� them to
water ahead of those on the waiting list.
�
How will notice of the 60 day limit be given to those who
are not on the waiting list but, prior to November 1994, expended funds or have
other rights entitling them to water?
o Every effort
must be made to notify those who may be entitled to water but did not submit
their names for the list.
�
How much water will be required for everyone on the list and
how will we know how many meters can be issued?
o This rule
should include a provision clearly stating that meters will be issued only if
source is adequate to maintain the safety, health, and economic well being of
all current and new users.
o The definition
of adequacy should be clarified, with a definition or formula approved by the
Board of Water Supply and incorporated in this rule.
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The proposed rule does not limit the number of meters that
can be issued for subdivisions. Section 16-106-04 allows subdivisions to be
issued as many meters as �the number of lots created by the subdivision�. This
could result in all available water being issued to subdivision applicants and
others who are in an early place on the list.
o Therefore, the
rule should provide for more than one cycle through the list and set a limit to
the number of meters issued for subdivision in each cycle, based on water
availability and applicants� requests.
�
The proposed rule does not refer to or recognize the
priorities for water - agriculture and Hawaiian Homelands - as stated in the
Pukalani-Makawao-Kula Community Plan?
o The so-called
�priority list� is a waiting list, with priority based only on chronology of
application.
o To address
priorities for water use, consideration must be given to some means of
establishing legally defensible set-asides or reserves of water for recognized
priorities.