o o · 2013-11-14 · LORETTA J. FUDDY, A.C.S.w., M.P.H. NEAL S. FUJIWARA LAWRENCE H. MilKE, M.D., J.D. WILLIAM M. TAM DEPUTY DIRECTOR Ref:wup.353,act This letter serves as your official

NEIL ABERCROMBIE GOVERNOR OF HAWAII

Mr. Richard Sterman Kaala View LLC

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STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96609

April 2, 2012

66-250 Kamehameha Highway Haleiwa, HI 96712

Dear Mr. Sterman:

Notice of Commission Action Continuing WUP No.353

WILLIAM J. AlLA, JR. CHAIRPERSON

WILLIAM D. BALFOUR, JR. SUMNER ERDMAN

LORETTA J. FUDDY, A.C.S.w., M.P.H. NEAL S. FUJIWARA

LAWRENCE H. MilKE, M.D., J.D.

WILLIAM M. TAM DEPUTY DIRECTOR

Ref:wup.353,act

This letter serves as your official notice of action taken by the Commission on Water Resource Management (Commission) on the subject water use permit. Following a review of all water use permits in the Waialua Aquifer System Area for potential revocations of amounts allocated but showing four years of non-use, by a unanimous vote of the Commission at their meeting on February 15,2012 the Commission took action on Water Use Permit No. 353 as follows: approved the continuance of this permit and its transfer to Kaala View LLC with the existing allocation of 0.072 mgd, subject to revocation within 90 days unless the following conditions are met:

1. Continue the allocation of 0.072 mgd for irrigation. 2. The well site shall be cleared of overgrown vegetation and maintained. 3. A well construction permit shall be submitted by a licensed contractor to modify the

wellhead to control flow and meter water use. 4. An end use "footprint" map shall be submitted.

Enclosed is your new Water Use Permit No. 951, with standard conditions and the above special conditions.

Please submit photos of the completed clearing. A licensed contractor should file the application to modify the wellhead and complete the work.

Water use from the Lopez 1 Well (Well No. 3406-16) shall be recorded monthly to the Commission, to commence immediately and be reported annually. It is understood that initial measurements will be estimates.

Cl:ss

If you have any questions, please contact Charley Ice of Commission staff at

Sincerely,

WILLIAM M. TAM Deputy Director

Enclosure: Water Use Report Form

------------------------------~."""-.-.... --,~.

SENDER: CtW;PLETE T:flS SECTION

• Complete I~ems 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired.

• Print your name and address on the reverse so that we can return the card to you.

• Attach this card to the back of the mail piece, or on the front If space permits.

1. Article Addressed to:

NJr. Richard Sterman Kaala View LLC 66-250 Kamehameha Highway H~_a, HI 96712

Is delivery address different from Item 1?

If YES, enter delivery address below:

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PS Form 3811, February 2004 Domestlo Return Receipt 102595-02-M·1540

UNITED STATES POSTAL SERVICE IIIIII First-Class Mail Postage & Fees Paid USPS Permit No. G-10

• Sender: Please print your name, address, and ZIP+4 in this box •

G;,~L~;·,~~SSlC:!'J G~! V/tITER RESOURCE r~~AN}"!,Gr.rr.~~1T L ~i. h~x en i; ''')J;l:~d! HG~',12H f~(\~~

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o NEIL ABERCROMBIE

GOVERNOR OF HAWAII

o WILLIAM J. AI LA, JR.

CHAIRPERSON

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April 2, 2012

U S postal Service 111

CE·RTIFIED MAIL·, RECEIPT


LOREnA J. FUDDY, AC.S.w., M.P.H. NEAL S. FUJIWARA

LAWRENCE H. MilKE, M.D, J.D.


951.wup

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APRpoSllnik 2012 Here

3 to WUP No. 951) for Well No. 3406-16 anagement Area, Oahu

66-250 Kamehameha Highway Haleiwa, HI 96712 )ez Well 1 (Well No.3406-16) for use of 0.072

~-AUVJlUU moving average basis that was initially CommISSIOn on Water Resource Management (Commission) on November 16,

1 , and confirmed on February 15,2012. As part of the Commission's approval, the following special conditions were added and are part of your permit under Standard Permit Condition 19:

Special Conditions

1. The well site shall be cleared of overgrown vegetation and maintained.

2. A well construction permit application shall be submitted by a licensed contractor to modify the wellhead to control flow and meter water use.

3. An end use "footprint" map shall be submitted.

Enclosed with this letter of approval are the following: . 1. Your water use permit 2. Your official annual water use report form

Please be sure to read the conditions of your approved permit.

____________________________ 1I1,....1!!1iI<~'""""""""" ,

Mr. Richard Stennan Page 2 April 2, 2012

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We draw your attention to two key conditions of your pennit that require your response. First, you are required to keep a record of your monthly total pumpage, water level, salinity, and water temperature. This information must be submitted to the Commission on a regular annual basis using the enclosed water use report fonn. You should make copies of the enclosed report fonn as needed.

Second, you are required to submit a water shortage plan to the Commission within thirty (30) days of the issuance date of this pennit. Your water shortage plan simply identifies what you are willing to do should the Commission declare a water shortage situation in the Waialua Ground Water Management Area and can be as short as a one page letter. In a water shortage situation, the Commission may require temporary reductions in pumpage from all sources. The Commission is required, by law, to fonnulate a plan to implement such area-wide reductions, which should accommodate, include, and be consistent with your plans. Therefore, your help, by submitting your water shortage plan, is greatly needed in fonnulating the Commission's overall Water Shortage Plan.

If you have any questions, please call Charley Ice of the Commission staff at

Sincerely,

w~ /Jc/\. WILLIAM J. AILA, JR. lO Chairperson

Attachments: WURFonn

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STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

P.O. BOX 621 HONOLULU, HAWAII 96809

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GROUND WATER USE PERMIT WUPNO.951

PERMITTEE

PermitteelWater User Landowner of Source

Address Kaala View LLC Address

66-250 Kamehameha Highway

Haleiwa, HI 96712

PERMITTED SOURCE INFORMATION

Island

Water Management Area

Aquifer Sector

Aquifer System

System Sustainable Yield

Well Name

State Well No.

Oahu

North

Waialua

25

Lopez WeIll

3406-16

PERMITTED USE INFORMATION

Reasonable beneficial use

Withdrawal (12 month moving ave.)

Location of water use

TMK(s) #

State land use classification

County zoning classification

Agricultural

0.072

(1) 6-6-015 :004

Agriculture

AG-I

Kaala View LLC

66-250 Kamehameha Highway

Haleiwa, HI 96712

Mgd (million gallons per day)

Pursuant to Hawaii's State Constitution, Article XI, Section 7, Hawaii Revised Statutes, Chapter 174C; Hawaii Administrative Rules, Chapters 13-167 through 13-171; and Hawaii decisional law and custom, the pennittee is hereby authorized to use ground water from the sources and in the amount and from and upon the locations described above; subject however, to the requirements of law including but not limited to the following conditions:

____________________________________ r

e

'""!! ... ""-1"'-'

GROUND WATER USE PEa o Page 2

Kaala View LLC, Well No. 3406-16, WUP No. 951

1. The water described in this water use permit may only be taken from the location described and used for the reasonable beneficial use described at the location described above. Reasonable beneficial uses means "the use of water in such a quantity as is necessary for economic and efficient utilization which is both reasonable and consistent with State and County land use plans and the public interest." (HRS § 174C-3)

2. The right to use ground water is a shared use right.

3. The water use must at all times meet the requirements set forth in HRS § 174C-49(a), which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defmed in HRS § 174C-3; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with State and County general plans and land use designations; f. Is consistent with County land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as provided in

section 221 of the Hawaiian Homes Commission Act and HRS § 174C-101(a).

4. The ground water use here must not interfere with surface or other ground water rights or reservations.

5. The ground water use here must not interfere with interim or permanent instream flow standards. If it does, then:

a. A separate water use permit for surface water must be obtained in the case an area is also designated as a surface water management area;

b. The interim or permanent instream flow standard, as applicable, must be amended.

6. The water use authorized here is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and submittal, as amended, approved by the Commission at its February 15,2012 meeting are incorporated into this permit by reference.

8. Any modification of the permit terms, conditions, or uses may only be made with the express written consent of the Commission.

9. This permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. protect the water sources (quantity or quality); b. meet other legal obligations including other correlative rights; c. insure adequate conservation measures; d. require efficiency of water uses; e. reserve water for future uses, provided that all legal existing uses of water as of June, 1987 shall

be protected; f. meet legal obligations to the Department of Hawaiian Home Lands, if applicable; or g. carry out such other necessary and proper exercise of the State's and the Commission's police

powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a annual basis (attached).

-------------------------' ... ""'-~-."',

GROUND WATER USE PE£ o Page 3

Kaala View LLC, Well No. 3406-16, WUP No. 951

11. This permit shall be subject to the Commission's periodic review of the Waialua Aquifer System's sustainable yield. The amount of water authorized by this permit may be reduced by the Commission if the sustainable yield of the Waialua Aquifer System, or relevant modified aquiferes), is reduced.

12. A permit may be transferred, in whole or in part, from the permittee to another, if:

a. The conditions of use of the permit, including, but not limited to, place, quantity, and purpose of the use, remain the same; and

b. The Commission is informed of the transfer within ninety days.

Failure to inform the department of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer, which involves a change in any condition of the permit, including a change in use covered in HRS § 174C-57, is also invalid and constitutes a ground for revocation.

13. The use(s) authorized by law and by this permit do not constitute ownership rights.

14. The permittee shall request modification of the permit as necessary to comply with all applicable laws, rules, and ordinances that will affect the permittee's water use.

15. The permittee understands that under HRS § 174C-58(4), that partial or total nonuse, for reasons other than conservation, of the water allowed by this permit for a period of four (4) continuous years or more may result in a permanent revocation as to the amount of water not in use. The Commission and the permittee may enter into a written agreement that, for reasons satisfactory to the Commission, any period of nonuse may not apply towards the four-year period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section HRS § 174C-62 shall not apply towards the four-year period of forfeiture.

16. The permittee shall prepare and submit a water shortage plan within 30 days of the issuance ofthis permit as required by HAR § 13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Waialua Ground Water Management Area.

17. The water use permit shall be subject to the Commission's establishment of instream standards and policies relating to the Stream Protection and Management (SP AM) program, as well as legislative mandates to protect stream resources.

18. The permittee understands that any willful violation of any of the above conditions or any provisions of HRS § 174C or HAR § 13-171 may result in the suspension or revocation of this permit.

19. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

~~ ~ WILLIAM J. AILA, JR., Chairperson {t?\. Commission on Water Resource Management

Attachment: WUR form

-----------------------''''''''~-~-'''.

o "Richard Sterman II <richard@sterman .com>

02115/201201:02 AM Please respond to

Thanks Charley,

I won't be able to attend ...

o To <

cc

bcc

Subject Sterman (Kaala View LLC) Properties

However - we fully intend to comply with the 4 requirements ...

And - our Organic Farmer has started using the well water recently ... trying to get a Flow Meter for his usage.

7 I am also wondering about the wildlife impact that any capping or reduction of water flow would have on the ponds downstream from our well.

CfmtJ~) The stream water somehow fills several ~rs (seen as squares and rectangles in these photos) and many varieties of fish and wildlife are supported by the water.

Drying up these beds of water and ponds might be detrimentaL .. in my opInIon.

Also - the regular farmer has allowed a sub-farmer to do some Aqua-Farming ... although I'm not sure of what's being harvested or fished from those ponds.

THANKS,

Richard

o

o

Richard D. Stennan (R) Sterman Realty Owner fP .B./e-flRO,RealtDr

66-2S0KantHwy. D-1OO Haleiwa" HI 96712 WWW.stErman.com

From: [email protected] [mailto:[email protected]] Sent: Friday, February 10, 2012 10:02 AM

o

To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected] Subject: Water Commission Submittal - Waialua Water Use Permits

Commission on Water Resource Management

Meeting: Wednesday, February 15,2012 (9:00 a.m.)

Review of Water Use Permits

Partial and/or Complete Revocations Waialua Ground Water Aquifer System Area, Waialua, Oahu

On February 15,2012, the Commission on Water Resource Management (Commission) will meet and review all water use permits in the Waialua Ground Water System Area. Enclosed is a copy of the staff submittal recommending partial or complete revocation or continuation of existing ground water use permits. Your well is

among those which will be reviewed and acted upon.

You are invited to attend and discuss your wells. The meeting is sched,uled for 9:00 a.m. in the DLNR Board

Room 132, 1151 Punchbowl Street, Honolulu, Hawaii.

This meeting follows a review of all water use permits, information available in the public record, and field visits. Many of the ground water use permits date back to 1981 when the Waialua Ground Water Control Area was designated by the Board of Land Natural Resources. Many wells are old. Much of the water use approved at that time was for plantation agriculture, which has subsequently ceased Unused allocations need to be revoked to make ground water available for new uses. The Commission will consider wellhead conditions for old wells in order to

meet current standards for protecting ground water.

If you have any questions, please contact Charley Ice of our staff at

III Kaala View Aerial 3 B a}l.l PG.J PG

o o nRichard Sterman" <richard@sterman .com>

To

cc 02/15/201201:07 AM

Charley ...

Please respond to

bcc

Subject

Here is one more photo that shows, maybe a little more clearly, the Aqua Farming that was there when we bought the property ...

And - the farmer is now allowing several people continue that operation ...

Just thought you might like to see this for a better understanding.

THANKS!

Richard

Richard D. Stennan (R) Slerman Realty OwnerfP.B.~O~ealmr

richardOstBman.axn 66-250 Kant Hwy. {}-1OO Haleiwa, HI 96712 www.staman.<Dm

From: [email protected] [mailto:[email protected]] Sent: Friday, February 10, 2012 10:02 AM To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected] Subject: Water Commission Submittal - Waialua Water Use Permits

o Commission on Water Resource Management

Meeting: Wednesday, February 15,2012 (9:00 a.m.)

Review of Water Use Permits

Partial and/or Complete Revocations Waialua Ground Water Aquifer System Area. Waialua. Oahu

On February 15,2012, the Commission on Water Resource Management (Commission) will meet and review all water use permits in the Waialua Ground Water System Area. Enclosed is a copy of the staff submittal recommending partial or complete revocation or continuation of existing ground water use permits. Your well is

among those which will be reviewed and acted upon.

You are invited to attend and discuss your wells. The meeting is scheduled for 9:00 a.m. in the DLNR Board

Room 132, 1151 Punchbowl Street, Honolulu, Hawaii.

This meeting follows a review of all water use permits, information available in the public record, and field visits. Many of the ground water use permits date back to 1981 when the Waialua Ground Water Control Area was designated by the Board of Land Natural Resources. Many wells are old. Much of the water use approved at that time was for plantation agriculture, which has subsequently ceased Unused allocations need to be revoked to make ground water available for new uses. The Commission will consider wellhead conditions for old wells in order to

meet current standards for protecting ground water.


Kaala View Aerial 3 Ba}l.lPG.JPG

· . os a ervice In

CERTIFIED MAIL" RECEIPT r:O Cl (Domestic Mail Only; No Insurance Coverage Provided)

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~ Totel Poetege & Fees $ - '1 (' L,..:;.._--"~""';""'<-J


Postmark 2 FE~erd\ 0 2m

66-250 Kamehameha Highway Haleiwa, HI 96712

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1. Article Addressed to:

Mr. "Richard Sterman Kaala View LLC 66-250 Kamehameha Highway Haleiwa, HI 96712

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NEIL ABERCROMBIE GOVERNOR of HAWAII

CERTIFIED MAIL

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COMMISSION ON WATER RESOURCE MANAGEMENT po. BOX 621


February 10,2012

RETURN RECEIPT REQUESTED

Mr. Richard Sterman Kaala View LLC 66-250 Kamehameha Highway Haleiwa, HI 96712

Dear Mr. Sterman:

Commission on Water Resource Management Meeting: Wednesday, February 15,2012 (9:00 a.m.)

Review of Water Use Permits Partial and/or Complete Revocations

Waialua Ground Water Aquifer System Area, Waialua, Oahu

WILLIAM J. AIlA, JR. CHAIRPERSON

WIlliAM D. BALFOUR, JR. SUMNER ERDMAN

LORETTA J. FUDDY, A.C.S.w., M.P.H. NEAL S. FUJIWARA

GLENN HONG LAWRENCE H. MilKE, M.D., J.D.


On February 15,2012, the Commission on Water Resource Management (Commission) will meet and review all water use permits in the Waialua Ground Water System Area. Enclosed is a copy of the staff submittal recommending partial or complete revocation or continuation of existing ground water use permits. Your well is among those which will be reviewed and acted upon.

You are invited to attend and discuss your wells. The meeting is scheduled for 9:00 a.m. in the DLNR Board Room 132, I 151 Punchbowl Street, Honolulu, Hawaii.

This meeting follows a review of all water use permits, information available in the public record, and field visits. Many of the ground water use permits date back to 1981 when the Waialua Ground Water Control Area was designated by the Board of Land Natural Resources. Many wells are old. Much of the water use approved at that time was for plantation agriculture, which has subsequently ceased. Unused allocations need to be revoked to make ground water available for new uses. The Commission will consider wellhead conditions for old wells in order to meet current standards for protecting ground water.


CI:ss Enclosure (Submittal)

Sincerely,

td~ WILLIAMM. TAM Deputy Director

__ I

-L

NEIL ABERCROMBIE GOVERNOR OF HAWAII

o Q



CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. Richard Stennan 66-250 Kamehameha Highway Haleiwa, HI 96712

Dear Mr. Stennan:


August 1,2011

20-Year Water Use Penn it Review and Current Water Use Reporting Water Use Pennit No. 353 (Well No. 3406-16)

WILLIAM J. AILA, JR. CHAIRPERSON


LOREnA J. FUDDY, AC.S.W., M.P.H. NEAL S. FUJIWARA



A Water Use Pennit for 72,000 gallons per day (gpd) was approved for a previous tenant by the Commission on Water Resource Management (CommIssIOn) on November 16, 1994. We are contacting you as the new land and well owner. As part of our recent 20-year review of water use pennits required by the State Water Code, we note that we have no water use reporting on this water use penn it allocation, Because the Commission adopted a revised lower aquifer sustainable yield estimates for the Waialua Aguifer System Area in 2008, it has become necessary for us to do a full accounting of water use from thIS aquifer before accommodating new use applications. .

The first step in this process is to receive accurate water use reporting from all users. The Water Code p'rovides that all well owners or operators shall report their water use on a monthly basis (HAR 13-168-7(b », and the existing water use penn it for this well requires a flow meter to be installed for this purpose. A field investigation could not be arranged for this well and property to verify use and pennit conditions.

Please submit a historic record of any water use (all past records) within 60 days, and commence reporting on the fonn provided. In the absence of water use reporting, our assumption would be that the use is zero, and therefOre to recommend total revocation. No unpennitted pumping in this designated water management area is allowed by law. The fonner pennit holder may transfer this pennit to a subsequent water user. If there is a change in use, or a new user, the Water Code requires that the user file an application for a water use permit. If the well is not to be used, it should be capped and locked or pennanently sealed.

In addition, please be aware that the Honolulu Board of Water Supply (BWS) is initiating the development of a Watershed Management Plan for the North Shore region. Development of a Watershed Management Plan by the BWS is a separate initiative, and not directly related to the Commission's review and accounting of water use in the Waialua Aquifer System Area. However, your water use reports will also aid BWS in the development of their plan, and a representative of the BWS may be visiting you as part of their plan development.

We appreciate your consideration and prompt response in this matter. If you have any questions, please contact Charley Ice of our staff at

CI:ss Enclosure

V~ WILLIAM M. TAM Deputy Director

Search Results

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Search criteria: TMK Taxkey 1-6-6-15-4

PUBLIC RECORD DATA

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Page 1 of I

Taxkey Subdiv/CondoTnrAddressOwner/Lessee Bds Bths Land areaLiv area Last Salelnstr PricE rel-6-6-15-4Haleiwa F 66-341- KAALA VIEW 0 1 16.12 ac 7045/23/2005DEED$950,00(

B AUKAI LLC LN

This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is therefore not uaranteed.

Copyright ©4/2B/2011 by Hawaii Information Service

http://web08.hawaiiinformation.com/REsearch/HIS/Search/search ]UB.asp?NOCACHE= 130403 4/28/2011

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o o State of Hawaii

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

Honolulu, Hawaii

November 16, 1994

Chairperson and Members Commission on Water Resource Management State of Hawaii Honolulu, Hawaii

Gentlemen:

Applicant:

A.J. Lopez Sons, Inc. 1729 Kilohi Street Honolulu, HI 96819

Background

A.J. Lopez Sons, Inc. Application for Water Use Permit

Lopez No.1 Well (Well No. 3406-16) Waialua Ground Water Management Area. Oahu

Landowner:

Same

On August 18, 1994, the applicant filed a well registration/water use declaration form and an application for water use permit. Specific information regarding the source, use, notification, objections, and field investigation is provided in Attachment A and the attached exhibits.

Analysis & Issues

This existing source is a modified spring approximately 6 feet in diameter and 8 feet deep. According to the well registration information, this well was constructed around 1935 by the landowner. Water is pumped at a rate of 300 gallons per minute for 4 hours each day and used to irrigate 13 acres of truck crops.

By the following analysis, staff finds that this proposed permit meets each of the seven (7) criteria set forth in HRS 174C-49(a) Conditions. for a permit:

(1) Water availability - The request is for an allocation of 72,000 gpd of water from the Waialua Aquifer System, which has a sustainable yield of 40 million gallons per day (mgd). Although actual system withdrawals average about 17.39 mgd, based on the latest reports of monthly water use, 39.866 mgd of the aquifer's sustainable yield has been allocated. Table 1 provides a breakdown of permitted uses in relation to actual reported usages. The 134,000 gpd of water available for allocation is sufficient to accommodate this use. There are no other pending applications for water use permits.

AGENDA 1 ITEM 3

_. · . o

Chairperson and Members November 16, 1994 Commission on Water Resource Management

TABLE 1

Poamoho A 0.600 NA (3205-02)

Pump 10 i\"o 5.000 0.719 (3306-01 to 12) v

Pump 2 f;» 4.370 3.700 (3307-01 to 06 & 08 to 10)

u) , .

Pump 2A l) 4.450 0.362 (3307-07 & 11 to 14)

\,.)1 .. ,

Pump 17 lD 8.630 3.485 (Well No. 3404-02)

Waialua 1.730 1.670 , (3405-01 & 02)

Haleiwa 1.000 0.341 (3405-02 to 04)

Pump 9 ( l" 0.160 0 (3406-02)

\)J-)

Kawamata 0.100 no report (3406-03)

Kunihiro 0.200 no report (3406-06)

Gora 0.144 no report (3406-08)

Pump 1 hlfi 2.330 1.256 (3407-04 to 06,14,15)

'S

Lopez 0.200 no report (3407-02)

Mill Pumps \j"L)'v'> 4.630 4.823 (3407-07 to 10,16,17,20,21)

Pump 7 \. ,. 3.110 0.439 (3407-11,12,18,19)

'-'J"\ \

Pump 3 ,l.)." 1.552 0.568 (3505-01 to 20)

\ .

Pump 8 jl, vI) 1.660 0.026 (3506-03 to 04)

\)

TOTAIS 39.866 17.389

"'js . ~?lrv lIS . y~\~

I) \ .>

2

o o Chairperson and Members

November 16, 1994 Commission on Water Resource Management

(2) ~easonable-be~eflcial - !he well has no meter. The quantity of water needed is estimated by !Ime and capacity. ~ypI~ally, water is applied by drip method twice a day for 2 hours. The Installed pump capacity IS 300 gpm. The 72,000 gpd estimate is in line with the guidelines developed by the Dept. of Agriculture for crop requirements.

(3) Interference with other existing legal uses - This use has been continuous since at least 1990. There has been no comments or concerns raised. All water use permits are subject to reduction should interference with other legal uses be established.

(4) PubUc interest - Use of water for agricultural purposes is declared to be in the public interest.

(5) State & county &eneral plans and land use designations - This proposed use has been shown to be consistent with the state and county general plans and land use designations. No objections to this application were raised following review of this application by other divisions of the State Dept. of Land and Natural Resources and the County Dept. of Planning, Board of Water Supply, and Office of the Mayor.

(6) County land use plans and policies - This proposed use has been shown to be consistent with county land use plans and poliCies. The Office of the Mayor, City & County of Honolulu, BWS, and the De~artments of Planning and Land Utilization support this use of water.

, (7) Interference with Hawaiian home lands rights - All permits are subject to the prior rights of

Hawaiian home lands. The Dept. of Hawaiian Home Lands (DHHL) and the Office of Hawaiian Affairs have reviewed this application. No comments or objections have been raised.

IWCOMMENPATION

Staff recommends that the Commission approve the issuance of an interim water use permit to A.J. Lopez Sons, Inc. for Lopez No.1 Well (Well No. 3406-16) for the reasonable and beneficial use

~ of 72,000 gallons per day of fresh water from the Waialua Aquifer System for agricultural use for 13 acres of truck crops, subject to the standard water use permit conditions listed in Attachment B and the following special condition:

a. The applicant may submit annual reports of monthly water use.

Attach.

APPROVED FOR SUBMITf AL:

Respectfully submitted,

(IW1~TJU-.fr: RAE M. LOUI Deputy Director

3

o o Chairperson and Members November 16, 1994 Commission on Water Resource Management

WATER USE PERMIT PETAlLED INFORMATION

Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending complete applications:

Waialua System, North Sector, Oahu 40mgd

39.866 mgd 0.134 mgd

Omgd

WELL: Location: Year Drilled: Casing Diameter:

Elevations (msl = 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of. Open Hole:

Total Depth: Grouted Annulus Depth:

Pump Capacity

Tot~ Depth

....

. , , I I I

Lopez No.1 Well (Well No. 3406-16) Aukai Lane, Haleiwa, Oahu, TMK:6-6-15:04

1935 6 ft.

1 ft. 5 ft.

-NA ft. NA ft.

-3 ft.

8 ft. NA ft.

300 gpm

.--+---f

.. '1 ouledlllWi

.. wot

.... ,

.... ,.

.... 1.

Use Information

1. Lopez Well (Well No. 3406-16) Quantity Requested: 72,000 gallons per day. Type of Water Use: Agriculture Place of Water Use: Aukai Lane, Haleiwa, Oahu, TMK: 6-6-15:04 Reported Water Usage:

Waialua Aquifer System Current 12-Month Moving Average Withdrawal:

ATTACHMENT A

72,000 gpd

17.389 mgd (43% of SY)

\,

· . o o Chairperson and Members Commission on Water Resource Management

November 16, 1994

Nearby Surrounding Wells and Other Registered GrQund Water Use

There are 34 other wells within a mile of the well (see Exhibit 1). Eighteen of these wells are in use. The 1992 Draft of the Oahu Water Management Plan estimated that the existing withdrawal from the Waialua Aquifer System is 18.2 mgd as of 1990.

Public Notice

In accordance with HAR §13-171-17, a public notice was published in the Star-Bulletin on September 12 and 19 1994 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by October 3, 1994.

Objections

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by October 3, 1994.

To the best of staff's knowledge there are no objectors who have property interest within the Waialua Aquifer System or who will be directly and immediately affected by the proposed water use.

Fjeld Inyestigation

A field investigation on September 17; 1994 confirmed the registration information and verified the need for a water use permit.

ATIACHMENT A

· ,

"

o o Chairperson and Members Commission on Water Resource Management

November 16, 1994

wup NO.~~ STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR §13-171-2).


3. The water use must at all times meet the requirements set forth in HAR §13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consiste~t with county land use plans and policies; and g. Will not iq.terfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act and 174C-lOl(a), HRS.

4. The ground water use approved must not interfere with surface or ground water rights or reservations .

5. The ground water use approved must not interfere with interim or permanent instream flow standards or policies as determined by the Commission. If it does, then:



6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its November 16, 1994 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect water sources in quantity, quality, or both; b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as of June

1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the - and provide the permittee an opportunity to be heard.

JUnd water source does not presently exist, the new well shall be completed, i.e. able caw water for the proposed use on a regular basis, within twenty-four (24) months

e date the water use permit is approved.

ATIACHMENT B

o

. \

,\,\\\ /\ .... -

. ,

o Chairperson and Members Commission on Water Resource Management

November 16, 1994

11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Waialua Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR §13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR §13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights .

15. The permittee shall comply with all applicable laws, rules, ordinances, and other agencies' permits and conditions pertaining to water use or the water resource.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR §13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Waialua Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to HAR §13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

19. The water use permit shall be subject to the Commission's establishment of instream standards and policies to Stream Protection and Management (SPAM), as well as legislative mandates to protect stream resources.

ATIACHMENT B

o o

D

MEMORANDUM FOR THE RECORD

FROM: Lenore Nakama SUBJECT: Water Conservation Letter

9/8/03 Anthony Lopez called re: our 8/29/03 letter. He said he hasn't used the well for at least the last 2 years. They are thinking of selling the property. Mr. Lopez or the new owners (if the land is sold) may still need to use the well water.

LINDA LINGlE GOVERNOR OF HAWAII

«AP NAME» «AP ADD RES»

o o


COMMISSION ON WATER RESOURCE MANAGEMENT P,O, BOX 621


August 29,2003

«AP _CITY», HI «AP _ZIP»

Dear Water User:

Notice of Drought Conditions and Request for Voluntary Water Conservation

PETER T, YOUNG

MEREDITH J, CHING CLAYTON W. DELA CRUZ

JAMES A FRAZIER CHIYOME L FUKlNO, M,D, STEPHANIE A WHALEN

ERNEST Y,W, LAU DEPUTY ~ECTOR

As you are probably aware, Hawaii has experienced drought conditions for the past five years. Although Oahu's aquifers have improved due to rainfall over the past few months, they have not yet fully recovered. Earlier this month, the Honolulu Board of Water Supply called for voluntary restrictions in lawn watering, hoping to achieve a 10 percent reduction in municipal water use. Last week, Governor Linda Lingle issued a proclamation declaring that serious drought conditions presently exist throughout the State of Hawaii and are anticipated to continue for an extended period. '

Given these dire predictions, we are writing to water use permittees in ground-water management areas to request that you also voluntarily reduce your current level of water use by 10 percent. If everyone does their part to conserve water and prevent excessive waste, we hope to avoid possible mandatory restrictions, loss of well capacities, and potential damage to ground-water resources due to salt-water intrusion.

The Water Commission is monitoring aquifer conditions across the state. If you are currently experiencing any problems with your ground-water source as a result of the drought, please contact us. (Our email address is [email protected].) Also, please do not forget to submit your monthly reports of water use. Water use information is essential to understanding, managing, and protecting our precious water resources.

Lastly, it would be a good idea to review your individual water shortage plan. Your water shortage plan simply identifies what you are willing to do in the event of a serious water shortage, and it is your opportunity to provide input to the Commission in advance of a serious shortage situation in which mandatory restrictions may be imposed.

If you have any questions, please call

Sincerely,

ERNEST Y.W. LAU Deputy Director

LINDA LINGlE GOVERNOR OF HAWAII

o o



HONOlULU,HAVV~1 ~

August 29, 2003

HANOHANO ENTERPRISES, INC 53-594 KAM HWY. HAUULA, HI 96717

Dear Water User:

Notice of Drought Conditions and Request for Voluntary Water Conservation

PETER T. YOUNG ~

MEREDITH J. CHING ClAYTON VV. DELA CRUZ

JAMES A. FRAZIER CHIYOME L. FUKlNO, M.D. STEPHANIE A. VVHAlEN

ERNEST YW. lAU D!I'IIT'I'.-cTOII

As you are probably aware, Hawaii has experienced drought conditions for the past five years. Although Oahu's aquifers have improved due to rainfall over the past"few months, they have not yet fully recovered. Earlier this month, the Honolulu Board of Water Supply called for voluntary restrictions in lawn watering, hopmg to achieve a 10 percent reduction in municipal water use. Last week; Governor Linda Lingle issued a proclamation declaring that serious drought conditions presently exist throughout the State of Hawaii and are anticipated to continue for an extended period.

Given these dire predictions, we are writing to water use permittees in ground-water management areas to request that you also voluntarily reduce your current level of water use by 10 percent. If everyone does their part to conserve water and prevent excessive waste, we hope to avoid possible mandatory restrictions, loss of well capacities, and potential damage to ground-water resources due to salt-water intrusion.

The Water Commission is monitoring aquifer conditions across the state. If you are currently experiencing any problems with your ground-water source asa result of the drought, please contact us. (Our email address is dlnr _ [email protected].) Also, please do not forget to submit your monthly reports of water use. Water use information is essential to understanding, managing, and protecting our precious water resources.

Lastly, it would be a good idea to review your individual water shortage plan. Your water shortage plan simply identifies what you are willing to do in the event of a serious water shortage, and it is your opportunity to provide input to the Commission in advance of a serious shortage situation in which mandatory restrictions may be imposed.

If you have any questions, please call

Sincerely,

t,?,._ ,_ r./L I ~ ~~-{)~.w.~

ERNEST Y.W. LAU Deputy Director

o o All written testimonies submitted at the meeting are filed in the Commission office and are available for review by interested parties.

AGENDA 1 ITEM 1 MINUTES OF OCTOBER 19. 1994

ITEM 2

ITEM 3

ITEM 4

ITEMS

A correction was made to delete approval of the Minutes of September 28, 1994 from the agenda. These minutes were already approved at the October 19th meeting.

Unanimously approved as amended (Nobriga/Nakata).

OLD BUSINESS/ANNOUNCEMENTS

None.

A.J. LOPEZ SONS. INC •• APPUCATION FOR WATER USE PERMIT. LOPEZ NO.1 WELL CWELL NO 3406-16). WAIALUA GROUND WATER MANAGEMENT AREA. OAHU

Unanimously approved (Nakata/Girald).

KUKUIULA DEVELOPMENT COMPANY. INC .. APPUCATION FOR A STREAM CHANNEL ALTERATION PERMIT. CONSTRUCI10N OF A CULVERT CROSSING. WAIKOMO STREAM. POIPU. KAUAI

Mr. David Higa amended staff recommendation to delete Recommendation 7. Since the drafting of the submittal the applicant produced a letter from the State Historic Preservation Division (SHPD) indicating that they have no objections to the project. The SHPD has done a survey and the applicant has complied with their original request.

Unanimously approved as amended (NobrlgalGirald).

JITTO HAWAQ DEVELOPMENT. INC. CMAKAHA VALLEY COUN1RY CLUB) RBOUEST FOR A STREAM CHANNEL ALTERATION PERMIT EXI'ENSION UNNAMED GULOf. MAKAHA VAlLEY. OAHU

Concern was expressed on the number of requests for extensions received for this project and if there is any guideline/policy limiting the number and time of extensions. Ms. Loui said there are no guidelines for stream channel alteration permits (SCAPs). The policy for well construction was looked at per Commission request. Staff reported that if the applicant showed good cause and that some effort has been made toward progressing on the project, the request was recommended for approval.

Mr. Ing asked for clarification if the project location was on the 18th or 8th green. Mr. Higa corrected the staff submittal because it it should be the 8th, not the 18th green.

Mr. Glen Koyama, representing the owners, stated that the archaeological report has been completed and accepted by the Historic Preservation Division. They have also just received their plan review use from the Council. Therefore, they have been working on getting the necessary permits to complete the project. Discussion followed on the progress of the project.

- 2 -

· - o o State of Hawaii

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

Honolulu, Hawaii

November 16, 1994

Chairperson and Members Commission on Water Resource Management State of Hawaii Honolulu, Hawaii

Gentlemen:

Applicant:

A.J. Lopez Sons, Inc. 1729 Kilohi Street Honolulu, HI 96819

Background

A.J. Lopez Sons, Inc. Application for Water Use Permit

Lopez No.1 Well (Well No. 3406-16) Waialua Ground Water Management Area. Oahu

Landowner:

Same

On August 18, 1994, the applicant filed a well registration/water use declaration form and an application for water use permit. Specific information regarding the source, use, notification, objections, and field investigation is provided in Attachment A and the attached exhibits.

Analysis & Issues

This existing source is a modified spring approximately 6 feet in diameter and 8 feet deep. According to the well registration information, this well was constructed around 1935 by the landowner. Water is pumped at a rate of 300 gallons per minute for 4 hours each day and used to irrigate 13 acres of truck crops.

By the following analysis, staff finds that this proposed permit meets each of the seven (7) criteria set forth in HRS 174C-49(a) Conditions for a permit:

(1) Water availability - The request is for an allocation of 72,000 gpd of water from the Waialua Aquifer System, which has a sustainable yield of 40 million gallons per day (mgd). Although actual system withdrawals average about 17.39 mgd, based on the latest reports of monthly water use, 39.866 mgd of the aquifer's sustainable yield has been allocated. Table 1 provides a breakdown of permitted uses in relation to actual reported usages. The 134,000 gpd of water available for allocation is sufficient to accommodate this use. There are no other pending applications for water use permits.

AGENDA 1 ITEM 3

o Chairperson and Members Commission on Water Resource Management

TABLE 1

Poamoho A (3205-02)

Pump 10 (3306-01 to 12)

Pump 2 V' (3307-01 to 06 & 08 to 10) \if>

Pump 2A (3307-07 & 11 to 14)

Pump 17 (Well No. 3404-02)

Waialua / (3405-01 & 02)

Haleiwa (3405-02 to 04)

Pump 9 (3406-02)

Kawamata (3406-03)

Kunihiro (3406-06)

Gora (3406-08)

Pump 1 \r~ \}l (3407-04 to 06,14,15)

Lopez (3407-02)

Mill Pumps V ~ ,-," (3407-07 to 10,16,17,20,21)

Pump 7 (3407-11,12,18,19)

Pump 3 (3505-01 to 20)

Pump 8 (3506-03 to 04)

TOTALS

2

o November 16, 1994

0.600 NA

5.000 0.719

4.370 3.700

4.450 0.362

8.630 3.485

1.730 1.670

1.000 0.341

0.160 o

0.100 no report

0.200 no report

0.144 no report

2.330 1.256

0.200 no report

4.630 4.823

3.110 0.439

1.552 0.568

1.660 0.026

39.866 17.389

I~.)~


(2) Reasonable-beneficial - The well has no meter. The quantity of water needed is estimated by time and capacity. Typically, water is applied by drip method twice a day for 2 hours. The installed pump capacity is 300 gpm. The 72,000 gpd estimate is in line with the guidelines developed by the Dept. of Agriculture for crop requirements.

(3) Interference with other existineleeal uses - This use has been continuous since at least 1990. There has been no comments or concerns raised. All water use permits are subject to reduction should interference with other legal uses be established.

(4) Public interest - Use of water for agricultural purposes is declared to be in the public interest.

(5) State & county "eneTal plans and land use desiwations - This proposed use has been shown to be consistent with the state and county general plans and land use designations. No objections to this application were raised following review of this application by other divisions of the State Dept. of Land and Natural Resources and the County Dept. of Planning, Board of Water Supply, and Office of the Mayor.

(6) County land use plans and policies - This proposed use has been shown to be consistent with county land use plans and policies. The Office of the Mayor, City & County of Honolulu, BWS, and the De~artments of Planning and Land Utilization support this use of water.

I

(7) Interference with Hawaiian borne lands riebts - All permits are subject to the prior rights of Hawaiian home lands. The Dept. of Hawaiian Home Lands (DHHL) and the Office of Hawaiian Affairs have reviewed this application. No comments or objections have been raised.

RECOMMENDATION

Staff recommends that the Commission approve the issuance of an interim water UII permit to A.J. Lopez Sons, Inc. for Lopez No.1 Well (Well No. 3406-16) for the reasonable and beneficial use

~ of 72,000 gallons per day of fresh water from the Waialua Aquifer System for agricultural use for 13 acres of truck crops, subject to the standard water use permit conditions listed in Attachment B and the following special condition:

a. The applicant may submit annual reports of monthly water use.

Attach.

APPROVED FOR SUBMITTAL:

Respectfully submitted,

(IW1~TJU-fro RAE M. LOUI

Deputy Director

3


WATER USE PERMIT DETAILED INFORMATION

Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending complete applications:

Waialua System, North Sector, Oahu 40mgd

39.866 mgd 0.134 mgd

Omgd

WELL: Location: Year Drilled: Casing Diameter:

Elevations (msl= 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of. Open Hole:

Total Depth: Grouted Annulus Depth:

Pump Capacity

loti Depth

r-

~

I I I

I-

I I

Lopez No.1 Well (Well No. 3406-16) Aukai Lane, Haleiwa, Oahu, TMK:6-6-15:04

1935 6 ft.

1 ft. 5 ft.

-NA ft. NA ft.

-3 ft.

8 ft. NA ft.

300 gpm

~~

OIl

OIl

autedmU ,.

waf.-left!

Iv.

Iv.

t. sold cosi1g

1.perf.cosi1g

.... 1. open Ide

Use Information

1. Lopez Well (Well No. 3406-16) Quantity Requested: 72,000 gallons per day. Type of Water Use: Agriculture Place of Water Use: Aukai Lane, Haleiwa, Oahu, TMK: 6-6-15:04 Reported Water Usage:

Waialua Aquifer System Current 12-Month Moving Average Withdrawal:

ATTACHMENT A

72,000 gpd

17.389 mgd (43% of Sy)

· , o o Chairperson and Members November 16, 1994 Commission on Water Resource Management

Nearby SUrrounding Wells and Other Registered Ground Water Use

There are 34 other wells within a mile of the well (see Exhibit 1). Eighteen of these wells are in use. The 1992 Draft of the Oahu Water Management Plan estimated that the existing withdrawal from the Waialua Aquifer System is 18.2 mgd as of 1990.

Public Notice

In accordance with HAR §13-171-17, a public notice was published in the Star-Bulletin on September 12 and 19 1994 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by October 3, 1994.

Objections

The public notice specifies that an objector meet the following requirements: (1) state property or other interest iIi the matter; (2) set forth questions of procedure, fact, law, or policy, to

I

which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by October 3, 1994.

To the best of staff's knowledge there are no objectors who have property interest within the Waialua Aquifer System or who will be directly and immediately affected by the proposed water use.

Field Inyestigation

A field investigation on September 17, 1994 confirmed the registration information and verified the need for a water use permit.

ATTACHMENT A

o o Chairperson and Members Commission on Water Resource Management

November 16, 1994

STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR § 13-171-2).


3. The water use must at all times meet the requirements set forth in HAR §l3-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consiste~t with county land use plans and policies; and g. Will not iqterfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act and 174C-I0l(a), HRS.

4. The ground water use approved must not interfere with surface or ground water rights or reservations.

s. The ground water use approved must not interfere with interim or permanent instream flow standards or policies as determined by the Commission. If it does, then:



6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its November 16, 1994 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect water sources in quantity, quality, or both; b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as of June

1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. If the ground water source does not presently exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twenty-four (24) months from the date the water use permit is approved.

ATTACHMENT B


11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission'. periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Waialua Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR §13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR §13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights.

15. The permittee shall comply with all applicable laws, rules, ordinances, and other agencies' permits and conditions pertaining to water use or the water resource.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR §l3-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Waialua Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to HAR §13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

19. The water use permit shall be subject to the Commission's establishment of instream standards and policies to Stream Protection and Management (SPAM), as well as legislative mandates to protect stream resources.

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IHONOLULUI

Exhibit 1

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JEREMY HARRIS

MAYOR

o PLANNING DEPARTMENT o CITY AND COUNTY OF HONOLULU

650 SOUTH KING STREET

HONOLULU. HAWAII 96BI3

ROBIN FOSTER

CHIEF PLANNING OFFICER

ROLAND D. LIBBY. JR.

I

DEPUTY CHIEF PLANNING OFFICER

October 11, 1994

Honorable Keith Ahue, Chairperson Commission on Water Resource Management Department of Land and Natural Resources state of Hawaii P.o. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue:

Water Use Permit Application for A.J. Lopez Sons, Inc.

Well No. 3406-16

f..,':::> ... ; • • 0'1<'

'~i:;; ...... , ...(..I,)

..

Enclosed are comments from the Board of Water supply on the subject application. They were received after we transmitted our comments to you on September 21, 1994.

Should you have any questions, please call Eugene Takahashi of our staff at

Sincerely,

ROBIN FOSTER Chief Planning Officer

RF:lh

Enclosure

cc: The Honorable Jeremy Harris, Mayor (Reference Mayor's Control #19875)

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;. - o BOARD OF WATER SUPPLY

o JEREMY HARRIS. Mayor

CITY AND COUNTY OF HONOLULU

630 SOUTH BERETANIA STREET

WALTER 0 WATSON. JR. Chairman MAURICE H. YAMASATO. Vice Chairman SISTER M DAVIL YN AH CHICK. O.S.F. REX D. JOHNSON

HONOLULU. HAWAII 96843

TO:

FROM:

SUBJECT:

Octo her 3, 1994

ROBIN FOSTER, CHIEF PLANNING OFFICER PLANNING DEPARTMENT

MELISSA YJ. LUM FORREST C. MURPHY KENNETH E. SPRAGUE

KAZU HAYASHIDA Manager and Chief Engineer

KAZU HAYASHIDA, MANAGER AND CHIEF ENGINEER (c'1}BOARD OF WATER SUPPLY

WATER COMMISSION'S LETTER OF SEPTEMBER 6,1994 REGARDING A. J. LOPEZ SONS, INC.'S WATER USE PERMIT APPLICATION FOR WELL NO. 3406-16

Thank you for the opportunity to comment on this application. We have no objections to this permit.

If you have any questions, please contact Herbert H. Minakami at

cc: Jeremy Harris, Mayor

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Purl' Water. __ lila,,',; greatest need -- /lse it wisely

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State of Hawaii DEPAR NT OF lAND AND NATIJRAL RESOURCES SEP 0 j 3:; p~ '}i

Commission on Water Resource Management Honolulu, Hawaii

SEP -6 1994

TO: Aquatic Resources

FROM:

SUBJECf:

Forestty and Wildlife/Natural Area Reserve System

U>nsE!JYclOO .. ' and Environmental Affairs State Parks Water and Land Development

Rae M. Loui, Deputy Directo~

Request for Comments \ .., Water Use Permit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and comment is a copy of a water use permit application for AJ. Lopez Sons, Inc.. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.

We would appreciate your review of the attached application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your division only. Please return this cover memo form by October 3. 1994.

If you have any questions regarding this application, please contact Lenore Nakama at

LN:ss AttachmentCs)

(:-:.' ';::? ... ,f::;, ...

------------------------------~~--:~;;1::: Response: !;::i:~'

C) We have no comments ( ) We have no objections C ) Comments attached ( ) Additional infonnation requested ( ) Extended review period requested

Contact person: C. ~c...: ( S ~ -rn .5

Signed: ~~ ~ Phone:

Date:

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CD

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Oahu District Office has no obj ection provided that the applicant obtain the required Federal, state and County permits prior to initiating the proposed work and that the ground water application have no adverse affect on the adjacent Paukauila stream or properties.

Should you have any questions, please call John Dooling at

o o State of Hawaii

,0 ''''<,/

DEPARTMENT OF LAND AND NATURAL RESOURCES Commission on Water Resource Management

Honolul~ Hawaii ; J~;o

TO:

FROM:

SUBJECT:

SEP -6 1994

Aquatic Resources Forestry and Wildlife/Natural Area Reserve System Historic Preservation Land Management Office of Conservation and Environmental Affairs State Parks Water and Land Development


Request for Comments \ ~ Water Use Permit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and comment is a copy of a water use permit

,tP

application for 0. Lopez Sons. Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.



LN:ss Attachment(s)

Signed:~ __ ~ ________________ +-________ __

Phone: ______ ~ ____ ~

OCT 7 '''f"lA Date: _______ _

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.... ,.

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------------------~----------------------------------------------,---

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o o BOARO OF WATER SUPPLY JEREMY HARRIS, Mayor

CITY AND COUNTY OF HONOLULU

630 SOUTH BERETANIA STREET

e:",-, ":: ;WAlJER O. WATSON, JR, Chairman .' MAl1Rl9E H. YAMASATO, Vice Chairman

SISTER M. DAVIL YN AH CHICK, O.S.F. REX D. JOHNSON


October 3, 1994

Mr. Keith Ahue, Chairperson Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii P. O. Box 621 Honol~ii 96809

Dear Mr. Ahue:

'-I Ml7LISSA YJ LUM AF~R~E~QjMURPHY KENNE~~SPRAGUE

KAZU HAYASHIDA ;ManagElT and Chief Engineer

Subject: Your Letter of September 6, 1994 Regarding A. J. Lopez Sons, Inc.'s Water Use Permit Application for Well No. 3406-16

Thank you for the opportunity to comment on this application. We have no objections to this permit and return the cover memo form accordingly marked.

If you have any questions, please contact Herbert H. Minakami at

Very truly yours,

~ KAZU HAYASHIDA Manager and Chief Engineer

Attachment

Pure Water . .. man's greatest need - use it wisely

••

-- f o o REC[P/ED

BD ,)F ~'Y."'IER SUPPLY JOHNWAIHEE

OOVERNOR OF HAWAII

SfP 7 if] 00 aH '9t/ KEITH W. AHUE

CHAIRPERSON

REF:WRM:SS

SEP .- 6 1934

TO:


COMMISSION ON WATER RESOURCE MANAGEMENT

P.O.80XSZI

1tOHOUA.U. HAWAII lI68OII

Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands

Dr. Peter A. Slbinsky, Director Department 0 Health

Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Affairs

Mr. Kazu Ha~hida, Manager & Chief Engineer Honolulu Board of Water Supply

Donald A. Clegg, Director Department of Land Utilization

Robin Foster, Chief Planning Officer Planning Department

FROM: '~eith w. Ahue, Chairperso~f.{AJC--0 ~mmission on Water Resol~~ r.fanagement

SUBJECf: Water Use Pennit Application Waialua Ground Water Management Area. Oahu

DR. PETER SYBINSKY ROBERT S. NAKATA

J. DOUGLAS INO, Esa. ROBERT O. GIRAlD

DAVID NOBRIGA

RAE M. lOUI, P.E. CXPUTY

Transmitted for your review and comment is a copy of a water use pennit application for AJ. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.

We would appreciate your review of the attached a~Elication for any conflicts or inconsistencies witli the programs, plans, or objectives specific to your organization or department only. please return thiS cover memo form by October 3. 1994.


LN:ss Attachment(s)

Response:

( ) We have no comments (x) We have no objections ( ) Comments attached ( ) Additional infonnation requested ( ) Extended review period requested

Contact person: Herbert H, MipakiU!!j

Signed: ~ ~ KAZU HAl HIDA Manager and Chief Engineer

Phone: lo Date:,_----J~-=--'1....:, __

•

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........ /

o o JOHNWAIHEE

OOVERNOR OF HAWAII

KEITH W. AHUE CHAIRPERSON

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REF:WRM:SS

SEP .- 6 1934

TO:

tA·· )



P.O. BOlt 621 HOHOUA.U.. HAWAII __


Dr. Peter A Srbinsky, Director Department 0 Health


Mr. Kazu Hayashida, Manager & Chief Engineer Honolulu Board of Water Supply

Donald A Clegg, Director Department of Land Utilization


FROM: ·~eith W. Ahue, Chairperso~~ -0 ~ion on Water Reso,,\'" .. .anagement

SUBJECT: Water Use Pennit Application Waialua Ground Water Management Area. Oahu


J. DOUGLAS INO, ESQ. ROBERT O. GIRALD

DAVID NOBRIGA

RAE M, LOUI, P.E. O€I'UTY

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,...... f'."';:" :.%: ~~

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Transmitted for your review and comment is a copy of a water use permit application for Al. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.

We wouid appreciate your review of the attached apElication for any conflicts or inconsistencies widt the programs, plans, or objectives specific to your organization or department only. Please return this cover memo (orm by October 3. 1994.

If you have any questions regarding this application. please contact Lenore Nakama at

LN:ss Attachment(s)

Response: ,." ....

'f::"\ r<' co

.0 r'i ,")

n ~ have no comments e have no objections

( Comments attached ( ) Additional information requested ( ) Extended review period requested

.:,:::'.. ,:'1 --.. Contact person:--.II~(/_r_5 __ ~:.-._M_a __ p1,....r_/....:;7_~_(/_& __

Signed: --j¥~~r.....::~:::::.-~=-=-~~~-=::... __ _

Phone: -0772d-/7' )h Date:

JEREMY HARRIS

o PLANNING DEPARTMENT o CITY AND COUNTY OF HONOLULU

650 SOUTH KING STREET


MAYOR

ROBIN FOSTER

CHIEF PLANNING OFFICER

ROLAND D. LIBBY. JR.

DEPUTY CHIEF PLANNING OFFICER .)

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September 21, 1994

',' . Honorable Keith Ahue, Chairperson Commission on water Resource Management Department of Land and Natural Resources State of Hawaii

I. ;'.'., ".~".-,

P.o. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue:

water Use Permit Application for A.J. Lopez Sons, Inc.

Well No. 3406-16

"".,

We have reviewed the subject application and have the following comments to offer:

.,,1,

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. -

The parcel identified as Tax Map Key 6-6-15: 04 is designated Agriculture on the North Shore Development Plan Land Use Map (DPLUM). The proposed farming operation is consistent with this designation.

We have no objections to the subject application.

Should you have any questions, please call Eugene Takahashi of our staff at

Sincerely,

ROBIN FOSTER Chief Planning Officer

RF:lh

. '\

---------------------,-_.,,"

TO:

o o State of Hawaii

DEPARTMENT OF LAND AND NATIJRAL RESOURCES Commission on Water Resource Management

Honolul~ Hawaii

SEP -6 1994

Aquatic Resources Forestry and Wildlife/Natural Area Reserve System Historic Preservation Land Management Office of Conservation and Environmental Affairs State Parks -

FROM:

SUBJECT:

Water and Land Development

Rae M. Loll, Deputy Directo~

Request for Conunents \ .... Water Use Permit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and conunent is a copy of a water use pennit application for AJ. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.



LN:ss Attachment(s)

Response:

( ) We have no conunents U-r We have no objections e'} Conunents attached ( ) Additional information requested ( ) Extended review period requested

Contact person:,_~....,....:::::::;=~::::...-.,c..7_~~~~_~~ __ _

Signed: ----~.t;;:;~:::;:;J.;;:::::~========""::..., ____ _

Phone: S ~

Date: ., (~ ((Il-

-' ..... rn

· .

JOHNWAIHEE GOVERNOR OF HAWAII

o o

STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

STATE HISTORIC PRESERVATION DIVISION 33 SOUTH KING STREET. 6TH FLOOR


September 13, 1994

KlUTH .uruB. CllAlIIPUION BOARO OF lAAD NG NATUIW. RE80UACE

DEPIITlE8

JOHN P. KEPPEJ.ERI DONA L. HAHAI(E ,

AQUACULTURE 0EVEl.0PMEHT PROGRAM

AQUATIC RE80UfICU CON$ERVATION NG .

ENVIRONMENTAL NFNRS CON~ATION NG

RE80UACES ENFORCEMENT CONVEYANCES

FORESTRY AND ~ HISTOfUC PRESERVATION

DIV.!~ . LAND M.&:NAGEMENr

MEMORANDUM :STATEP~ .•• ___ ..... x:L_ WATER~'y-'~NT

TO:

FROM:

SUBJECT:

Rae M. Loui, Deputy Director Commission on Water Resource Management

Don Hibbard, Administra~o~. I! Historic Preservation D1V1Slon

Application for water Use Permi for

LOG. NO : ~i~ 678\ ...... DOCIlO: 9JQ9EJl6\

. . .,., ..

... ,,\ \ " ....

A. J. Lopez Sons, Inc. for Well No. 3406-16 Paalaa Kai, waialua, O'ahu TMK: 6-6-15:004

Thank you for the opportunity to review this project. The applicant proposes to use water from an existing source. Since an approved permit will not authorize any ground disturbing activities we believe that there will be "no effect" on historic sites.

EJ: jk

JOHNWAIHEE OOVERNOR OF HAWAII

STATE OF HAWAII

o n --_ u /- f: T (; ,~_~ .'

!/O· . '- , .' " " t fEITH W. AHUE j.. CHAIRPeRSON

REF:WRM:SS

SEP ·-6 1934



r: DR. PETER SYBINSKY (J :: 0 i', ttfOBERT S. NAKATA

~ oj : Ii I :i~'OUGLAS lNG, ESQ. lOBERT G. GIRALD

DAVID NOBRIGA

P.O. BOX 621


RAE M. LOUI, P.E. DEPUTY

TO: Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands

Cfr;( RECENEO SEP C 8 1994

Dr. Peter A. Sybinsky, Director Department of Health


Mr. Kazu Hayashida, Manager & Chief Engineer Honolulu Board of Water Supply


Robin Foster, Chief Planning Officer PJanning Department

FROM: '~ith W. Ahue, Chairperso~.~ -G ~mmission on Water ReS01ce w.anagement

SUBJECT: Water Use Permit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and comment is a copy of a water use permit application for A.J. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.

We would appreciate your review of the attached application for any conflicts or inconsistencies witli the programs, plans, or objectives specific to your organization or p?-partment only. Please retwn this coyer memo form by October 3. 1994.


LN:ss AttachmentCs)

Response:

JCx) We have no comments C) We have no objections C ) Comments attached C ) Additional information requested C ) Extended review period requested

.. "

V'"

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Contact pe f--'~_""""''I'""''i"'I~Mooi!:--,-_Admi~...;·m.;;..·..;..s_tr;;;..;a .... t_o.;;..r_~ Phone:

Date: 141- r(?ff( .

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TO: Aquatic Resources Foresny and Wildlife/Natural Area Reserve System Historic Preservation

FROM:

SUBJECT:

Land Management Office of Conservation and Environmental Affairs State Parks Water and Land ~velopment



RECEIVED

SEP 6 1994

Oiv. of Aquatic Resources Transmitted for your review and comment is a copy of a water use permit

application for A.J. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.



!..N:ss Attachment(s)

Response:

( ) We have no comments ~We have no objections l) Comments attached ( ) Additional information requested ( ) Extended review period requested

Contactpe~on:, ____________________________ __

Signed:~ ~ ~ Phone: __________ __

Date:W01

c o

.'. a·, ; ..

". ;

o o State of Hawaii

DEPARTMENT OF LAND AND NATIJRAL RESOURCES Commission on Water Resource Management

Honolulu, Hawaii

RECEIVED

'94 SEP -6 All :46

TO:

FROM:

SEP -6 1994

Aquatic Resources Forestry and Wildlife/Natural Area Reserve System Historic Preservation Land Management Office of ConseJVation and Environmental Affairs State Parks Water and Land Development

F"BES-I t'?Y I VII'! i , ,! en ... f l...,~_,~_

STATE OF H,\N/,!i

SUBJECT:

Rae M. LoW, Deputy Directo~

Request for Comments \ -Water Use Pennit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and comment is a copy of a water use permit application for A.J. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.



LN:ss Attachment(s)

Response: 9/8/94

(/yve have no comments (V[We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

MICHAEL G. BUCK Administrator

DOFAW HAS NO COMMENTS .::t

OR OBJECTIONS TO THE PROPOSED REQUESt '

,I, ..

Phone: • * ,1"

Date: __ 9_/_8 ...... 19.....,.,A_, ,',,-', --:....-".-

. ,'\" \ 1 ..

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J; i ~ ;, I -r

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e

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JOHNWAIHEE GOVERNOR OF HAWAII

o o ilf I t 'If

tf r'.l f F "')1 .' ; j.. ' •• :

--' !.

REF:WRM:SS

SEP .- 6 1934

OEPARTMENT OF LANO ANO NATURAL RESOURCES


TO:

P.O. BOX 621

HONOllUJ, HAWAlIIAOII


Dr. Peter A. Sybinsky. Director Department of Health

Mr. Clayton H. W. Hee. Ch.ai.rperson Office of Hawaiian Affairs




FROM: .Jo~eith W. Ahue, ChairpersoIl;~ o Commission on Water Resoure ~.anagement SUBJECf: Water Use Permit Application

Waialua Ground Water Managem~tlt Area. Oahu

:;>0

v>Z -1>0 » -Irr! c' -1;0""0 rn~.-· or -n ;1;:: ::c rn~ :t>~,:"".»<

:;.:g~ :::> :::0'> =C"":

m V>

KEITli W. AHUE CHAJAP(RSOH

DR. PETER SYBINSK.Y ROBERT S. NAKATA

J. DOUGLAS lNG, Esa. ROBERT G. GIRALD

DAVID NOBRIGA

RAE M. lOUI, P.E. D£PUfV

co .J:;..

en ...., ..,.., .....,. ':"0 rr!

n )Q) m

:;I::) < ......, m /~ .- 0 CJ"I CJl

Transmitted for your review and comment is a copy of a water use pennit application for AJ. Lopez Sons, Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and september 19, 1994.

We would appreciate your review of the attached application for any conflicts or inconsistencies witli the programs, plans, or objectives specific to your orgaI).izatioll..m:: department only. please return thiS cover memo form by October 3 • .l.22!L

If you have any questions regarding this application. please contact Lenore Nakama at 587·0218.

LN:ss Attaclunent(s)

Response:

~ We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

..... \ 1' . ::v

i,':,/·.)'· I'l"! ·'''1-::\

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Phone: '

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~,

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Contact person: /3t-/ ! Wo I1!f Signed: _.&It( iI)'rF ---------.---.---.----.- D()~e ;.----'i~f_-.-- d-' ~t;1

--~~~ __ ~ _______________________________________________________ • __ ~·~h.

o o RECEIVED DIViSION OF

.. STA I E PARKS State of Hawan . . .

DEPARTMENT OF LAND AND NATURAL RESOUR8 6 ' .. 7 PIt ." Commission on Water Resource Management

SUBJECf:

Honolulu, Hawaii

SEP -6 1994

Aquatic Resources Forestry and Wildlife/Natural Area Reserve System Historic Preservation Land Management Office of Conservation and Environmental Affairs State Parks Water and Land Development

Rae M. LoW, Deputy Directo~


TO: J'" _AOMINlSTRA'RII _ASS1. ADMIN. _DEV.BR. _PLANaR. _ RES. MGT. BR. _____ PROJ.CONTROl _____ SW. REC. PLAN. _ CLERICAL STAfF _____ ADMIN. ASS1. _INTERP. BR. FOR: _ GlRCULATE/POSr miff_ _ COMMENTS & REt. _ DRAFT REPlY _FILE _FOllOW UP _INFO. _ RUSH (DU£_---I _SEE ME _SEND COPYTO: ___ _

Transmitted for your review and comment is a copy of a water use permit application for AJ. Lopez Sons, Iru:. for Well No. 3406-16. Public notice of tills application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.



LN:ss Attaclunent(s)

Response:

~ We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional infonnation requested ( ) Extended review period requested

1 Signed: ___ ~r-~_~=-_____________ _

-.J

Phone

Date:_-H~f-+--f---lf--

I' .",,'

\

.. o o State of Hawaii

DEPARTMENT OF LAND AND NAnJRAL RESOURCES Commission on Water Resource Management

Honolulu, Hawaii

SEP -6 1994

TO: Aquatic Resources ForestIy and Wildlife/NaturalArea Reserve System Historic Preservation

FROM:

SUBJECf:

Land Management Office of Conservation and Environmental Affairs State Parks Water and Land Development


Request for Comments \ ..... Water Use Permit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and comment is a copy of a water use permit application for A.J. Lopez Scms. Inc. for Well No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.



LN:ss Attachment(s)

Response:

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional infonnation requested ( ) Extended review period requested

Contact person:, _____________ _

S~ed: ______________________ _

Phone: _____ _

Date: ______ _

t 1 "

JOHNWAIHEE 00\IElIN0R Of'_

TO:

FROM:

SUBJECT:

o o



Other Interested Parties

P.O.80X821

HOHOUlLU. HAWAII 118809

SEP -6 1994

Rae M. LoW, Deputy Director ~

Request for Comments \ - '-' Water Use permit Application Waialua Ground Water Management Area. Oahu

Transmitted for your review and comment is a copy of a water use permit

KEmtW.AHUE ~


J. DOUGLAS lNG, ESQ. ROBERT G. GlRALD

DAVID NOBRIGA

RAE M. LOUI, P.E. DEI'UTY

application for A.J. Lopez SoDs, IDc. for Well "No. 3406-16. Public notice of this application will be published in the Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994.

We would appreciate your review of the attached application for any conflicts or interferences with the programs, plans, or objectives of the organization or agency that you represent. Objections to the proposed permit must be filed by the October 3. 1994 deadline for filjng and should be made in accordance with Section 13-171-18 of our Administrative Rules.


LN:ss Attachment(s)

Response:

( ) We have nO comments () We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Contact person:, ______________ _

S~ed: ______________________________ _

Phone: __________ _

Date:, _________ _

JOHNWAIHEE QOVIfINOACI'_

o o

STATE OF HAWAII

REF:WRM:SS

SEP-6 1994



P.O. BOX 621

HONOWW. HAWAII 118808

TO: Mrs. HoaIiku L. Drake, Director Department of Hawaiian Home Lands

Dr. Peter A. Sybinskv, Director Department of Health




Robin Foster, Chief Planning Officer PJanning Department

FROM: j~.JKeith W. Ahue, Chairperso~.~ -G ~ission on Water Reso]"" ...anagemeru:

SUBJECf: Water Use Permit Application Waialua Ground Water Management Area. Oahu

KErTH W. AHUE

._- ..


J. DOUGLAS lNG, ESQ. ROBERT G. GIRALD

DAVID NOBRIGA

RAE M. LOUI. P.E. DEPUTY

Transmitted for your review and comment is a copy of a water use permit application for A.1. Lopez Sons, Inc. for Well No. ~16. Public notice of this ap]l1ication will be published in the Honolulu Star Bulletin issues of September 12, 1994 and september 19, 1994.

We would appreciate your review of the attached ap 1ication for any conflicts or inconsistencies wit1i the programs, plans, or objectives s . c to our or . ation or department only. please return • cover 0 1 ..


LN:ss Attachment(s)

Response:

( ) We have no comments () We have no objections ( ) Comments attaChed ( ) Additional information requested ( ) Extended review period requested

Contact person: ______________ _

Signed: _______________ _

Phone: _____ ___

Date: ______ _

JOHNWAIHEE CIO\IIJINOII OF_

REF:WRM:SS

o o



P.O. BOX 621


SEP -6 -1994

Honorable Jeremy Hanis, Acting Mayor City &: County of Honolulu City Hall Honolul~HI 96813

Dear Mayor Hanis:

Notice of an Application for a Water Use Permit Waialua Ground Water Management Area. Oahu

KElTHW.AHUE -DR. PETER SYBINSKY ROBERT S. NAKATA

J. DOUGLAS lNG, ESQ. ROBERT G. GIRALD

DAVID NOBRIGA

RAE M. LOUI, P.E. D£PUTY

In accordance with the Department of Land and Natural Resources Administrative Rules, Section 13-171-17(a), we are sending you a copy of the public notice for the water use permit application for the A.J. Lopez Sons, Inc. for Well No. 3406-16, which will be published in the Honolulu Star Bulletin.

In addition, Section 13-171-13(b), of our Administrative Rules, states:

"Within sixty days after receipt of notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with the county land use plans and policies."

'* We have attached a copy of the application for your review and would appreciate receiving your comments, within the next sixty (60) days, on whether this water use is consistent with county plans and policies.

Very truly yours,

Enclosures

"... . ".

II. -_ o o JOHNWAIHEE

CIOVEIINOROF_

KEITH W. AHUE -STATE OF HAWAII

DR. PETER SYBINSKY ROBERT S, NAKATA

J, DOUGLAS lNG, ESQ.

OEPARTMENT OF LANO AND NATURAL RESOURCES


P.O. BOX 621

ROBERT G, GIRALD DAVID NOBRIGA

RAE M. LOUI, P.E.

Mr. Louis A. Lopez A.J. Lopez Sons, Inc. 1729 Kilohi Street Honolulu, HI 96819

Dear Mr. Lopez:

HONOWLU, HAWAII 11lIOII

SEP -6 1994

Application for a Water Use permit and Registration of Well and Declaration of Water Use Waialua Ground Water Management Area· Oahu

We acknowledge receipt, on August 18, 1994, of your completed application for water use permit for the Lopez No.1 Well (Well No. 3406-16) and your well registration and water use declaration form for this source.

DEPUlV

Prior to the issuance of a certificate for your declared existing use of the well and before your application for a permit may be submitted for action by the Commission on Water Resource Management (Commimon), we need to visit and verify your water source and use sites. We will be in contact with you shortly to schedule a fiefd inspection.

Enclosed please find a copy of the public notice for your water use permit application which will be published in the Honolulu Star Bulletin issues of September 12. 1994 and September 19, 1994.

Please be aware that there may be objections to your application. If objections are made, the objector is required to file such objections with the Commission and is also required to send you a copy of the objections. You, or any other party, may respond to objections by filing a brief in support of your application with the Commission within ten (10) days of the filing of an objection. You, or the other party, must also send a copy of the response to the objector. '

You can expect your application to be processed within ninety (90) days from the date of receipt, unless there are objections to your application. If you have any questions, please contact Lenore Nakama at

LN:ss Encl.

Sincerely,

RAE M. LOUI Deputy Director

----------------------""'-"'"''

- o o PUBUC NOTICE

Application for Water Use Permit Waialua Ground Water Management Area. Oahu

An application for the following water use permit has been received and is hereby made public in accordance with Department of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas."

LOPEZ NO.1 (Well No. 3406-16) Applicant: AJ. Lopez Sons, Inc.

1729 Kilohi Street Honolul~ m 96819

. Date Completed Application Received: August 18, 1994 Aquifer: Waialua System, North Sector, Oahu Well Source: Lopez No.1 Well, Well No. 3406-16, at 66-341 B Aukai Lane, Haleiwa, Oahu at Tax Map Key: 6-6-15:4 Quantity Requested: 72,000 gallons per day. Existing Water Use: Agricuhure (13 acres of truck farm crops) Place of Water Use: 66-341 B Aukai Lane, Haleiwa at Tax Map Key: 6-6-15:4

Written objections or comments on the application for water use permit may be filed by any person who has property interest in any land within the hydrologic unit of the source of water supply, any person who will be directly and immediately affected by the proposed water use, or any other interested person. Written objections shall: (1) state property or other interest in the matter (provide TMK information); (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; and (3) state all grounds for objections to the proposed permit. Written objections must be received by October 3, 1994. Objections must be sent to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809 and 2) a copy of the objection letter(s) to the applicant at the above address.


n~VL-'~ KEITIi W. AHUE Chairperson

Dated: __ S_EP_--_:?_'_99_4 __

Publish in: Honolulu Star Bulletin issues of September 12, 1994 and September 19, 1994

----------------------------------------------------------------------------_.----

,. . \

. ..-'"

TO: INIT:

~E. SAKODA ---1 . Ching

_ R. Hardy L. Nakama

_D. Higa _J. Zhang

R. LOUI S. KOKUBUN

'q, Y. SHIROMA _' ,_ E. HIRANO

o 9 REGULATION BRANCH

Commission on Water Resource Management

PLEASE:

See Me Call Review & Comment Take Action

_ Investigate & Report _ Draft Reply _ Acknowledge Receipt _ Type Draft

Type Final Xerox copies

FOR YOUR:

Approval Signature Information

FILE IN:~~?'~~ ~ 34:01.:.;" \ b

REMARKS:

f-O\- wV~A- ~ \~ ~v 4d~+"'X ~ ~ W~ \J~ ~ W.L 1~~'''t 6.vL

~ f"ol-- ~~ oC .

'1 0<.. ~- ~'LA--c..t-~ v~ / Aul ~V~·~ ~1rW\ ~ 1~ ~\;Ls, ,

~ ~~"\o\.L) ~ ~J.A \v\VL~-r\·~(\..t-v ~ ,,:- 1 '/4 l(vJ~ ou:t~ ~c.ha.tlu\~ ~v tt/I Id f Pt. +' ).

---------------.. -"'.,,~.

.,

&

-BELT COL H A w A

August 18, 1994 94E-781

{,:,:,}: W@

Mr. Ed Sakoda State of Hawaii Commission on Water Resource Management Department of Land and Natural Resources 1151 Punchbowl Street, Room 227 Honolulu, Hawaii 96809

Dear Mr. Sakoda:

Application for Water Use Permit Registration of Well and Declaration of Water Use

, I

t::::,

:I~~;I .... ,,," ...... c::::>

.. >

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Submitted herewith are the "Application for Water Use ,Permit" and the "Registration of Well and Declaration of Water Use", and a check in the amount of $25.00 for the application filing fee. We trust that these submittals meet the requirements for approval.

, Should you have any questions, please call me at

Sincerely,

BELT COLLINS HAWAII LTD. t '

~[vft~ Calvin W. Matthews

KC:cu

Enclosures

cc: Louis Lopez, A.I. Lopez Sons, Inc., w/o attachments

680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 96813 .. 5406 U,S,A" TEL: 808 521 .. 5361 FAX: 808 538 .. 7819

ENGINEERING. PLANNING. LANDSCAPE ARCHITECTURE· ENVIRONMENT AL CONSULTING

HAW All • SINGAPORE. HONG KONG. AUSTRALIA. THAILAND· GUAM

;'ii , \. : I_I

..... '

• . OState of Hawaii 0

COMMISSION ON WATER RESOURCE MAN~<lEMENT Department of Land and Natural Resoult~s; ,. j"j i- Ij

f~ ,t ~~!~ 1 B APPLICATION FOR WATER USE PERMrr'Y

!Kl Ground Water or o Surface Water '::" ~" ."

nto' d 2 ~ 1- j • •

In.tructlon.: PI •••• print In Ink or type and lend complet.d .ppllcatlon with .nachmentl to the Commluianon W.tar-Relourc. Manilgerriilht. P,O. Box 621. Honolulu. H.w.1I 96809. Applic.tlon mUlt b •• ccompanied by a non-refundabl. filing f.e of $25.00 payable to the Dept. of Land and N.tural R.sourcOi. The Commlllion may not .ccept Incomplet •• ppllcatlons. For allistance. can the Regulation Branch at (neighbor Islands. '-8O().468-48441.

PERMITTEE INFORMATION

1. (a) APPLICANT (b) LANDOWNER OF SOURCE

Firm/Name A. J. LOPEZ SONS. INC. Firm/Name A. J. LOPEZ SONS, INC.

Contact Person LOUIS A. LOPEZ Ph' 84S-0772 Contact Person LOUIS A. LOPEZ ph. 8 4S-0772

Address 1729 KILOHI ST. Address 1729 KILOHI STREET HONOT.JJT.II. HI 96819 HONQIIJIIJ. HI 96819

SOURCE INFORMATION

2. 3.

4. 5.

WATER MANAGEMENT AREA: WAIALUA ISLAND: _O_A_H_U __

(a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER: Ne'f xrrtIC*ffi;>E _ ~~~ ""0. \ (b) PROPOSED (NEW) WELL/DIVERSION NAME: I> .. J. LOPEZ NO. ], 34010-(0

(c) LOCATION: Address 66-341 B Aukai Lane, Haleiwa TexMapKey 6 - 6-15:04 (Attach a USGS map, scale 1" .. 2000', and a property tax map showing source location referenced to utablished prfpertv bO\J.l\,darias.)

(see l'~gures and L.) SOURCE TYPE (check one): 0 Stream rlBasal 0 Dike-confined 0 Parched 0 Caprock

METHOD OF TAKING WATER (check one): 0 Artasian ~ Well & Pump 0 Diverted Surface 0 Othar (explain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possible, show on 88me meps as source location. Otherwise, attach similar maps)

(a) Proposed use of water is: ~ Existing 0 New 0 Both existing & new uses (see Figure 3) (b) Tax Map Key: 6 - 6 - IS: 04 (If location of use is over multiple TMKs, please complete Table 1 on back of application) (c) Address: 66-341 l} Allka;L LQne. Haleiwa

(d) Current Land Use District: 0 Urban m Agriculture 0 Conservation o Rural ~)Cu"e~Coun~Zo~ngCode:~~A~G~I~~~~~~~~~~~~~~~~~~~~~~~~~~~

7. QUANTITY OF WATER REQUESTED: ~72;.;,:a..::O~O:,l:l,O _______ gallons per day (averaged over 1 year)

8. METHOD OF MEASUREMENT: 0 Flowmeter o Open-pipe

9. QUALITY OF WATER REQUESTED: 0 Fresh -aI Brackish

OWair

OSait

o Orifice iU Other (explain)

(see back side)

o Potable 0 Non-Potable

10. PROPOSED USE: 0 Municipal (including hotels, stores, etc.)

o Industrial

o Individual Doml)stic

o Military

IXIlrrigation

o Other (explain)

For questions 12 & 13: If multiple TMKs are involved, please complete Table 1 on back of application.

11. TOTAL NUMBER OF RESIDENCES TO BE SERVED: -.:!N~ON~E~ _______ ~~~-== 12. TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ______ 13 ____ T_R_UC_K_F_ARM __ CR_O_PS

(acres) (crop)

13. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: 6 A.M. TO 6 P.M. (daytime hour. of operation, ox. 7 a.m. to 2 p.m.)

14. APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Sustainable yield (7): ~-J.lNO~NI.l.E~ _________________ _

(b) Instream Flow Standards affected (7): __ N:.:;O~ __________________ ~

(c) Hawaiian Home Lands use affected (7)·:---=.N.."O ___________________ _

(d) Other existing legal uses affected (7): --N....,NgmNtT1E.,-------------------(e) Other (pending permits, EIS, etc.)(7):

15. REMARKS, EXPLANATIONS: ~(~s~e~e~b~a~c~k~s~~·d~e~) ________________________ __

(if more space i. needed, continue on back .ide)

HOTI: Sillrino below Indlcll .. thillhe ..,pllcent ln1anlanda INt, If I WII ...... pe,mil II g,ented by lhe C:ommia/on on Wit .. R"ource Manaqement, I I*mlt " u;.ct 10 priorlXlltlne permined UIII, ohenoea 1ft _lin.!!1e yieklto end iNl, .. ", flow Ilend.". r--.-ad UIII II d,fined by the Commillion. end H_lil." Home Landa Nil" UIII. In addillon. applicant

underltanda tNt, uPon permil _oval. , WII .. "'01110' pi." mwt be ,ubmined IhoUd the C:ommia/on ,equir. -.

Landowner (~) A. J. LOPEZ SONS, INC.

Signature t;;...R-<-<-:; 4 ' t1~ s;. , Date fll?fir

-------------------------------------------------For Officiel Use Only:

Date Recojved~~~~~_ Date Accepted,_~~ __ _

Hydrologic Unit No. ____ _ Diversion Works No. _~ ___ _

State Well No. 31D /e- I Ie 5/19/93 WUPA Form

o 0 16. REMARKS, EXPLANATIONS (cont'd): Gasol i ne powered pump rated at 300 gpm is operated

for 2 hours each morning and afternoon for a total of 4 hours.

4 hours x 60 h~:n. X" 300 ~aIIons = 72,000 gallons / day rnl.n.

TABLE 1. MULTIPLE TMKs TO USE REQUESTED WATER (NOT APPLICABLE)

-

111

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I :0 I

I o I I '-"-0 2 ~~

l I £fa? I ~ I t!: ~ _______________ J /

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I AUK A oI LAN E,//' /' I ...., _---- ,/'" I _---- /'

UJ I _ --;:- - - GRAVEL ROAD --- /

~ ---~33' ~ 63...3(}- - - - ~33"'" -- 81 00 en P1PE,/" ::~t;--~~ It = ! -----------~--l

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R.P. 892. L.C. Aw. 8826. Ap. 2 to Kalalealea

EXISTING WELL & SHED LOCATION AFFECTING

PORTION GRANT 236. APANA 1 TO J.O. DAVIS

THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AT PAALAA KAI. WAIALUA. OAHU. HAWAII

ct-rz.~ SCALE: 1 IN. = 30 FT.

AUGUST 16. 1994 WALTER P. THOMPSON. INC.

TAX MAP KEY : 6 - 6 - 15 : portion 04 94135tOO.mtp/1082.67/1mdc/aug16 FIGURE 3

-------_______________ ""'~·f""_'''·lIII~''''''f'

• o o

BELT COLLINS HAWAII LTD. HONOLULU, HAWAII 96813 24194

DATE DEDUCTION .' BALANCE>' ..

~~-18--94 41994.80 DLNR LOPEZ WELL 433-43 25 .. 00 .00 25.00

CHECK> ICNUMHECK.. .\ DAta 8 1-8· 94 . IBEo/ 24194 25.00 .00 2:'.00

PLEASE DETACH THIS PORTION AND RETAIN FOR YOUR RECORDS.

Pay: Twenty-five

PAY TO THE ORDER

OF

r

L

DEPT OF LAND &NATlJRAL/ RESOURCES.

1994

MAlHBRANCK FIRST HAWAIIAN BANK HONOWW, ""WAH 88813

CHECK NO.

59-101

121i.

AMOUNT

24194

24194 $********25.00**

----------------------------------------------------,------.

"Richard Sterman" <richard@sterman .com>

07/02/2012 01 :25 PM

To <[email protected]>

cc

bcc Please respond to <[email protected]> Subject Hardship Request; Water Use Permit No. 353 Continuance

To Whom It May Concern,

HARDSHIP LETTER RE: Water Use Permit No. 353, WaialualHaleiwa.

As we've discussed - the IIModification" of the Well Head and the cost of both the purchase and the installation of a commercial water-meter is unreasonable for us at this time.

The Artesian Well Water has been flowing through and filling a half-dozen Fish Ponds (nearly an acre in size each) for nearly a century (see your own Aerial Photos to view them).

We are now also providing water for our main farmer that has active crops on nearly all of our two parcels (totals up to over 20 acres). Nearly 4 acres is being farmed by an independent "Organic" farmer.

rd

The main farmer pumps via several pumps (2 now and currently adding a 3 ). We have calculated what the main farmer consumes via the existing 2 pumps (attached).

The flow of this artesian spring. through our property not only supplies the needed Agricultural Water for the farmers, but also water to the many ponds and several wetland areas. These would all immediately dry up if this well head were capped.

The main farmer just put fish into several of the ponds and is now doing a separate " Aqua Business".

I would like to continue to work with you.

We are doing all we can to comply and have been keeping Mr. Ice informed from the time we met at the property till just recently.

o Thank you for your consideration.

Respectfully,

Richard Sterman Richard D. Sterman

(Direct) (eel)

Email: [email protected] 66-250 Kamehameha Highway, Haleiwa, HI 96712

o

Aloha ...

o "Richard Sterman n

<richard@sterman .com>

07/02/201201:30 PM Please respond to

<

Just forgot to send the attachments.

To

cc

bcc

Subject Attachment 1 Pump and one month typical usage

-Typical One Month Usage (Main Famier Only). -Pump Specs (two in use now; soon to be three).

Aloha,

RichardSterman ~

KVLLC Water Pump and Usage 001. til

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http://www.hondapowerequipment.comJproducts/modeldetail.aspx?page=modeldetail&se... 12115/2011

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o DATE: l-Feb-12 To:

From: Subjet:

Hawaii Dept. of Natural Resources- Water Resource Division

Richard Sterman

TMK:mI6/ /S" /'1- (r3..,.. 6) Well Permit No . .3.S.3 Estimated Water Useage Report

Period Start l-Jan-12 Period End 31-Jan-12

Water is pumped from the Pake Ditch fed by the Lopez 1 Well by Two Honda WB20X Pumps to adjacent a ricultural irri ation.

Estimated Pump Hours

Pump Rate (gpm) - 2 Pumps

Estimated Water Useage/Mo.

Estimated Water Useage/day Permit Limitation o Actual vs Permit

93 Hours/Mo.

304 GPM

1,696,320 Gal./Month

56,544 Gal./ Day

72,000 Gal/Day

-15,456 Gal/Day

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WATER USE PERMIT NO. 353

This report has been prepared in accordance with 13-171-22(b) of the Hawaii Revised Statutes

requiring a 20-year review of issued water use permits to determine permit compliance.

Following is a summary of permit information, site characteristics, methodology, ftndings, and

recommendations for this State permit ftle.

Permit Information

Water User:

Landowner of Source:

Richard Sterman 66-250 Kamehameha Hwy. Haleiwa, HI 96712

Richard Sterman 66-250 Kamehameha Hwy. Haleiwa, HI 96712

c~ 5~1 r 1~*

~~Je&~·CoM

Permitted Withdrawal Rate: 0.072 mgd (Based upon a 12-moJ

VMJU.'( rP-f ver .!{)('

rt~ fet/l-'~ v

D2-~ t{ Water Management Area:

Island:

Aquifer Sector/System:

System Sustainable Yield:

Water Type:

Original CWRM Date:

Standard Conditions:

Special Conditions:

Water Source

Waialua

Oahu

N orth/W aialua

40mgd

Brackish

November 16th, 1994

1-11,13-14,16-17,20-23

49 '1 ~u(t, ~fo ( h.M..j

State Well Number(s): 3406-16

Well Name: Lopez 1

Water Source TMK Number(s): 1st Division, 6-6-015:004

State Land Use Classiftcation(s): Agriculture

County Zoning Classiftcation(s): AG-l

Geographical Coordinates: N / A

End Use

End Use TMK Number(s):

State Land Use Classiftcation(s):

County Zoning Classiftcation(s):

1 st Division, 6-6-015:004

Agriculture

AG-l

<;ewJ e,w.o.d I.-

Beneftcial Use Explanation: Use for irrigation of 13-acres of truck crops

1 BROWN AND CALDWELL Summary Report for Water Use Permit No. 353

o o

Background Infonnation

Water Use Permit 353 was issued to A.J. Lopez Sons, Inc. to govern use from State Well No.

3406-16. Since that time, however, it appears that the property was sold to a new owner. As

such, a permit transfer may be required for this particular WUP.

Water Use Permit 353 was approved during the November 16th, 1994 Commission on Water

Resource Management meeting. There are no water use or salinity records on file for State Well

No. 3406-16. Standard conditions 1-11, 13-14, 16-17, & 20-23 and special condition 49 are the

governing conditions for this water use permit. A complete list of all standard and special

conditions is given in the permit fue.

Field Investigation Infonnation

No field investigation was conducted for Water Use Permit 353. A cover letter accompanied by

a survey form was sent to Mr. Louis Lopez at 1729 Kilohi Street, Honolulu, HI 96819. Mr.

Lopez contacted Brown and Caldwell via telephone and advised that the property had been sold

sometime in 2005 and that he could no longer gain access to the well site. As such, the contact

information for the new land owner was ascertained and another letter was sent out to Mr.

Richard Sterman at 66-250 Kamehameha Highway, Haleiwa, HI 96712 on July 15th, 2008. Mr.

Sterman promptly returned the survey form, but was non-resopnsive thereafter when Brown and

Caldwell was attempting to schedule a field investigation day and time. Messages were left for

Mr. Sterman regarding this matter on August 5th, August 14th, and August 27th• Since no

response was received by the end of the field investigation phase of this project, Brown and

Caldwell was not able to verify any of the information listed in this report. Reference the permit

file for supporting documentation relevant to this contact process.

Summary of Findings for Water Use Pennit No. 353

Although no field investigation was completed for this Water Use Permit, information pertinent

to permit compliance was gathered during the research phase of this project.

The following are a list of standard condition(s) that the permittee is found to be in non

compliance with:

2 BROWN AND CAl.DWELL Summary Reportfor Water Use Permit No. 353

o o (10) An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of

withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a yearly basis in accordance with the Commission's September 16, 1992 action on reporting requirements.

Since no monthly water use or salinity reports are being submitted to the Commission, the

permittee is found to be in violation of Standard Condition (10).

(21) The permittee understands that under HRS § 174C-58(4), that partial or total nonuse, for reasons other than conservations, of the water allowed by this permit for a period of four (4) continuous years or more may result in a permanent revocation as to the amount of water not in use. The Commission and the permittee may enter into a written agreement that, for reasons satisfactory to the Commission, any period of nonuse may not apply towards the four-year period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section HRS § 174C-62 shall not apply towards the four-year period or forfeiture.

If the new landowner is utilizing water from the well, a violation of Standard Condition (15)

has occurred. If not water is being used, the permittee should be advised of the requirement

to request a water use permit transfer prior to any use from State Well No. 3406-16.

Recommendations

• Address the following discrepancies between the Commission's electronic database and

actual field investigation findings:

o

o

Permittee and landowner names and addresses

Change permittee contact to Richard Sterman at

([email protected])

• Address violation of Standard Condition (10) regarding non-reporting of water use and

salinity levels.

• Address potential violation of Standard Condition (21) regarding utilization of water from

State Well No. 3406-16 without having transferred the water use permit to the new user.

• Address issue of lack of response in regards to the Commission's attempt to contact the

permittee during this permit review process.

3 BROWN AND CALDWELL Summary Reportfor Water Use Permit No. 353

o o Standard Conditions List

1. The water described in this water use permit may only be taken from the location described and used for the reasonable beneficial use described at the location described above. Reasonable beneficial uses means "the use of water in such a quantity as is necessary for economic and efficient utilization, which is both reasonable and consistent with State and County land use plans and the public interest." (HRS § 174C-3)


3. The water use must at all times meet the requirements set forth in HRS § 174C-49(a), which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in HRS § 174C-3; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with State and County general plans and land use designations; f. Is consistent with County land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home

Lands as provided in Section 221 of the Hawaiian Homes Commission Act and HRS § 174C-101(a).

4. The ground-water use here must not interfere with surface or other ground-water rights or reservations.

5. The ground-water use here must not interfere with interim or permanent instteam flow standards. If it does, then:


b. The interim or permanent instteam flow standard, as applicable, must be amended.

6. The water use authorized here is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and submittal, as amended, approved by the Commission at its <Insert Date>meeting are incorporated into this permit by reference.

8. Any modification of the permit terms, conditions, or uses may only be made with the express written consent of the Commission.

Variations of Standard Condition (8) are as follows: 1. Modification of any permit condition shall be approved by the Commission.

Modification of any permit condition without notification may result in the revocation of the water use permit.

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9. This permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect the water sources (quantity or quality); b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as

of June, 1987 shall be protected; f. Meet legal obligations to the Department of Hawaiian Home Lands, if

applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commission's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard

10. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis (attached).

Variations of Standard Condition (10) are as follows: 1. The applicant shall keep monthly pump age estimates to be submitted

annually to the Commission. 11. An approved flowmeter(s) need not be installed to measure monthly

withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a yearly basis (attached).

111. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance with the Commission's September 16, 1992 action on reporting requirements.

IV. Approved flowmeters must be installed to measure monthly withdrawals and a monthly record of withdrawals must be kept and reported to the Commission on Water Resource Management on a monthly basis.

v. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a quarterly /yearly basis (attached).

Vl. An approved flowmeter shall be installed to measure water withdrawls V11. An approved £lowmeter(s) must be installed to measure withdrawals; and a

record of the withdrawals must be kept and reported to the Deparment of

o o Land and Natural Resources, Division of Water and Land Development, P.O. Box 373, Honolulu, HI 96809, on a monthly basis.

Vlll. Although not stated as a condition of the permit § 13-168-7 HAR requires you to keep a record of your monthly total pump age, water level, salinity, and water temperature. This information must be submitted to the Commission on a regular monthly basis using the enclosed water use report form.

IX. An approved flowmeter shall be installed and the withdrawal from Well 1851-73 shall be recorded and reported to DLNR on a monthly basis by the owner and/or operator of the well.

x. The withdrawals from these wells shall be recorded and reported to the DLNR on a monthly basis by the BWS.

Xl. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting water usage on a monthly basis.

xu. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission.

Xlll. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission along with water level and salinity measurements.

11. This permit shall be subject to the Commission's periodic review of the <Aquifer> Aquifer System's sustainable yield. The amount of water authorized by this permit may be reduced by the Commission if the sustainable yield of the <Aquifer> Aquifer System, or relevant modified aquiferes), is reduced.

12. A permit may be transferred, in whole or in part, from the permittee to another, if: a. The conditions of use of the permit, including, but not limited to, place,

quantity, and purpose of use, remain the same; and b. The Commission is informed of the transfer within ninety days.

Failure to inform the department of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer, which involves a change in any condition of the permit, including a change in use covered in HRS § 174C-57, is also invalid and constitutes a ground for revocation.

13. The uses(s) authorized by law and by this permit do not constitute ownership rights.

14. The permittee shall request modification of the permit as necessary to comply with all applicable laws, rules, and ordinances that will affect the permittee's water use.

15. The permittee understands that under HRS § 174C-58(4), that partial or total nonuse, for reasons other than conservations, of the water allowed by this permit for a period of four (4) continuous years or more may result in a permanent revocation as to the amount of water not in use. The Commission and the permittee may enter

o into a written agreement that, for reasons satisfactory to the Commission, any period of nonuse may not apply towards the four-year period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section HRS § 174C-62 shall not apply towards the four-year period or forfeiture.

16. The permittee shall prepare and submit a water shortage plan within 30 days of the issuance of this permit as required by HAR § 13-171-42( c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the <Aquifer>Ground-Water Management Area.

17. The water use permit shall be subject to the Commission's establishment of instream standards and policies relating to the Stream Protection and Management (SP AM) program, as well as legislative mandates to protect stream resources.

18. The permittee understands that any willful violation of any of the above conditions or any provisions of HRS § 174C or HAR § 13-171 may result in the suspension or revocation of this permit.

19. Special conditions in the attached cover transmittal letter or attached exhibits are incorporated herein by reference.

20. If the ground-water source does not presently exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twentyfour (24) months from the date the water use permit is approved.

Variations of Standard Condition (20) are as follows: 1. The permit may be revoked if work is not started within six months of the

date of issuance or if work is suspended or abandoned for six months. The work proposed in the permit application shall be completed within two years from the date of permit issuance.

21. This permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HRS § 174C-59 and the requirements of Chapter 174C, the Commission on Water Resource Management has the authority to allow the transfer of the permit and the use rights granted by this permit in a manner consistent with HRS § 174C-59. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

22. The water use permit granted shall be an interim water use permit, pursuant to.HRS § 174C-50. The final determination of the water use quantity shall be made within five (5) years of the filing of the application to continue the existing use.

23. The water use permit shall be issued only after agricultural review.

24. That scheduled adjustments to Oahu Sugar Co. permitted use shall be initiated upon discontinuance of agricultural uses.

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25. The issuance of this permit was approved by the Commission on Water Resource Management at its meeting on <Insert Date>.

26. The permit shall be subject to the review by the Attorney General.

27. The permit holder may be required to relinquish this permit at any time or specified time after issuance to the Board of Land and Natural Resources in accordance with Chapter 166 ofTicle 13.

28. The applicant shall obtain the necessary land acquisition documents from the Hawaii Housing Authority.

LINDA LINGLE GOVERNOR OF HAWAII

November 21 St. 2007

Louis Lopez A.J. Lopez Sons, Inc. 1729 Kilohi St. Honolulu, HI 96819

Subject: WUP 353

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Water Use Permit Review

LAURA H. THIELEN CHAIRPERSON

KEN C. KAWAHARA, P.E. DEPUTY DIRECTOR

MEREDITH J. CHING JAMES A, FRAZIER NEAL S. FUJIWARA

CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E.


WUP.Letter.doc

In accordance with 13-171-22(b) of the Hawaii Revised Statutes, the Commission on Water Resource Management is required to conduct a 20 year permit review of issued permits to determine permit compliance. As a permit holder, we are contacting you to conduct a review of your water use permit.

As part of the permit review, we must perform field investigations for verification purposes. We have contracted with Brown and Caldwell to conduct such field investigations. Please fill out the enclosed survey form, indicating the best date and time within the time period given, and a representative from Brown and Caldwell will contact you to make further field visit arrangements.

We thank: you for your cooperation in promoting beneficial and reasonable use of our ground water while protecting our limited natural supply.

RI:ss

Sincerely,

KEN C. KAWAHARA, P.E. Deputy Director

LINDA LINGLE GOVERNOR OF HAWAII

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Mr. Richard Sterman 66-250 Kamehameha Hwy Haleiwa, HI 96712

Dear Mr. Sterman:


July 15,2008

3rd Notice of Water Use Permit Permit Review

LAURA H. THIELEN CHAIRPERSON

KEN C. KAWAHARA, P.E. DEPUTY DIRECTOR

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA

CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

In accordance with §174C-56 of the Hawaii Revised Statutes and 13-171-22(b), Hawaii Administrative Rules, the Commission on Water Resource Management is required to conduct a 20-year permit review of issued water use permits to determine permit compliance and prepare a formal report to the 2009 legislature for public review. We are notifying you of this statutory requirement as you are a water use permit holder and are asking for your help in the review of your water use permit. For your reference, your Water Use Permit number is Water Use Permit No. 353 (Well No. 3406-16). This notice is our third attempt at contacting you for this statutory review, which must be completed soon to be ready for the beginning of the 2009 legislative session.

As part of the permit review, we must perform field investigations for verification purposes. We have contracted with Brown and Caldwell to conduct such field investigations. Please fill out the enclosed survey form, indicating the best date and time your field investigation can be conducted, and return the form via mail to Brown and Caldwell no later than July 18th

, 2008. A representative from Brown and Caldwell will then contact you to make field visit arrangements.

If we cannot conduct a field investigation to verify your water use, we may commence proceedings to revoke your permit. Once your permit is revoked, you will no longer be able to use ground water from your well without applying for and obtaining a new water use permit. Upon revocation, any water use without a valid permit will be subject to fines of up to $5,000 per day. As such, it is in your best interest to return the form to Brown and Caldwell as soon as possible.

We thank you for your cooperation in promoting reasonable and beneficial use and protection of our public trust ground water resources.

RI:ss Enclosure

1J{l.~ KEN C. KAWAHARA, P.E. Deputy Director

Jul. 17, 2008 2:03PM o No, 0274 p, 2

Water Ule Permit Survey

WUP Number:, __ 3_5_J __ _ (please complete one IUrvcy form for e.eh WUp)

Well Number(s): 3t06 -/6

Best time to reach for phone intervjew::~---L'4¥~i!......=:~----1e:z-.p.~~ __ ~c..,...i~w..~~~v-____ _

Property Information (of the water ulelwellloclldon): AdmeS9:' ____ ~-Y_~ ____ ~-______________ ~r-____________ _

a~;, ________ ~~~~~~~ __________ ~ __ ___ Well Location TMK (list alHf multiple wolls presellt);,_-__ '--....... J.-.=_ .. _--.;Ii£..jr........~_"""""'~~------Water Use TMK (list all ifused on multiple lots): ____________ ----__________ _

Water UseIWelllntormation: Is the water source currently in use? Jfno, please explain: AlII- e:£.u t'=f

r

Yea o No o

What are you currently using the water for? (cx.mple; "Use fbr 45 acres of diversified Ilpicul1ure .... d 3 residence$"): __________ _

Is a flow meter installed and working properly? If no, please explai1l: A Iyrf- .f:utl'f ,

Yes o , No o

Do you submit monthly water :?orts to the State? Yes o No Ifno. pJease explain:, ___ .,./JL()..lL."'"" ____________________ ---_____ _

FIeld Investi&atlo ... : /L representative from Brown and Caldwell will be visiting wells in your area over the next two months between the times 0(9;00 am lind 5:00 pm. Each site investigation will tllkc approximately 1-2 hours. Please indicate up to three potential days of the week and availability times for an on-aite inspection of tho welliocation·and verification of water \lse compliance. The permit holder must provide Brown and Caldwell ~th at least t1ve (5) working days notice of the need to reschedule.

Option H I Date (M-P): Time: 9:00 am 0 12:00 pm 0 Option #2 Date (M-P): Time: 9:00 am 0 12:00 pm 0 OptJon #3 Date (M.l~: TIine: 9:00 am D 12:00 pm 0

3:00pm 0 3:00pm 0 3;00 pm o

Once this survey is returned, a Brown and Caldwell representative will be contacting you to conduct a phone interview and finalize the exact date and time of your field investigatJon. Please fax/mail completed surveys by July ISfl" l008 lind direct any questions l'Clated to this survey to Mr, Milo Smith of Brown and Caldwell at: ' 1099 Alakea Street. Suite #2400 Honolulu, HI 96813 Tel: (808)

--)a Fax: (808) mcsmith@brwllcald,com

for omcial Use Only

Intormation Updated: 1-' I J..-I loS Phone Jnterview Complete' 1'-..' LA N~C~mm~:, ______________________________________________ ~~ ________________ _

Phone Interview

WUPNumber: ~~-3 Well Number(s): ~4t>(o-1 (p

Contact Name: ~i (..~ ~ r-a Got c,(tn a h Attempt # I: Date/Time: "'b I t::::J/~ (\ 0'. ';:"0") Attempt #2: Date/Time: ~I \\..--\ 'o~ C \ \'.~

Phone Number:

Result: \-\ C'~ ¢ -\-0 C (j,- \ \ 'bo· c. ~

Result: Le~ ~ ~r-~¥-

Well Location TMK(s):_CQ_-_CP_-_O_1 t:? __ -_o_o_1'------_________________ _ Water Use TMK(s): _________________________________ _

Water ~~urce A,ddress: ______________________ .,..,--=--::;;o-.----_________ _

City: n ~ \ CAW t\ Zip COde: __ Q_lP_f-----'.I_2-______ _

Currently using water source? Yes D No Notes/Comments: _____________________________________ _

How often is the water source being used? Daily D Weekly D Monthly D Notes/Comments: _____________________________________ _

How long have you been using this water source?:_'-N--L.I'-I"--______________________ _

Has there been any rezoning of the water source/water use properties?

Have you reported the rezoning to the State?

Yes D Yes D

No

No N/A 551 Ifno,explain: ______________________________________ __

Scheduled field investigation day/time:_....:lV_.:...1 "' __________________________ _

Notes (Special directions, site conditions, potential hazards, general notes, etc.): _______________ _

':-o/z,lo"t:> (\....:> •. ~O) - l..-eS;::4- 't-I'ec~

Comments To Make:

• Although we prefer that you do not change your scheduled field investigation time, if you require a reschedule, you must provide Brown and Caldwell with at least five (5) working days notice of the need to reschedule.

• A representative from Brown & Caldwell will be making a reminder phone call to you sometime during the week prior to your scheduled field investigation.

• It is very important that you provide access to the site at the day and time agreed upon. Due to a very tight schedule, if you fail to provide access at the agreed upon time and/or do not reschedule with at least a five (5) working day notice, a makeup date will not be allowed.

• If for some reason you don't know where your well head is located, it would be a good idea to locate it prior to your field investigation to help make the visit go quickly and smoothly.

Interviewed By: __ "-J_LI.:...f>o. ___________ _ Date: r-J J po.. Time: \'-J / /::....

WUP Number:_0_ G_3 ___ _ Field Investigation Checklist

Well Number(s): ...340 0 -I Co

Water Source Well Location TMK(S):_{O_-_,,_-_O_,_G""_-_o_o_4 __________________ _ Well Head GPS Coordinates: Latitude: ________ _ Longitude _________ _ Well Type: __________________________________ _

Currently using water source? Yes o No o Notes/Comments: ___________________________________ _

Is there a flow meter installed? Is the flow meter operational

Yes Yes

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No No

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Notes/Comments: ___________________________________ _

Water Use Water Use TMK(s): _________________________________ _

What is the water being used for? ______________________________ _

Is the water being used within the permitted boundaries? Yes 0 No 0 If no, explain

Is there any observed wasting of water or water loss? Yes 0 No 0 If no, explain

Are the permit conditions being complied with? Yes 0 No 0 If no, explain:

Other

Photographs of: Water Source 0 Usage Area 0 Water Meter 0 Pump/Motor 0

General Notes/Comments:

Investigated By: _____________ _ Date: ______ _ Time: _______ _

~ ~: ;: ~ :Ii - ;j;", =:

'f' ':!i '.) H

.~ ~t :.~~~ i~~ __ _

PAUKAUILA

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Special Conditions List

1. Should an alternate permanent source of water be found for this use, then the Commission reserves the right to revoke this permit, after a hearing.

2. In the event that the tax map key at the location of the water use is changed, the permittee shall notify the Commission in writing of the tax map key change within thirty (30) days after the permittee receives notice of the tax map key change.

3. The applicant shall contact the Environmental Management Division, State Department of Health, at concerning "GUIDELINES APPLICABLE TO GOLF COURSES IN HAWAII" date <Insert Date & Version #>.

4. Standard Condition 10 is emphasized, to report consumption on a regular basis.

5. The applicant may continue this existing use of ground water within the limits approved by the Commission, and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

6. This interim water use permit shall cease to become interim and shall be subject to HRS § 174C-55 upon administrative review of the quantity within five (5) years, provided that all conditions of the use (including the review of the quantity which shall not be greater than the amount initially granted) remain the same. Enforcement of the allocation limit shall be stayed pending staffs review and issuance of a permanent water use permit.

7. As-built drawings of the well and pump, and a complete pumping test record shall be submitted within sixty (60) days.

8. In the event the pump tests show that aquifer boundary conditions do not support the requested withdrawals, the Commission reserves the right to amend this permit, after a hearing, to a level that is supported by the pump tests.

9. The existing use may be continued within the levels approved by the Commission, and the actual issuance of the permit document shall not be a reason to interrupt the approved level of use.

10. The filing of an application by Kukui, Inc. for a new or modified water use permit for the Kualapuu Aquifer in excess of 2.0 mgd (total system withdrawal) shall be just cause for re-consideration of this interim permit by the Commission

11. Upon completion of a new transmission line for the transport of water use by Well #17, the permit shall be modified to reduce the allocation amount by the additional 79,220 gallons per day allocated for use of the Molokai Irrigation System.

12. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall conduct a feasibility study and submit a report describing

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alternative sources of nonpotable water for irrigation uses at the resort area. It is suggested that the developer consider use of dual lines in the subdivisions so that effluent may be used in the existing reuse system. Another consideration is the development of brackish water wells in the Kaluakoi Aquifer system for rnixingwith the effluent generated at the resort.

13. Within six (6) months from the date of approval of a water use permit for the well, the application shall evaluate the filter back discharges into Kakaako Gulch to determine if excessive preventable waste is occurring and identify possible measures to eliminate or reduce such waste. The evaluation shall be conducted in cooperation with the Commission staff and staff of the Department of Health's Safe Drinking Water Branch, which regulates the drinking water system.

14. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall 1) implement a leakage control and detection system and compete repairs to prevent such leakage and 2) implement use of xeriscaping and low-flow fixtures.

15. Action on the future use portion of the water use permit application for Well #17 (Well No. 0901-01) is deferred pending the establishment of existing uses in the aquifer. Kukui Inc.'s application for uses in excess of those uses existing on July 15, 1992 will be considered "new" uses and will be taken up by the Commission as soon as other existing use applications have been decided. In the interim,

a. The Commission shall recognize that there is disagreement between the applicant's staff calculations of reasonable-beneficial existing use

b. The Applicant will have the burden of proof to show within six (6) months reasonable-beneficial existing use calculations that support the applicant's request as opposed to staff's calculations.

c. The Commission's enforcement of the approved existing use allocation will be suspended for six (6) months.

16. The permittee shall submit a notice of intent and written request to continue the use at least ninety (90) days prior to the expiration of the interim five-year permit.

17. The Commission shall delegate to Maui Department of Water Supply the authority to allocate the use of water for municipal purposes, as provided in §174C-48(b).

18. Maui Department of Water Supply shall be exempt from the requirements for permit modifications, as provided in§174C-57(c).

19. The permittee must meter water use and monitor chloride concentrations on a monthly basis and submit monthly reports of water use and chloride concentrations to the Commission.

20. Standard Condition 16 is waived for saltwater wells.

21. The permit will be revoked if (1) stream monitoring shows that pumping the well reduces stream flow, or (2) the electromagnetic resistivity survey indicates that the

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well was drilled into a dike compartment, unless the applicant submits a petition for an amendment to the interim instream flow standard with the well completion report. However, no use of the water may be made without a Pump Installation Permit, which cannot be issued during consideration of the amendment of the interim instream flow standard.

22. The applicant shall present the results of the electromagnetic resistivity survey, pump tests, and stream monitoring to a community meeting as well as to the Commission.

23. A final determination of water use quantity shall be made within five (5) years of the filing date of the application «Insert Date» to continue existing use.

24. The applicant shall implement, by December 31, 1995, a biological and hydraulic monitoring program for a minimum 2-year period that: 1) documents the existing operating procedure, 2) seeks to identify the impacts of all operating alternatives on Waikolu Stream, and 3) seeks to identify the effectiveness of weir modifications (Dam No.1). This program shall incorporate the three new wells, Wells #4-6 (Well Nos. 0855-06, -OS, &-04, respectively), which may be pumped within the approved limits, for monitoring and testing purposes only. Further, semi-annual reports summarizing data and preliminary findings shall be submitted to the Commission. It is suggested that the Department of Agriculture work with the State Division of Aquatic Resources and other affected agencies to prepare the monitoring program in light of the difficult technical questions raised by this application. A particular concern is the coordination of this monitoring program with the ongoing National Park Service study by Anne Brasher. A draft of this plan shall be submitted to the Commission staff within ninety (90) days for technical review and comment. Results of the monitoring program shall be used to make recommendations to the Commission on any additional use of the wells, and shall be made readily available to all interested parties.

25. That the Commission approves the well construction permit for the KamiloloaWaiola Well (Well No. 0759-01), subject to the standard well construction conditions and the special conditions for the pumping well for the aquifer tests.

26. That the Commission authorizes the Chairperson to approve and issue a pump installation permit upon acceptance of adequate pump test result, subject to the standard pump installation conditions.

27. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

28. The applicant shall follow the agreed monitoring plan.

29. If pesticides used by the applicant are found in ground or surface water and can be traced to the applicant's use, the CWRM may revoke the permit immediately upon such finding.

30. Issuance of the interim permit shall be withheld until the reservation of water for DHHL is set by rule. Applicant may continue this existing use within the approved limits.

31. The applicant shall submit well modification and pump installation permit applications for administrative approval by chairperson prior to beginning any work required to complete well.

32. Should any stream flow impacts result from use, petition to amend interim instream flow standards shall be submitted.

33. Should any dewatering result from use, pumping shall cease immediately.

34. Shall submit accurate schematic diagram of distribution system for the battery of 5 wells.

35. Shall be subject to a 6-month independent audit & monitoring.

36. Final pump capacity shall be determined from pump test results & approved administratively by signature of chair.

37. The permittee shall seek and submit to the Commission within ninety (90) days written confirmation from the Department of Land Utilization of the nonconforming use.

38. Pumping shall cease immediately if the chloride reports show that the brackish water developed in the well exceeds 1,000 mg/l of chloride, unless a variance from the chloride limit has been granted. The authority to approve future variance requests is delegated to the chairperson.

39. The duration of the interim permit shall be: a. To July 1, 2006, or b. Until treated wastewater is available and acceptable for use, or c. Until such time that a significant change in permitted, actual, or projected

uses or water supply occurs.

40. Action on any interim permit may be initiated by the Commission or any permittee upon letter request or pursuant to §174C-57 Haw. Rev. Stat. (Modification of permit terms).

41. This permit is approved under the assumption that wastewater will become available for reuse as an alternative supply source.

42. Require adherence to the chloride sampling protocol and the submittal of weekly chloride data. The authority to approve variances from the weekly reporting requirement is delegated to the Chairperson.

43. Require adherence to the Conservation Conditions.

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44. In the event a water shortage is declared by the Commission, permittees in the <Insert Aquifer Sytem> shall comply with the <Insert Aquifer System> water shortage plan adopted by the Commission.

45. The permittee shall contact the Department of Health, Clean Water Branch and obtain the necessary discharge permit(s).

46. Permit shall be interim and replaces existing WOP for 2051-07 & 11.

47. Applicant shall submit an acceptable archaeological inventory survey report to DHP. If historic sites affected, a plan to mitigate these affects must be accepted by DHP and completed by applicant.

48. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

49. (The permittee) may report monthly pumpage on yearly basis.

50. Prior to issuance of any permits, must submit filing fee for after-the-fact pump installation permit.

51. The term of this permit shall be twenty years from the date of issuance of the permit with a five-year Board review to determine compliance with the provisions of the permit.

52. The amount of water to be withdrawn under this permit shall be 0.19 mgd, averaged annually, for irrigation use. This permitted use of 0.19 mgd when added to a preserved use of 0.27 mgd amounts to a total of 0.46 mgd, averaged annually, which may be withdrawn from well 1646-01.

53. The use authorized by the permit must not interfered substantially and materially with existing individual household uses and existing uses.

54. The use of this well shall be subject to the shortage and emergency powers of the Board of Land and Natural Resources (BLNR).

55. This permit may be suspended or revoked, in accordance with Chapter 166.

56. The permit holder may be required to relinquish this permit to BLNR, in accordance with Chapter 166

57. The withdrawal from Well 1646-10 shall be recorded and reported to DLNR on a monthly basis by the permittee.

58. In the event that emergency water use occurs, the permittee shall notify the Commission in writing within one (1) day of pumping, to in form the Commission as to the nature of the emergency and the expected duration of the emergency. A water

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use report shall also be filed pursuant to Standard Condition 10 and Administrative Rule 13-168-7.

59. Note DOH's requirements related to non-potable water systems (attached to original permit).

60. Standard Condition 16 requiring the submittal of a water shortage plan is waived.

61. All non-potable spigots and piping shall be clearly labeled as "DO NOT DRINK, NON-POTABLE" to prevent direct human consumption.

62. Standard Condition 10 is modified. Due to the inability to take water level measurements, the requirement to measure monthly water levels is waived. In addition, as long as the U.S. Geological Survey is collecting and analyzing the chloride content of the well water, the requirement for the permittee to measure and report chlorides is also waived.

63. Well elevation components must be surveyed by a licensed surveyor and this information must be submitted to commission prior to issuance of permanent permit.

64. The permittee shall obtain approvals from the Department of Health and the U.S. Environmental Protection Agency prior to use of the water.

65. This water use permit, WUP No. <Insert #>, shall supersede WUP No. <Insert #>.

66. WUP No. <Insert #> is revoked

67. Standard Condition 17 is waived.

68. Standard Condition 22 for interim water use permits shall not apply.

69. To supplement our records, we request that you provide a map of the Galbraith Est. lands west of Wahiawa (2100 ac+-) and the associated TMK's for use area.

70. Deferred action on portion requested for golf course irrigation pending further refinement of irrigation requirement and a feasibility study for utilization of surface water sources, including Wahiawa Reservoir.

71. Written justification be provided for any 'cushion' of 0.5 mgd.

72. The water use permit shall be an interim permit. The duration of the interim permit shall be until treated wastewater is available and acceptable for use. The permittee shall continue discussions with Honolulu Board of Water Supply regarding the use of reclaimed water.

73. The permittee is put on notice that this is a qualified approval in that this permit may be modified or revoked prior to the expiration of the interim permit if the

o o

Commission decides that the use of additional basal ground water for dust control and landscape irrigation is not reasonable-beneficial use.

74. The permittee encouraged to use drought-tolerant landscaping to conserve water.

75. Should the applicant provide written evidence that the county DHCD approves a 201E exemption for the elderly affordable housing project then the applicant may modify a corresponding portion of their existing aquacultural use to be used by the exemption approved project within the Commission approved water use permit limits under recommendation 5.

76. The applicant shall obtain a water lease/permit from Land Division prior to actual use of the well water.

77. Require the permittee to sign a contract by May 14, 1998 with the City Department of Wastewater Management to buy and use 0.400 mgd ofR-1 water for a corresponding reduction in allocation for Well Nos. 1900-02, 17 to 20, and 1901-03.

78. Standard Condition 9 is waived.

79. Standard Condition 10 is modified to exempt the permittee from monthly measurements of salinity and temperature.

80. Standard Condition lOis waived.

81. Applicant must seek a determination from BLNR and Land Mgt Divas to whether water license required. If required, license must be obtained prior to issuance of permit. If not, permit will be issued w / out further action.

82. Commission defers action on use in excess of 452,000 gpd pending additional info from BWS and further staff analysis.

83. The permit shall be subject to the Commission's sustainable yield review by December 1990.

84. The Commission shall delegate to the Honolulu Board of Water Supply the authority to allocate the use of water for municipal purposes, in accordance with §174C-48(b) HRS.

85. Honolulu Board of Water Supply shall be exempt from the requirements of permit modifications as provided in §174C-57.

86. BWS must participate in discussions, to be coordinated by Commission Staff, regarding a monitoring program to address impacts to Kaneohe Bay water quality, prior to any action on applications for future municipal uses.

87. A pump installation permit application must be made and approved prior to the installation of a permanent pump.

o o

88. The water withdrawn shall be 0.7 mgd for municipal use.

89. The installed pump capacity of the well shall not be more than 700 gpm or 1.01 mgd.

90. The term of permit shall automatically expire twelve months from the date of Issuance.

91. The Honolulu Board of Water Supply may continue to submit monthly water data on their own form, provided that the data are submitted in a format that is acceptable to the Commission staff.

92. Standard Condition 7 shall not apply.

93. Standard Condition 22 shall not apply.

94. Standard Condition 10 is modified to exempt the permittee from monthly measurements of salinity and temperature.

95. This permit shall be subject to conditions providing for stream restoration if the Commission determines that additional water should be returned to the streams.

96. HECO 1 mgd for industrial use

97. Campbell Estate 1 mgd for municipal use through BWS, by separate agreement with HECO

98. BWS 1 mgd for municipal use.

99. The permit shall be subject to the Commission's sustainable yield review by <Insert Date>.

100. The applicant shall obtain the current version of the Department of Health's Guidelines Applicable to Golf Courses in Hawaii. Where relevant and viable, items of the guidelines should be implemented and sustained appropriately. To obtain the current version, contact the Safe Drinking Water Branch, Environmental Management Division at (Honolulu).

101. The future use portion of the application shall be deferred until existing uses in the Koolauloa area are established.

102. The water to be withdrawn under this permit shall be a total of 0.03 mgd (0.02 mgd preserved plus an additional 0.01 mgd permitted use), averaged annually, for domestic and irrigation use

103. Existing well 1851-09 shall be properly sealed by a licensed drilling contractor. A well modification permit application, enclosed, shall be submitted to the Department for approval of the well sealing. A filing fee for sealing the well will not be required.

o o

104. The permittee is required to test the source using a' certified private laboratory and submit the test results to the Commission within three (3) months. The Commission will then forward the results to the Department of Health for their review. The Department of Health recommends that the well be routinely tested for microbiological and chemical parameters thereafter.

105. The permittee is required to submit a completed Registration of Well and Declaration of Water use by <Insert Date>.

106. The permitee shall contact the Department of Health for a written determination on the status of their water system and comply with any Department of Health requirements for monitoring and testing.

107. In the event that the original spring source decontaminates, the new well authorized will be shut down.

108. That within each aquifer the total permitted use shall not exceed the sustainable yield.

109. That any water available for allocation shall be for in-district use.

110. That scheduled reductions to Oahu Sugar Co. permitted use shall be initiated upon final termination of an Osco lease or sub-lease, whichever occurs later.

111. That permits for water use issued in accordance with the proposed schedule shall be interim permits subject to review and adjustment by 1995.

112. That the permit shall be an interim permit for a new use which is afforded to existing users as specified in §13-171-20.

113. That the original allocation of 0.200 mgd shall be taken to hearing for possible revocation at a later date to complete the transfer of the water use permit entirely to Well No. 3407-02. This revocation would reduce the current allocation afforded to the Kunihiro Well (Well No. 3406-06) to zero.

114. This allocation incorporates the unspecified domestic needs of the applicant and therefore necessitates a single meter be installed at the well.

115. Should any impacts to nearby wells or streams be established by the use of this well, the applicant shall address these issues to the satisfaction of the Commission.

116. If an economically feasible nonpotable source is identified, the applicant shall convert to the alternative nonpotable source.

117. The permit shall be subject to the Chairperson's approval of a water use plan recommending possible measures to prevent or minimize saltwater contamination and establish courses of action to follow should the aquifer become to saline to use.

o o

118. Permittee shall provide the necessary end-use information on the 10th residence to allow regulation of the use under Chapter 174C.

119. Standard Conditions 10 & 18 shall not apply.

120. Standard Condition 10 is modified to exempt the permittee from the requirement to install a flowmeter. Salt water withdrawals may instead be estimated based on pumping capacity and run time.

121. The applicant shall review the existing year long period of pump age and stramflow data and provide analysis on ground and surface water interaction. Deadline is January 25, 1994.

122. The water use permit for Well Nos. 2301-27 to -32 for 0.75 mgd (WUP No. 419) shall be revoked upon issuance of a pump installation permit for the well.

123. The permittee shall use mulching to decrease evaporative losses and manage irrigation scheduling to minimize water demand.

124. The permittee shall submit a detailed agricultural plan to support any future water use permit application for increased agricultural use at this parcel.

125. If not already obtained, the permittee shall seek and obtain any necessary permits from the Department of Health for the proposed discharge to Malaekahana Stream.

126. Standard Condition lOis modified to waive the requirement for installing a water meter on Well Nos. 2358-21,22, and 29. The permittee shall install a water meter on Well No. 2358-26 to measure total monthly flow through the discharge line. This quantity should then be assumed to be the rate of natural flow from the other three wells for monthly reporting purposes.

127. The permit shall be effective upon submittal of documentation by Navy that it has met the DOH requirements for a public system.

128. This WUP shall be subject to Army's application for a WUP to reduce the permitted use of the Army's Schofield Shaft (2901-02 to 04, 10) by 0.208 mgd to a new total of 5.648 mgd. The Army's application shall be submitted within 60 days after the approval of this WUP or this WUP shall be void. Approval of the modification request shall be obtained from the CWRM prior to use of Well No. 3100-02 and issuance of this WUP.

129. Navy shall submit an after-the-fact PIP A, and approval of the permit shall be obtained prior to use of the well.

130. The well shall not be used for drinking water purposes unless it is properly tested and treated.

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131. This permit is approved subject to reclaimed water becoming a practical alternative and provided that the Department of Health approves the reuse application.

132. Should any opae ula be recovered in the well water, the permittee shall notify the Division of Aquatic Resources and provide specimens to the Division of Aquatic Resources for analysis.

133. If a single meter at the well is used, the Commission shall allow an additional 1,000 gallons per day to the water use permit amount for the domestic needs of two residences, although a permit for individual domestic consumption is not required. Otherwise, the applicant must provide a meter to separately measure the irrigation consumption.

134. This permit is approved under the requirement that conversion to either: 1) treated wastewater becoming available for reuse as an alternative supply source, provided that Department of Health concerns over the use of treated effluent over the potable water aquifer have been addressed; and/or 2) other nonpotable source becoming available will occur in a timely manner.

135. These permits shall be subject to a review of actual use within four years for possible modification of the permitted amount.

136. The permit shall be reviewed in two (2) years for possible additional revocation due to nonuse.

137. The allocation is based on the projects listed in Exhibit 5 (of Item 10 of the May 20, 1998 Staff Submittal), except for the Queen's Beach GC (TMK 139-11-2,3), Lot 9 (TMK 139-17-51), and Varsity Place (TMK 128-24-35).

138. Kamehameha Schools Bishop Estate/Honolulu Board of Water Supply shall transfer the water use permit within ninety (90) days of the effective date of the transfer of the pump station to the Honolulu Board of Water Supply, pursuant to §174C-59 Hawaii Revised Statutes.

139. The permittee shall ensure that the water is recycled by either directing it into the Waiahole Ditch for use by downstream farmers (subject to the approval of the Agribusiness Development Corporation's Board) or into Waikele Farm's existing irrigation system.

140. The permittee shall file a completed application to modify WUP No. 758 to reduce the allocation by 0.100 mgd within 60 days. If a completed water use permit modification application is not received within 60 days from this submittal's date, then the subject water use permit application (WUPA No. 767) shall be deemed denied without prejudice without the need for another hearing.

141. The water withdrawn shall be for municipal use. No improvements to the existing sources are required as the existing source capacities are greater than the increase.

o o 142. Water license must be determined through LM.

143. Proposed other uses will be considered at a later date.

• • MEMORANDUM FOR THE RECORD

FROM: Lenore Nakama SUBJECT: Water Conservation Letter

9/8/03 Anthony Lopez called re: our 8/29/03 letter. He said he hasn't used the well for at least the last 2 years. They are thinking of selling the property. Mr. Lopez or the new owners (if the land is sold) may still need to use the well water.

• "' "" COM.Q.'ON ON WA=:RCE MANAGEMC

FROM: ~ DATE: 1!..!:it!!C/- FILEIN: __ 3_4"-D.......;6""--......I.,;,,;lb~_ TO: INIT: (J TO: INIT:' • FOR: PLEASE:

SURVEY BRANCH

R.LOUI S.KOKUBUN F. CHING S. SUBIA K. YODA K. OSHIRO

E. HIRANO G.BAUER N.FWII

FIELD SERVICES & TECHNICAL SUPPORT

Y.SHIROMA R. JINNAI M.OHYE I. KUNIMURA S. SWANSON

REGULATION BRANCH

E.SAKODA

APPROVAL SIGNATURE

R. HARDY (\.1e, . L. NAKAMA DvV 10 U!>~'u D. H1GA

PLANNING BRANCH

S. EDMUNDS L. MIZUNO

See Me Review & Comment Take Aclion

__ Type Draft __ Type Final

File Xerox __ copies

__ Suspense Date:

.. . o Q Form 8810·1 //

STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGt;fv1~NT,\ " '~\_F r: r

DEPARTMENT OF LAND AND NATURAL RESOUru::~S;".' " DIVISION OF WATER RESOURCE MANAGEME'·rr"" '~,- ,.

REGISTRATION OF WELL AND

DECLARATION OF WATER USE

INSTRUCTIONS: Plea .. type or print. If Information is not available or not applicable, indicate as N/A. Fill out as completely as possible, sign, and file form with the Commission on Water Resource Management, P.O. Box 621, HonolUlu, HawaII 96809. Phone or for assistance.

BATTERY OF WELLS: For a battery of wells, on the surface, in a tunnel, or in a shaft, submit a registration form for each well together with 8 single map or plot plan showing layout of wells.

STATE WELL NO.: ...:;N~/.:.:A __ _ ISLAND: ~OA~H~U:....._ __ _

WELL NAME OR DESIGNATION: ...t,At... • ..tJ ...... ..JL~Ou:P:.c.E~Z...iS:u.Q.wNI4lS .... _Tu:NlI.C ...... ____________ _ SOURCE OR STATION NAME (For abanery of wells): -=.,:N.!..,;/A::-________ ....;.-_____ _

A. WELL OPERATOR B. OWNER OF WELL SITE

Firm name: A, J, LOPEZ SONS. INC. Contact person: LOUIS A, LOPEZ Address: 1729 KILOHI STREET

HONOLULU, HAWAII

Firm name: A,J, LOPEZ. SONS, INC,

Contact person: LOUIS A. LOPEZ. Address: 1729 KILOHI STREET

HONOLULU ~ HAWAII

Zip: 96819 Phone: Zip: 96819 Phone: 2=--__ _

C. WELL LOCATION Tax Map Key: 6-6-15: 04 Town, Place, District: HALEIWA. WAIALUA PISTRICT

Attach USGS "Quad" map (scale 1 :24,000), tax map, or other map showing the well locati~n. (see Figures 1,2, and 3)

D. WELL OATA For Drllll~ Willi, submit 'as-built' drawing, driller's log, and pump lesl results, and complele Items below. For Tunnels end Shafts. submit conslructlon drawings, plot plan. or skelch map.

Year drilled or constructed: CIRCA 1935 Ground elevation (Mean sea level): 5 ft. Reference point (Used 10 measure depth 10 water): Well'contractor: UNKNOWN; PROBABLY HAND

DUG BY LAND OWNER . Elevation: 1 ft. Description: GROUND ELEVATION -Casing diameter: NOT APPI,ICABT.E in.

Solid casing depth (Below ground): N/A ft. Perforated casing depth (Below ground): NIA ft. Total depth of wei!: 8 ft.

Depth to water (Below reference polnl): -.-;;5 __ ft. Maximum reCorded chloride: 45 ppm * Minimum recorded chloride: N/A ppm Maximum chloride in 1987: N I A ppm Minimum chloride In 1987: __ N_I_A ___ ppm

*CHLORIDE LEVEL TESTED 12 JULY 1994,SEE ATTACHED, E. INSTALLED PUMP DATA

Pump type: 0 Vertical shaft- 0 Submersible ~ Centrifugal 0 Other (specify): ______ _

Power: 0 Diesel, _ HP iJ Gas, l- HP 0 Electric, _ HP D Other (specHY): ___ _ Pump capacity: 300 I gallons per minute Pump Installation contractor: PUMP INSTALLED BY LAND OWNER IN EXISTING loiELL

(SEE FIGURE 4)

... (continued over)

For Official Use Only: Date received: ___ Date accepted: __ _ Field checked by: ___ Date: _ Latitude: __ ~,:--_ Comments: ___________ Longitude: ____ _

Hydrologic Unit: ___ :-State Well No.: '?,10~ - I Ie>

• References: Hawaii Revised Statules. Chapler 174C.

Hawaii Administrative Rules. Chapters 13·167 to 13-171.

o o F. DECLARATION OF WATER USE

NOTE: The purpose of the Declaralfon of Water Use Is to obtain Information necessary for the management of the Siale's water resources. The Declaration does not confer a legal right to water or lis use.

Water use data are recorded: 0 Dally 0 Weekly 0 Monthly [) Other (Oe8Ctlbe): PUMP OPERATED APPROX. SAME TIME DAILY

Method of measurement: 0 Flow Meter 0 OrHlce NO WRITTEN RECORD MAINTAINED [Xl Other (Oescrbe): PUMP IS FILLED WITH FUEL & RAN UNTIL EMpTY

ONCE EACH MORNING AND AFTERNOON. RUN TIME OF APPROX

2 HOURS AT 300 GPM (2*2HOURS @ 300 GPM = 72,000 GPD) Quantity of Use (Report metered or estlmaled monthly wal.r us. 'rom the well d .. crIbed on the reverse side of Ihls form, for Ihe calendar years 1983 Ihrough 1087. For a banery of wells which are nol Individually metered, but which are connected 10 a lingle meier or other measuring device, report tolal use from Ihe ballery.):

WATER USE, IN GALLONS X 1000 90 91 92 93 94

1983 198ti 1989 1986 1987 Januarv 2 .232 2 .2~2 2,2U 2 ,2]2 2.232 Eebruarv 2,016 2,016 2,016 2,016 2,016 March 2,232 2,232 2,232 2,232 2,232

ADrll 2,160 2 160 2,160 2 160 2,160 Mav 2,232 2,232 2,232 2,232 2,232

June 2,160 2,160 , 2,160 2,160 2.160 Julv 2,232 2.232 2.232 2.232 2,232 Auaust 2,232 2 ,2]2 2,232 2,232 2.232 SeDtember ? 1 f\n 2 160 2 1 f\n 2 160 2.160 ~tnhAr 2 232 2.232 2,232 2,232 2,232

November 2,160 2,160 2,160 2,160 2,160 0 ... ·· ........ r 2,232 2 ,2]2 2,232 2.2]2 2,232 ANNUAL 26,280 26,280 26,280 26,280 26,280

Minimum day's use: 70.000 gallons Maximum day's use.: 110,000 Typical times of usage: 2 HOURS IN MORNING & 2 HOURS IN AFTERNOON

_ gallons

Type of Use (Check all category boxes that apply and provide additional Information as Indicated.):

Category

o Municipal (Includlnp resorts. hotels, businesses,

o Domestic (syslems serving 25 people or less)

!Z] Irrigation

o Industrial

o Military

o Other

Additional Information

Number of service connections: __________ _

Acres IrriQ!ted: 13 Crop(s): U Sug-a-r --... O..--p-In-e-ap-p-Ie--------

~ Other (specify): TRUCK CROPS Non-Crop: 0 Landscape ':;':';:':';:;:;O:"-=:::G:'::O~lf ~C-o-ur-se-----

o Other (s.Q.eclfy): __ -,...,,....,.... _____ _ Method: [J Drip U Furrow . 0 Sprinkler

o Cooling 0 Manufacturing 0 Mill o Other (specify): ____________ _

Specify (liveslock, aquaculture, elc.): ___________ _

I declare that the contents of the above Declaration of Water Use are, to the best of my knowledge and belief, true, correct, and complete.

Water User's Signature: ~c: ~ Date: gll?/~</ Printed Name: LOUIS A. LOPEZ ~ Firm or Title (Well Operator, etc.): ...;;,A;;.;. • .;;;;.J..;... • ..;;L;.;:;O.;;;;.PE==Z;;.".::;S.:;.ON:.:.:S:::..o'I--=.I.:.:.;NC~.~ _________ _

o 0 FIELD INSPECTION INFORMATION CHECKLIST (Ver 4/3/91)

PART I: USE OF WATER Declarant's File Reference: LOPEZ A J

1. Tax Map Key where the water is used: 6-6-15:04 Does the declarant own this land? Yes What is the water used for? Irrigation If for irrigation, how many acres are being irrigated? by crop type? 13 acres, truck crops. If for livestock, how many and what kind? n/a If for drinking, at how many houses? n/a By how many people? n/a

3. Is the quantity of water use being measured? No If yes, document the location of the measurement point and method of measurement; also get use records if these were not submitted previously.

4. If this person takes from a multi-user pipe or ditch system?

PART II: WATER SOURCE Source/Well II 3406-16 Name: LOPEZ WELL

1. Where does the water come from/what kind of source is this? Modified spring

2. Show the source location on maps, determine latitude and longitude, and document the nature of source development by measurements, sketches, and .photographs. How is the water taken? Homelite portable gasoline pump What is the capacity for taking (gpm)? 293 gpm How often is it taken (used)? Twice a day/mornings and late afternoon

3. Tax Map Key at the source: 6-6-15:04 Determine declarant's relation to source. Does the declarant: 1) Operate and maintain the source? Yes 2) Own the land at the source? Yes 3) Use the water from this source? Yes 4) Own the land where the water is being used? Yes

4. Does anyone else also use water from this source? Yes If yes, is their use included in this user's declaration? Yes Who are the other users? Did they file? No

REMARKS: Lopez rents land to 3 different farmers

VERIFIED BY: M.Ohye, Y. Shiroma DATE: Sept. 17, 1994

o o STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

P.O. Box 621 HONOLULU, HAWAII 96809

FIELD MEMORANDUM

DECLARANT (FILE REF.): LOPEZ A J

PRESENT: Chris Lopez (Brother), M. Ohye, Y. Shiroma

LOCATION: TMK 6-6-15:04, Aukai Lane, Haleiwa )

SOURCE(S): Well 3406-16 (Modified Spring)

USE(S): Irrigation 13 acres various truck crops

FIELD NOTES:

DATE: 9-16-94

SOURCE: Well 3406-16 Lopez Well is a modified spring approximately 6 ft. in diameter and 8 ft. deep. According to the Declaration this well was constructed around 1935 by the land owner. Water is taken using a 3 H.P. Homelite portable gasoline pump. The pump capacity is 293 gallons per minute .

.llS.E.; Water is used for the irrigation of 13 acres of various truck crops. Typical times of use is twice a day depending upon weather conditions. The well has no meter, amount of water is calculatd by time and capacity. Three different farmers rent land from the Lopez Family.

LOCATION: Source and Use, TMK 6-6-15:04, GPS: Lat. 21 34 53 Long. 158 06 54

OWNERSHIP: A. J. Lopez Sons, Inc.

WATER ANALYSIS: Chloride content is 45 ppm, analysis done by E.L. Pacific Environmental Laboratory .

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PIPE IN CONC.(fd)~ < --~33' !2~63-30- - - - ~3T -- 81.00 ci /' /' t -- -- - ci. J --------------1

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to Pepe : I , t ,

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A.P. 892. L.C. Aw. 8826. Ap. 2 to Keleleelee

EXISTING WELL b SHED LOCATION AFFECTING

PORTION GRANT 236. APANA 1 TO J.D. DAVIS

THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AT PAALAA KAI. WAIALUA. OAHU, HAWAII

&rz.~ SCALE

AUGUST 16. 1994 1 IN. = 30 FT.

WALTER P. THOMPSON. INC.

TAX MAP KEY : 6 - 6 - 15 : portion 04 94135tOO.mtp/1082.67/1mdc/eug16 FIGURE 3

Documents

o o · 2013-11-14 · LORETTA J. FUDDY, A.C.S.w., M.P.H. NEAL S. FUJIWARA LAWRENCE H. MilKE, M.D., J.D. WILLIAM M. TAM DEPUTY DIRECTOR Ref:wup.353,act This letter serves as your official