Water Struggle Continues.........

Hui Lihikai's efforts to keep North Kohala's water in North Kohala has expanded to the TV airwaves. Public access TV that is. The North Kohala Water Hui in concert with Hui Lihikai has put on a series of four educational, call-in question and answer programs. These programs covered a wide range of topics from: The "Water Bureaucracy", County, State and Federal, and their functions in relation to North Kohala's water situation. Laws governing water. Environmental Assessments and Environmental Impact Statements. Also Strategies to combat the proposed pipeline project. Finally we discussed the need to to "kill" the project.
Our final program opened with Hui Lihikai's Video, "North Kohala, the Silent Treasure. We then had testimonials from three kama'aina residents, namely Joe Chang, Audrey Veloria and Kindy Sproat. We closed with the message that we were sending out a questionnaire/survey the results of which we will present to the Community and the County Water Commission. Our Programs were broad-cast by Kamehameha TV and we're not sure what our audience was. In other words, how many viewers did we have? In any event, the survey results will help the County Water Commission form an opinion on the pipeline project. Our reading of the County Charter makes it clear that they have the power to "kill" the project. Let us hope that they do just that.

Survey Results Back, Respondents Overwhelmingly Oppose Pipeline

When we started on this newsletter, we had intended to send it out in April. Somehow that never happened with all that is going on. As a consequence we have the results of the survey back. Of the 1,834 questionnaires we sent out, 239 were returned. That's a return of 13% which is considered quite good for this type of mailing. Some of the surveys indi-cated they represented households and or families of 4 or 5. To the key question, "Do you oppose the Pipeline ?", 95% answered that they opposed the pipeline.
As soon as time and funds allow, we will be mailing the results of this survey back to the community with an appeal for funds. If enough money is raised the monies will be used to initiate a lawsuit in Federal Court invoking the National Environ-mental Policy Act (NEPA) to force a Federal Environmental Impact Statement (FEIS) to be done on the Kohala Water Transmission System Project (the Pipeline). If a federal court decides that an FEIS is required, the door will be open for the community to hire their own Hydrologist. Dr. Robert Willis a professor from California State University Humbolt, has already done preliminary studies. These studies indicate the present Environmental Impact Statement (EIS) already accepted by the State of Hawai'i, is deficient in several areas. We welcome the chance to introduce information, ignored by the County Department of Water Supply (DWS) at best, and suppressed at worst. Among these oversights would be the knowledge that water sources existed closer to the demand centers (the speculative future developments from Kawaihae to Puako) and therefore cheaper.
The lawsuit challenging the adequacy of the first EIS, goes before Judge Greg Nakamura in the Third Circuit Court again on Friday June 13, 1997. We are not optimistic but as they say,"it ain't over, till it's over! "
If we lose, an appeal to the State Supreme Court is always a possibility. There are two reasons that we might not appeal. One would be if we feel the appeal might result in a decision that would set a bad precedent for future challenges to an EIS. The other would be a lack of funds.
When we initiated the lawsuit in the Third Circuit Court in Hilo, we did so without an attorney or pro se as the courts call it. In about December of 1996, Hawai'i La'ieikawi Association of Oahu and it's Director Dr. Jim Anthony agreed to let us use their attorney, Isaac Hall. We agreed to a $2,000 cap on Mr. Halls services and we have now exceeded that cap. At this point in the proceedings and with a number of unsuccessful appearances before Judge Nakamura, we are taking a hard and realistic look at investing more time and money.

Chalon / Mahukona Case Update

Hui Lihikai's lawsuit against Chalon and the Hawai'i County Planning Commission is moving to the State Supreme Court. Our attorney Steve Strauss is hoping to file the appeal in June. We should note here that Steve has worked free of charge since the inception of this lawsuit in 1993!! We would like to send him some money. If anyone feels like earmarking a donation specifically for Steve, you may do so by putting his name in the item portion of your check and we will see that he receives it.
At Mahukona, Chalon has started some grading. Between Kapa'a Beach Park and Mahukona, what appears to be a bulldozed line around their golf course, can be seen. We wrote a letter to Mike Gomes of Chalon, asking what was going on and have received no response to date. The local chapter of the Hawai'ian Civic Club has an informational meeting with Chalon June 29th on the same subject. What seems amazing to us, is the fact that Chalon would proceed with this grading while litigation concerning their project at Mahukona is still pending. Do they know something we don't ?

Coastal Trail.....Still Going !!

According to Rodney Oshiro of Na Ala Hele (the division within the Department of Land and Natural Resources charged with responsibility for all hiking trails statewide), the section of trail bordering Puakea Ranch and the Isaac property, is undergoing a Shoreline Certification survey. The purpose of the survey is to determine the high water / tide mark. Then the State will proceed with acquiring legal title to the land at which point Na Ala Hele can proceed with re-establishing the trail. On June 3, 1997 we called and spoke with Betty Miyashiro of DLNR'S Land Division. She said that the survey is completed and has been accepted by her division. A notice will be posted June 8, 1997 in the Environmental Notice as required by law. There is a 20 day waiting period and if no objections are received by her office, Na Ala Hele will take over. This trail was illegally blocked in 1985 and that action was challenged by Hui Lihikai in 1991. It's return has been a lengthy process and a lot of fishermen and hikers will rejoice that justice has finally been served.

Makapala Mauka An Issue Of Trust

As if there weren't enough land and water issues already in North Kohala, we now have another one. An ecocamp has been proposed for 468 plus acres that lie above the ditch and into the forest preserve, just past Makapala.
The thrust of the proposal is that developers would like to erect up to 100 semi-permanent tent / cabins and related visitor center on 15 of these acres, for guests to be transported in and out, probably for a week at a time, to exper- ience the real "natural" Hawai'i.
As written and drawn, the project would be an ecologist's dream. No bulldozing, catchment water, solar hot water, solar electricity, organic vegetable gardens and farming, restoration of native forests on the old cane fields now being used for pasture, a wellness center, a cultural center and local jobs. Sounds to good to be true. For three reasons, it may be.
First, all of the above 'amenities', can be permitted without any public comment except the 15 acre visitor center which would come before the County Planning Commission. (Did the 15 acres ring a bell. Remember Chalon's "Lodge" at Mahu-kona) By keeping it 15 acres or below the developers avoid doing an Environmental Impact Statement (EIS) an therefore avoid getting approval of the State Land Use Commission (SLUC) at which point public comment is allowed. SLUC recently ruled against a similar type "Ecocamp" on Moloka'i due in part to local opposition.
Secondly, the developers are Dr. Jim Brand and Lou Reese. Many feel that they were directly responsible for Chalon's presence here with all the problems that presents in trying to deal with Soichi Kamon the Japanese based owner.
Finally, they chose Tom Yamamoto to push their project through the permitting process. Mr. Yamamoto's past track record with Nansay has not indicated a concern for either the environment or the concerns of residents surrounding pro-jects. Additionally this Texas based Hui owns 149 acres makai of this project which runs from Hapuu Bay to Kapanaia Bay. Mr. Yamamoto has been making inquiries of The County Planning Director, Virginia Goldstein, as to how many "legal preexisting lots" are of record for those acres. Under the Planning Directors determination of "legal lots", the number jumps from 15 to 34. It has all earmarks of a gated community in the making. Be-
cause of the cast of characters involved we must take a wait and see approach.
Hui Lihikai has longed to be pro-active in-
stead of always having to put out brush fires here and there. In April we met with Dr. Brand and David Fuertes to hear their proposal. We then asked them to include conditions and covenants to the permits guaranteeing the 'amenities' promised and also that these promises will be passed on to any successors of the property whether through voluntary sale or bankruptcy proceedings. If these conditions are met, Hui Lihikai will support the mauka project.

Special Management Area (SMA)

The Special Management Area (SMA), developed several years ago by the state, requires extra safeguards for the land within 500 feet of the ocean in order to prevent harmful development. Added to that 500 feet are areas which also deserve that special attention. In North Kohala, for example, the SMA includes---along with other land---most of the coastline up to Akoni Pule Highway.
Recently, the Hawai'i County Planning Director asked the Planning Commission to take virtually all of the lands beyond that 500 foot boundary out of the Special Management Area. Over 700 signatures were presented to the Commission protesting the lifting of this necessary protection to the North Kohala Coast. We won !! Because of the strenuous protests of residents from many parts of the Big Island, including North Kohala, the Planning Commission cut back on the SMA only in the Hilo and Kona areas.
The fight isn't over though. We're sure the Director will be back to try again. And we shouldn't expect the SMA classification to give our coastline complete protection. What follows is one example of what it didn't do.

Kohala Makai ll..........

At the southernmost end of North Kohala's coastline, bordering Hawaiian Home lands, a 50-lot residential development which has been on the drawing boards nearly 20 years is now underway. The developers, Kohala Waterfront Joint Ventures, have started grading. As far as we can find out, however, no grading permits have been issued.
On checking with the Public works Department, it turns out that the bulldozers can churn up to 100 cubic yards of dirt in that fragile area without obtaining a permit, providing they don't go down more that five feet.
The Health Department, says only a settlement basin is required, but does nothing to enforce that requirement. As you can see, runoff, and it's effect on the fish population, the coral reefs and the general ecology of the coastline adjacent that development weren't prevented by SMA regulations
The moral of all this, is that we must maintain our vigilance to keep our safeguards, and do our best to see that those safeguards are enforced.

Kahua 1st by Gentry Pacific, LTD

More discouraging news. Just north of Kohala Makai ll, Gentry has received the preliminary go ahead for a similar 50 unit project. This project will be located directly across from the entrance to Kohala Ranch and will run southward on 38.8 acres towards the Kohala Makai ll development. More on this in our next newsletter. However it seems obvious that the Yamashiro administration and his appointed lackeys, the Planning Director and the Planning Commission, will not stop until our shoreline is ringed by gated communities.

You Should Know..........

Who has been the bank roll for Ka Makani O' Kohala with it's cast of characters who successfully fought the HELCO power plant at Hala'ula? Same question for Save Our Children's Water with a different cast of characters, presently waging the war for our water ? The lion's share of the expenses have been paid for by Hui Lihikai and your donations. Two generous donations have allowed us to survive through the lull between newsletters. When you receive this newsletter we will be down to the cutting edge, so please consider a donation or a purchase of some goods on our order form. Mahalo.

The Na Makani Energy Initiative

We'll close on a positve note. One result of the HELCO foray is Na Makani. This group of local residents has received a grant of $4,250 from the County to pursue the goal of community based plans for the use of renewable energy resources and conservation. They are planning a series of 3 energy forums to be held in North Kohala, which will be televised, beginning on July 1, 1997. This group is an example of the human resources living in North kohala and the forums will showcase the regions energy potential.