Kauai getting FERCed

SUBHEAD: Deadline for the KIUC petition has been pushed back again, and a few more signatures need to be collected. By Juan Wilson on 24 April 2011 (updated 5/5) for Island Breath - (http://islandbreath.blogspot.com/2011/04/kauai-getting-ferced.html) [Note: Aloha all. Adam Asquith informed me today, May 5th, 2011, that the the legal council to KIUC indicates that the deadline for submission of the petitions to KIUC is calculated in business days, not calendar days, and therefore we have a bit more time than was last announced for getting all the petitions we need... and we are close, depending on verification of signatures. Go sign'em brah!] Image above: Cosnstruction of the TVA's Douglas Dam in Tennessee in 1942. From (http://www.simplelifeprattle.com/history/the-real-history-of-hill-folk-and-the-hillbilly-image/attachment/tva-douglass-dam-1942-by-alfred-t-palmer). This issue is not over. The petition drive collected several hundred signatures. Only 250 were required, but many did not have the critical KIUC account number with the signature. We need many more signatures to clear the hurdle with a safe margin. WHAT: 250 names and addresses with KIUC account numbers on a petition. WHO: Current KIUC members only for this petition. Anyone can collect signatures. ACTION: Download petition. Sign it with your name and account number. Ask others to sign. WHEN: (updated deadline) Deadline Noon, Monday, May 9th 2011 for submission. RESULT: Compel KIUC to re-call the request for FERC application. SUBMISSION: Contact Coordinator or Adam Asquith for submitting hard copy. See below. Download Background Sheet (with this Background Information) (http://www.islandbreath.org/2011Year/04/110405fercinfo.pdf) Download No FERC Petition Sheet (to sigh and distribute) (http://www.islandbreath.org/2011Year/04/110405fercpetition.pdf) Mail petitions to: Adam Asquith 4654 Hauaala Road Kapaa HI 96746 (808) 635-8290 adam_asquith@yahoo.com This from Ken Taylor (taylork021@hawaii.rr.com):

As I understand it, KIUC bylaws only allows us to question what they do by petition. The bylaws requires 250 signatures and their KIUC account number. We have until next Friday. As I see it, all this other chatter is good. But first - WE must STOP…KIUC from moving forward with FERC. Or be happy, to turn our water rights and land use (eminent domain) over to the Fed’s (FERC). I think the question is, do you want to give your water right decision making over to the Fed’s??? It’s made very clear, in Calif. Vs FERC. See "FERC Trumps State (http://islandbreath.blogspot.com/2011/04/ferc-trumps-state.html). 150 SIGNATURES NEEDED BEFORE FRIDAY, APRIL 29th.

This from Adam Asquith (adam_asquith@yahoo.com):

My understanding is that the Board's action of March 29 does two things:

1. It commits us to the FERC process.
2. We hire FFP as a contractor to go through the process.

Some of this is based only on what KIUC tells us, because we are not allowed to see what we are actually paying FFP to do. Our petition would do two things:

1. It would bring the Board action of March 29th (FERC and FFP) to a full vote of all KIUC members.
2. It would allow for a Special KIUC meeting where this action would be discussed before we vote.

It may or may not stop the process, but it will allow us to determine if we want to let the Feds determine our water use. It is very important that you read the Supreme Court ruling that Ken sent out. It is shocking. The State of California actually asked for MORE water to be left in the stream for fish. FERC gave less water and the Supreme Court said FERC gets to put in as little as they want. As shocking is the original case that is cited as First Iowa. In this case the State of Iowa complained to the Supreme Court that a developer was trying to build a hydro system with NO STATE PERMITS. The Supreme Court ruled that they DID NOT NEED ANY. FERC is probably the most far-reaching intrusive government system other than the military. And KIUC just invited them in.

This also from Adam Asquith (adam_asquith@yahoo.com):

There are at least 3 entities on island that have hired law firms and consultants to fight this process. Currently they are all taking the "stop FERC" approach rather than petition as an intervener, which would just validate the FERC process. Probably the strongest tool we have (after our KIUC issue) is arguing that FERC has no jurisdiction on any of these streams. FERC only has jurisdiction on "navigable waters of the U.S." Look up this term. The courts have historically interpreted this very broadly, including Indians paddling canoes and recreational boating. Nonetheless, 15 years ago when the first Wailua FERC application went in, the State of Hawaii successfully argued that the UPPER Wailua is not and never was navigable. They (the State) have a letter from FERC agreeing with them and dropping the early permit. We need to get a copy of this letter from the State (call our reps and State DLNR) and ask them to respond to FERC the same way.

See also: Ea O Ka Aina: FERC Trumps State 4/23/11 Ea O Ka Aina: Lihue & Kilauea-FFP meeting 4/21/11 Ea O Ka Aina: FERC Jurisdiction Over Water 4/20/11 Ea O Ka Aina: KIUC-FFP Waimea Meeting 4/19/11 Ea O Ka Aina: KIUC, Stop FERCing Kauai 4/5/11 Ea O Ka Aina: KIUC sells off Water Rights 4/3/11 Ea O Ka Aina: Kauai Hydro Projects Power Up 1/19/11 Ea O Ka Aina: KIUC Wailua Dam Plans 1/17/11 .