SUBHEAD: In summary KIUC has asked a mainland company to seize the water rights and develop several hydroelectric projects on Kauai.
By Ken Taylor on 1 April 2011 in Island Breath -
(http://islandbreath.blogspot.com/2011/04/kiuc-sells-off-water-rights.html)
Image above: Privitation of water rights cartoon by M. Wuerker.
In an act of either ignorance or audacious contempt for water, culture, and recent State court decisions, the KIUC Board of Directors voted on Tuesday, March 29, to engage the mainland company, Free Flow Power, to secure water rights to develop several hydroelectric projects on Kauai. In fact, these water claims had already been submitted by the Free Flow Power, but the Board decision will make every electrical user on Kauai party to this action.
Note that three Board members, Carol Bain, Ben Sullivan, and Jan Tenbruggencate voted against this action.
This Board action initiates a proscriptive Federal process for developing these water projects. The FERC process, like all Federal processes, is procedural, not substantive. This means that all they must do is check all the boxes on their list. Meetings will be conducted by the mainland company, Free Flow Power, or their subcontractor.
You will be given your three minutes at the microphone. Your name and input will be dutifully recorded and filed. The substance of your testimony is not relevant. When all required public meetings are concluded and all "stakeholders" consulted, the project can go forward. According to KIUC, the FERC process was chosen because it is an "independent and powerful arbiter." This means that FERC, not the Coop members or our community, will make the decision.
If a FERC license is granted. It conveys the right of Federal eminent domain. The licensee has the full power of the Federal government to seize land necessary to development the hydro project and transmit the power.
Do not think that this Federal process will protect any Hawaiian rights. Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects that their federally funded activities and programs have on "significant historic properties. Thus, the FERC process under Section 106 will only "consider" the things that kupuna made. It will NOT consider, or protect, the rights of living or future Hawaiians.
Likewise, NAGPRA, the Native American Graves Protection and Repatriation Act, will provide some protection to iwi kupuna under the FERC process, but provides NO specific legal consideration to living or future Hawaiians. In summary, as KIUC coop members, you have asked, and will soon be paying for, a mainland company to seize the water rights and develop several hydroelectric projects on Kauai.
Furthermore, you have asked the Federal government to preside over this action and seize any lands that you need to accomplish your goal. As KIUC Coop members we should recognize that these predatory claims are inexcusably insensitive to the past injustices of water use in Hawaii. We should know that these claims are an egregious breach of the protocol for how we think of, and access, water in Hawaii.
We should know that this action will put the Coop in an unnecessary aggressive and possessive position that will lead to conflict and litigation. We urge all Coop members to contact KIUC staff and Board members and instruct them to cancel any ties with Free Flow Power, and tell them that you reject the FERC process. Tell them that you have respect and responsibility for our water resources and you do not need a Federal arbiter to determine our use.
[IB Editor's Note: For those who are not members, but customers of KIUC, we suggest you write a letter/email the board of director's with your concern. You cannot direct the board as members might, but your water rights will be affected by KIUC actions. As non-members you have an option that members don't: You can buy electricity from other power providers. It's something that gives you a bit of leverage.]
See also:
Ea O Ka Aina: KIUC 25 Years After the Crash 3/17/11
Ea O Ka Aina: Kauai Hydro Projects Power Up 1/18/11
Ea O Ka Aina: KIUC Wailua Dam Plans 1/17/11
Ea O Ka Aina: Westside Solar Farm 2011 1/3/10
Ea O Ka Aina: KIUC $75 million GenX Plant 8/1/09
.
By Ken Taylor on 1 April 2011 in Island Breath -
(http://islandbreath.blogspot.com/2011/04/kiuc-sells-off-water-rights.html)
Image above: Privitation of water rights cartoon by M. Wuerker.
In an act of either ignorance or audacious contempt for water, culture, and recent State court decisions, the KIUC Board of Directors voted on Tuesday, March 29, to engage the mainland company, Free Flow Power, to secure water rights to develop several hydroelectric projects on Kauai. In fact, these water claims had already been submitted by the Free Flow Power, but the Board decision will make every electrical user on Kauai party to this action.
Note that three Board members, Carol Bain, Ben Sullivan, and Jan Tenbruggencate voted against this action.
This Board action initiates a proscriptive Federal process for developing these water projects. The FERC process, like all Federal processes, is procedural, not substantive. This means that all they must do is check all the boxes on their list. Meetings will be conducted by the mainland company, Free Flow Power, or their subcontractor.
You will be given your three minutes at the microphone. Your name and input will be dutifully recorded and filed. The substance of your testimony is not relevant. When all required public meetings are concluded and all "stakeholders" consulted, the project can go forward. According to KIUC, the FERC process was chosen because it is an "independent and powerful arbiter." This means that FERC, not the Coop members or our community, will make the decision.
If a FERC license is granted. It conveys the right of Federal eminent domain. The licensee has the full power of the Federal government to seize land necessary to development the hydro project and transmit the power.
Do not think that this Federal process will protect any Hawaiian rights. Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects that their federally funded activities and programs have on "significant historic properties. Thus, the FERC process under Section 106 will only "consider" the things that kupuna made. It will NOT consider, or protect, the rights of living or future Hawaiians.
Likewise, NAGPRA, the Native American Graves Protection and Repatriation Act, will provide some protection to iwi kupuna under the FERC process, but provides NO specific legal consideration to living or future Hawaiians. In summary, as KIUC coop members, you have asked, and will soon be paying for, a mainland company to seize the water rights and develop several hydroelectric projects on Kauai.
Furthermore, you have asked the Federal government to preside over this action and seize any lands that you need to accomplish your goal. As KIUC Coop members we should recognize that these predatory claims are inexcusably insensitive to the past injustices of water use in Hawaii. We should know that these claims are an egregious breach of the protocol for how we think of, and access, water in Hawaii.
We should know that this action will put the Coop in an unnecessary aggressive and possessive position that will lead to conflict and litigation. We urge all Coop members to contact KIUC staff and Board members and instruct them to cancel any ties with Free Flow Power, and tell them that you reject the FERC process. Tell them that you have respect and responsibility for our water resources and you do not need a Federal arbiter to determine our use.
KIUC 4463 Pahe'e Street, Suite 1 Lihu'e, HI 96766-2000 info@kiuc.coop Att: KIUC Board of Directors I am a KIUC Cooperative member. I am instructing the KIUC Board of Directors to repeal the decision on Tuesday, March 29, to engage the mainland company, Free Flow Power, to secure water rights to develop several hydroelectric projects on Kauai on my behalf. I do not want to be party to a FERC hydroelectric development process. I will not participate in such a process. I have respect and responsibility for our island’s water resources and I do not need a Federal arbiter to determine our use. Please respond to this request in writing. Thank you (your name) |
[IB Editor's Note: For those who are not members, but customers of KIUC, we suggest you write a letter/email the board of director's with your concern. You cannot direct the board as members might, but your water rights will be affected by KIUC actions. As non-members you have an option that members don't: You can buy electricity from other power providers. It's something that gives you a bit of leverage.]
See also:
Ea O Ka Aina: KIUC 25 Years After the Crash 3/17/11
Ea O Ka Aina: Kauai Hydro Projects Power Up 1/18/11
Ea O Ka Aina: KIUC Wailua Dam Plans 1/17/11
Ea O Ka Aina: Westside Solar Farm 2011 1/3/10
Ea O Ka Aina: KIUC $75 million GenX Plant 8/1/09
.
1 comment :
Thank you for this article. Many do not realize FERC invokes Eminent Domain! I didn't. Eminent Domain would bypass all of the state regulations on water usage including possibly environmental regulations. Please publicize this more widely!
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