HB 1768 Summary

• Exempts instream water use for traditional and customary kalo (taro) cultivation practices from the state's water rights disposition process under HRS §171-58.

• Expands appurtenant water rights to explicitly include rights of access, delivery, and water quality maintenance (temperature and turbidity) for kuleana and taro lands under HRS §174C-101.

• Authorizes the Commission on Water Resource Management to determine appurtenant water rights including specification of water sources and means of access and delivery under HRS §174C-5.

• Clarifies that appurtenant rights holders have protected access to conduct activities necessary to assure use, delivery, and quality of water, which shall not be unreasonably withheld under HRS §174C-63.

• Takes effect upon approval and applies to traditional and customary Native Hawaiian farming practices to preserve constitutional protections under Article XII, Section 7 of the Hawaii State Constitution.