DR21-76 Petition of KEKAHA AGRICULTURE ASSOCIATION for Declaratory Order to Designate approximately 12,123 acres at Kekaha, Kauai; TMK 4-1-2-002:001 Por. IAL
DR21-76 Petition of KEKAHA AGRICULTURE ASSOCIATION, a Hawaii agricultural cooperative, For Declaratory Order to Designate Important Agricultural Lands for approximately 12,123 acres at Kekaha, Kauai; TMK 4-1-2-002:001 Por.
This Petition for Declaratory Order to Designate Important Agricultural Lands (Petition) is to designate certain agricultural lands in West Kaua‘i as Important Agricultural Lands (IAL). The Kekaha Agriculture Association (KAA) seeks the IAL designation.
KAA is an agricultural cooperative organized under Chapter 421, Hawaiʻi Revised Statutes (HRS) which manages and operates agricultural infrastructure (e.g., irrigation water, drainage, roadways, and electric power systems) on land on Kaua‘i referred to as the “Kekaha Ag Lands.” The Agribusiness Development Corporation (ADC) controls the Kekaha Ag Lands and licenses land within the Kekaha Ag Lands to KAA farmer members for agricultural activities. The State of Hawaiʻi owns the Kekaha Ag Lands.
The Kekaha Ag Lands comprise approximately 12,762.26 acres along the leeward side of West Kaua‘i abutting the town of Kekaha to the south and east. The Kekaha Ag Lands are within all, or portions of, the following ahupua‘a: Pōki‘ikauna, Waiawa, Niu, Mana, and Kaʻulaʻula. All the Kekaha Ag Lands are within the State Agricultural District (Agricultural District). The Kekaha Ag Lands are a single Tax Map Key (TMK) parcel (TMK 4-1-2-002:001).
During the hearing on this Petition (May 11-12, 2022) an oral motion to withdraw the Petition was made by Petitioner. The order granting the withdrawal was executed on June 6, 2022.
Decision and Order Granting Petitioner’s Oral Motion to Withdraw Petition (06/06/22)
Agenda & Minutes
December 22-23, 2021: Agenda | Minutes | YouTube 12/23
May 11-12, 2022: Agenda | Minutes | YouTube 05/11
Petition for Declaratory Order (12/02/21)
- Exhibit A: TMK Parcels and Proposed IAL (12/02/21)
- Exhibit B: Agricultural Land Assessment (12/02/21)
- Exhibit C: Petitioner Letter of Authorization (12/02/21)
Witness Information Letter (12/20/21)
KAA Brief in Response to Commission’s Feb. 2 Letter (03/30/22)
Motion to Amend Petition for Declaratory Order to Designate Important Agricultural Lands, Memorandum in Support of Motion, Declaration of Joshua Uyehara, COS (04/27/22)
Petitioner’s Letter to LUC regarding Motion to Withdraw, COS (05/06/22)
OPSD’s Response to Petition (12/15/21)
DR21-76 Kekaha Agricultural Association IAL Petition – OPSD’s Supplemental Comments (12/17/21)
OPSD’s Statement of No Position (03/29/22)
County response to IAL Petition (12/16/21)
COK IAL reference Maps (12/20/21)
COK’s Statement of No Position; COS (03/21/22)
Sunrise Capital & Kauai Shrimp (12/20/21)
Public Testimony (05/02/22)
- Richard Loero- Koke’e Farms, LLC
- Anthony K. Pajela- Garden Island Security, Inc.
- Dan Lord- Lords Electric LLC
- Harold Edwards- ITC Water Management, Inc.
- Matt Andros- Andros Engineering Corp.
Public Testimony (05/04/22)
- Kalaniumi H. Martin- Umi’s Farm
- Maurice A. Munechika- Wines of Kauai, LLC
- Alec Sou- Aloun Farm, Inc
- Lafe Young- Wai Engineering, Inc.
- Wallace Johnson- Hawaii Labor Solutions
Public Testimony (05/06/22)
- Mark Stoutemyer- Corteva Agriscience
Public Testimony (05/10/22)
- Christine Faye- Hui o Laka
- George Christensen- Kikiaola Holdings, Inc.
ADC
ADC’s Supplemental Testimony and references (12/17/21):
ADC Response to LUC request for Briefs (03/30/22)
ADC Letter in Response to BLNR Memorandum regarding KAA IAL Petition (05/05/22)
BLNR
BLNR Memorandum regarding KAA IAL Petition, COS (05/04/22)
DOA
Department of Agriculture comments on IAL Petition (12/16/21)
Department of Agriculture Position Statement (03/30/22)
DHHL
DHHL Deferral Request email (12/23/21)
LUC Correspondence to the Parties
LUC Briefs requested at the December 23, 2021 Hearing (02/04/22)
LUC Briefs requested at the December 23, 2021 Hearing letter to DOA (02/28/22)