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Board approves several lease cancellations, a lease amendment and a temporary irrigation extension
Summary
At the Jan. 27 meeting the board approved an amendment to general lease S-3138 that removes a renewable-energy withdrawal clause, approved cancellations for multiple delinquent leases (S-4795, S-4829, S-4779, S-4426) and extended temporary access to the Waimea Irrigation System for drought relief through April 30.
The Board of Agriculture and Biosecurity on Jan. 27 approved a suite of personnel and land-management actions recommended by department staff, including an amendment to an earlier board action and several lease cancellations for noncompliance.
Amendment to S-3138: The board approved a department request to amend a prior action for general lease S-3138 (Hawaii Land and Livestock LLC) to reduce the area and delete language reserving the right to withdraw land for renewable-energy projects (the remaining parcel is about 9.385 acres). Department staff said the change followed parallel action by DLNR and was requested by the lessee to provide certainty for ongoing slaughterhouse operations. The amendment passed unanimously.
Lease cancellations and rescissions: Staff presented multiple cases of lessees failing to implement approved plans of utilization and development and accruing delinquencies. The board approved staff recommendations to cancel General Lease 4795 (Eberly Tropical Flowers Inc.), rescind a prior consent to assignment and cancel General Lease 4829 (William and Henrietta Hansen), cancel General Lease 4779 (William and Henrietta Hansen) and cancel General Lease 4426 (John F. Garcia Jr.) based on inspections and unsuccessful cure attempts. Staff documented unpaid rents and taxes in several cases (examples cited: $2,888.40; $724.50; $2,546.10; $3,799.39 as of the dates reported) and said certified notices and outreach had been attempted before recommending cancellation; all actions passed unanimously.
Waimea Irrigation extension: The board approved extending temporary authorization for users to access the Waimea Irrigation System through April 30 for emergency livestock needs, with a per-applicant cap of 10,000 gallons per day and a rate of $0.63 per 1,000 gallons. Staff said current usage has been below the cap and that the authorization is intended to be temporary and responsive to drought conditions; board members asked staff to monitor use and return if conditions change.
Procedural notes: Staff said all related cancellation and disposition documents are subject to review by the Department of the Attorney General and applicable HAR/HRS procedures. Approved items will proceed to execution of cancellation documents and disposition processes as permitted by statute.
Next steps: Department staff will prepare lease-cancellation and disposition paperwork for recording and, where relevant, refer delinquent accounts to the Attorney General for collection and disposition.
