[§167-24]  Irrigation repair and maintenancespecial fund.  (a)  There is established in the state treasury theirrigation repair and maintenance special fund that shall be administered bythe board.

(b)  Moneys in the irrigation repair andmaintenance special fund shall be used to fund repair and maintenance of thefollowing irrigation systems:

(1)  East Kauai irrigation system;

(2)  Kekaha ditch;

(3)  Kokee ditch;

(4)  Maui Land/Pioneer Mill irrigation system;

(5)  Waiahole ditch;

(6)  Lower Hamakua irrigation system;

(7)  Molokai irrigation system;

(8)  Upcountry Maui irrigation system;

(9)  Waimanalo irrigation system;

(10)  Waimea irrigation system;

(11)  East Maui irrigation system;

(12)  Kauai coffee irrigation system;

(13)  West Maui irrigation system;

(14)  Kau irrigation system;

(15)  Honomalino irrigation system;

(16)  Wahiawa reservoir and ditch system; and

(17)  Other privately-owned irrigation systems onformer sugarcane and pineapple plantation lands that have been converted todiversified agriculture.

(c)  The irrigation repair and maintenancespecial fund shall be funded by legislative appropriations, including generalobligation bond funds and federal funds.

(d)  Landowners may apply for fundingassistance from the irrigation repair and maintenance special fund; providedthat the landowner:

(1)  Provides matching funding equal to the amountreceived from the irrigation repair and maintenance special fund;

(2)  Agrees to file a petition for declaratory rulingpursuant to section 205-45 designating a majority of all land served by thewater produced by the irrigation system as important agricultural lands asdefined under section 205-42 and notifies the board and county of the petitionand designation for the purpose of inclusion on maps; and

(3)  Agrees to use, or provide for the use of, alllands owned or controlled by the landowner and served by the water produced bythe irrigation system for agricultural production.

The board shall develop processes, policies,standards, and criteria for selecting the landowners that are to receivefunding and the amount of such funding.  The board shall also developprocesses, policies, standards, and criteria for determining the amount offunding provided to irrigation systems in subsection (b) owned by the State.

(e)  As used in this section:

"Diversified agriculture" meansagricultural operations that produce diversified agricultural products,including flowers, nursery products, vegetables, herbs, melons, seed crops,macadamia nuts, aquaculture, coffee, milk, cattle, eggs, hogs, and fruit.

"Irrigation system" means theagricultural system of intakes, diversions, wells, ditches, siphons, pipes,reservoirs, and accessory facilities established to provide water foragricultural production.

"Landowner" means a private entitythat:

(1)  Owns agricultural land, formerly used as asugarcane or pineapple plantation, that contains a privately-owned irrigationsystem that is necessary for the sustained production of diversifiedagriculture on the land served by the irrigation system; or

(2)  Owns, or partially owns, an irrigation systemlisted in subsection (b)(1) through (17). [L 2006, c 233, §1]