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



(b)  Moneys in the irrigation repair and
maintenance special fund shall be used to fund repair and maintenance of the
following 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 on
former sugarcane and pineapple plantation lands that have been converted to
diversified agriculture.



(c)  The irrigation repair and maintenance
special fund shall be funded by legislative appropriations, including general
obligation bond funds and federal funds.



(d)  Landowners may apply for funding
assistance from the irrigation repair and maintenance special fund; provided
that the landowner:



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



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



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



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



(e)  As used in this section:



"Diversified agriculture" means
agricultural 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 the
agricultural system of intakes, diversions, wells, ditches, siphons, pipes,
reservoirs, and accessory facilities established to provide water for
agricultural production.



"Landowner" means a private entity
that:



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



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