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KAUA`I GROUP REPORT
By Judy Dalton

Join the fun at our Sierra Club Picnic!
Sierra Club members are invited to our 2nd Annual Potluck Picnic on Sunday, September 26 from 3pm - 7pm Meet other Sierra Club members and talk story with State Senator Gary Hooser and Representative Mina Morita.

Turn off highway at Lydgate Beach Park. (It is not at the park proper.) Turn at the Kaha Lani condominium resort sign instead. Go past the condos on to the new pavilion near Kamalani Bridge at Wailua Beach.

Please bring your favorite vegetarian dishes. Sierra Club will provide beverages for this free event. Good company, good food, plus a bonfire on the beach. Hope to see you there!

Papa`a Bay Access
Because Papa`a Beach is among Kauai's most treasured natural assets we were pleased when the attorney hired by the County acknowledged the existence of the government road leading to the beach in his report released in June. Ka Leo O Kaua`i members, Sierra Club's Access Committee, and others committed to regaining lost access to Papa`a Beach had come to the same conclusion after extensively researching public records over several months.

On July 24th The Garden Island reported that Peter Guber's Mandalay Properties and owner of Papa`a Bay Ranch was suing the county over Papa`a, contending that the county was wrong when it claimed there is public beach access across Papa`a Bay Ranch lands. Mandalay seeks a determination in the U.S. District Court that there is no public beach access running across the property at Papa`a Bay.

The newspaper article went on to say, "In June, (Mayor) Baptiste said a study done by Big Island attorney Michael Matsukawa, a specialist in public beach access, shows access exists over a section of the ranch known as the Widemann Reservation".

"Through the Widemann estate, there is some type of public road, and we say that it has existed," Baptiste said in an interview with The Garden Island. "And no information has shown that has changed over the years. Nothing to say that the road has been done away with."
In the meantime, Native Hawaiian Legal Corporation has gotten involved, accepting Kanaka Maoli Anahola resident Loke Pereira as a client to regain public access on the road leading to this beautiful beach.

Blocked Access at Wainiha Beach
A crude plywood 7-foot wall/fence was erected in late July on a beachfront property at Oneone Road in Haena, which blocked a traditional beach access used by the public for decades. The 1989 Na Ala Hele Beach Access Inventory database listed this spot as a beach access that ends at the shoreline and cited a 1947 Circuit Court decree as documentation.

Caren Diamond noticed the wall obstructing access to the beach and reported it to the Kaua`i County Planning Director, who verified that the owner had not applied for a permit. Caren pursued the matter further by contacting the DLNR and Senator Gary Hooser.

Senator Hooser wrote to the DLNR asking them to investigate the allegation that the wall was illegally blocking public access. He wrote, "If true, the allegation violates Act 169, the recently passed 2004 Senate Bill that creates a misdemeanor offense for obstructing public access to the sea, the shoreline, any inland recreational area by way of or through any of the public rights-of-way, transit areas, or public transit corridor. Act 169 also calls for fines of $1,000 to $2,000 per violation. In addition, other legal remedies also exist to insure the public's right to access public lands".

Senator Hooser requested the state to take immediate action to verify or refute the claims and expected the DLNR to enforce the law should any violations be found.

In a letter to The Garden Island, Caren Diamond wrote, "The people of Kauai are losing precious shoreline and access to coastal areas at an alarming rate. If there is to be a beach experience for future generations anything like that which we have enjoyed, it's time to turn the tide in favor of coastal preservation and protection of access to the shoreline guaranteed in Hawaii's state constitution."

Sierra Club Engagement and Wall Calendars
Our beautiful 2005 Sierra Club engagement calendars and wall calendars are now available to help fund our environmental projects on Kaua`i. When you see the exquisite nature photography, you'll understand why more people select Sierra Club calendars over any other in America. Give yourself and your friends the perfect holiday gift and support the Kaua`i Group. Please call 246-9067 or email dalton@aloha.net.


	KAUA`I GROUP REPORT By Judy Dalton Join the fun at our Sierra Club Picnic! Sierra Club members are invited to our 2nd Annual Potluck Picnic on Sunday, September 26 from 3pm - 7pm Meet other Sierra Club members and talk story with State Senator Gary Hooser and Representative Mina Morita. Turn off highway at Lydgate Beach Park. (It is not at the park proper.) Turn at the Kaha Lani condominium resort sign instead. Go past the condos on to the new pavilion near Kamalani Bridge at Wailua Beach. Please bring your favorite vegetarian dishes. Sierra Club will provide beverages for this free event. Good company, good food, plus a bonfire on the beach. Hope to see you there! Papa`a Bay Access Because Papa`a Beach is among Kauai's most treasured natural assets we were pleased when the attorney hired by the County acknowledged the existence of the government road leading to the beach in his report released in June. Ka Leo O Kaua`i members, Sierra Club's Access Committee, and others committed to regaining lost access to Papa`a Beach had come to the same conclusion after extensively researching public records over several months. On July 24th The Garden Island reported that Peter Guber's Mandalay Properties and owner of Papa`a Bay Ranch was suing the county over Papa`a, contending that the county was wrong when it claimed there is public beach access across Papa`a Bay Ranch lands. Mandalay seeks a determination in the U.S. District Court that there is no public beach access running across the property at Papa`a Bay. The newspaper article went on to say, "In June, (Mayor) Baptiste said a study done by Big Island attorney Michael Matsukawa, a specialist in public beach access, shows access exists over a section of the ranch known as the Widemann Reservation". "Through the Widemann estate, there is some type of public road, and we say that it has existed," Baptiste said in an interview with The Garden Island. "And no information has shown that has changed over the years. Nothing to say that the road has been done away with." In the meantime, Native Hawaiian Legal Corporation has gotten involved, accepting Kanaka Maoli Anahola resident Loke Pereira as a client to regain public access on the road leading to this beautiful beach. Blocked Access at Wainiha Beach A crude plywood 7-foot wall/fence was erected in late July on a beachfront property at Oneone Road in Haena, which blocked a traditional beach access used by the public for decades. The 1989 Na Ala Hele Beach Access Inventory database listed this spot as a beach access that ends at the shoreline and cited a 1947 Circuit Court decree as documentation. Caren Diamond noticed the wall obstructing access to the beach and reported it to the Kaua`i County Planning Director, who verified that the owner had not applied for a permit. Caren pursued the matter further by contacting the DLNR and Senator Gary Hooser. Senator Hooser wrote to the DLNR asking them to investigate the allegation that the wall was illegally blocking public access. He wrote, "If true, the allegation violates Act 169, the recently passed 2004 Senate Bill that creates a misdemeanor offense for obstructing public access to the sea, the shoreline, any inland recreational area by way of or through any of the public rights-of-way, transit areas, or public transit corridor. Act 169 also calls for fines of $1,000 to $2,000 per violation. In addition, other legal remedies also exist to insure the public's right to access public lands". Senator Hooser requested the state to take immediate action to verify or refute the claims and expected the DLNR to enforce the law should any violations be found. In a letter to The Garden Island, Caren Diamond wrote, "The people of Kauai are losing precious shoreline and access to coastal areas at an alarming rate. If there is to be a beach experience for future generations anything like that which we have enjoyed, it's time to turn the tide in favor of coastal preservation and protection of access to the shoreline guaranteed in Hawaii's state constitution." Sierra Club Engagement and Wall Calendars Our beautiful 2005 Sierra Club engagement calendars and wall calendars are now available to help fund our environmental projects on Kaua`i. When you see the exquisite nature photography, you'll understand why more people select Sierra Club calendars over any other in America. Give yourself and your friends the perfect holiday gift and support the Kaua`i Group. Please call 246-9067 or email dalton@aloha.net.














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