COUNTY OF MAUI, BOARD OF WATER SUPPLY
RESOLUTION NO. 03 (1997)

RESOLUTION PROVIDING FOR ACQUISITION OF PROPERTY
BY NEGOTIATED SALE, EMINENT DOMAIN, OR OTHERWISE, OVER
PORTIONS OF KALIALIANUI, KULA, MAKAWAO, MAUI, HAWAII, TMK 2-3-05:4



     BE IT RESOLVED by the Board of Water Supply, County of
     Maui:

                              I

     That for public use and purposes and to serve consumers

on the Board of Water Supply's Upper Kula water system,

proceedings to (1) negotiate a purchase, (2) in eminent

domain, or (3) as otherwise may be permitted pursuant to

law, are hereby authorized for the acquisition of property

for water system purposes, hereinafter described as TMK 2-3-

05:4, consisting of two fifty million gallon reservoirs,

Kahakapao Reservoir (the "Property"), as set forth in

Exhibit "A" which is attached and made a part hereof, and

that the Corporation Counsel of the County of Maui be and is

hereby authorized and empowered to institute such legal

proceedings as may be necessary or expedient to acquire the

Property, together with the right of ingress and egress from

the Property.

     The acquisition of the foregoing property by eminent

domain is necessary for the aforesaid public use and

purpose.


                             II

     That in the process of said proceedings, the said

Corporation Counsel be and is hereby authorized and

empowered to negotiate terms of a settlement, subject to

approval of the Board.

     IN WITNESS WHEREOF, and by proper vote of the Board of

Water Supply, I have hereunto subscribed my name and affixed

the seal of the Board of Water Supply this 15th day of July,

1997.


Dorvin Leis, Chairperson
Maui County Board of Water Supply

APPROVED AS TO FORM
AND LEGALITY:

Gary Zakian
Deputy Corporation Counsel