HCR 197: requesting the Department of Land and Natural Resources to convene a working group to clarify the purpose of the Commission on Water Resource Management and determine whether the leadership structure and composition of the Commission should be amended.

HOUSE CONCURRENT

RESOLUTION

requesting the Department of Land and Natural Resources to convene a working group to clarify the purpose of the Commission on Water Resource Management and determine whether the leadership structure and composition of the Commission should be amended.

     WHEREAS, effective and efficient water resource management requires continuous and experienced leadership, especially given the climate crisis and urgent need to properly steward water resources to meet the affordable housing needs of local residents; and

     WHEREAS, on December 28, 1994, the Review Commission on the State Water Code submitted its final report to the Legislature pursuant to Act 45, Session Laws of Hawaii 1987; and

     WHEREAS, the Review Commission determined that amendments to the State Water Code were necessary to enable the Commission on Water Resource Management to more effectively carry out its mandate pursuant to article XI, section 7, of the Hawaii State Constitution to "set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all use of Hawaii's water resources"; and

     WHEREAS, further clarification of the Commission on Water Resource Management's purpose, including its leadership structure and composition of the board, will provide greater accountability and protection of the State's waters; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Department of Land and Natural Resources is requested to convene a working group to clarify the purpose of the Commission on Water Resource Management and determine whether the leadership structure and composition of the Commission should be amended; and

     BE IT FURTHER RESOLVED the working group is requested to:

     (1)  Recommend a more explicit public trust purpose for the Commission on Water Resource Management;

     (2)  Recommend whether the Commission on Water Resource Management should be allowed to retain independent counsel;

     (3)  Recommend whether the position of First Deputy to Chairperson of the Commission on Water Resource Management should be repealed;

     (4)  Determine whether the position of Executive Director of the Commission on Water Resource Management should be established to replace the position of First Deputy to the Chairperson of the Commission on Water Resource Management;

     (5)  Recommend whether the Commission on Water Resource Management should be administratively attached to the Department of Land and Natural Resources;

     (6)  Recommend which members should be eligible to serve as Chairperson of the Commission on Water Resource Management;

     (7)  Determine whether the Chairperson of Board and Land and Natural Resources and the Director of Health should not be eligible to serve as Chairperson of the Commission on Water Resource Management;

     (8)  Determine whether entities to whom an emergency order is directed should be authorized to challenge the order under certain conditions;

     (9)  Recommend whether the existing notification requirements and contents of declarations of water shortages should be made clearer; and

    (10)  Determine whether the Commission on Water Resources management should impose harsher fines for certain water use offenses; and

     BE IT FURTHER RESOLVED that the working group is requested to comprise the following members:

     (1)  The Chairperson of the Board of Land and Natural Resources or the Chairperson's designee;

     (2)  The Director of Health or the Director's designee;

     (3)  The Attorney General or the Attorney General's designee;

     (4)  The Director or Manager and Chief Engineer of each county's respective Board or Department of Water Supply or their designees; and

     (5)  The Mayor of each county or their designees; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Director of Health, Attorney General, Director or Manager and Chief Engineer of each county Board or Department of Water Supply, and Mayor of each county.

Report Title: 

DLNR; CWRM; Working Group

STAND. COM. REP. NO.  1718

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 197

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.C.R. No. 197 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONVENE A WORKING GROUP TO CLARIFY THE PURPOSE OF THE COMMISSION ON WATER RESOURCE MANAGEMENT AND DETERMINE WHETHER THE LEADERSHIP STRUCTURE AND COMPOSITION OF THE COMMISSION SHOULD BE AMENDED,"

begs leave to report as follows:

     The purpose of this measure is to request the Department of Land and Natural Resources to convene a working group to clarify the purpose of the Commission on Water Resource Management and determine whether the leadership and composition of the Commission should be amended.

     Your Committee received testimony in support of this measure from the Hawaii Reef and Ocean Coalition.  Your Committee received comments on this measure from the Department of Land and Natural Resources.

     Your Committee finds that the Commission on Water Resource Management (Commission) plays a crucial role in overseeing and managing the State's water resources.  Your Committee further finds that in 1994, the Review Commission on the State Water Code submitted recommendations that proposed changes to the Commission's legal and organizational framework and proposed a follow-up review to take place ten years after the adoption of its recommendations; however, the recommended follow-up review was not conducted.  Given the urgent need to protect and properly steward the State's water resources, your Committee believes that a review of the Commission's purpose and its leadership structure and board composition is warranted to ensure effective and efficient water resource management.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 197 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Water & Land,