SCR 152: REQUESTING THE COUNTY OF MAUI TO ACQUIRE ALL WEST MAUI WATER SYSTEMS THROUGH EMINENT DOMAIN AND TO HOLD THEM IN TRUST FOR THE PUBLIC, WITH MANAGEMENT UNDER THE COUNTY WATER SYSTEM, PURSUANT TO THE PUBLIC TRUST DOCTRINE.

SENATE CONCURRENT

RESOLUTION

REQUESTING THE COUNTY OF MAUI TO ACQUIRE ALL WEST MAUI WATER SYSTEMS THROUGH EMINENT DOMAIN AND TO HOLD THEM IN TRUST FOR THE PUBLIC, WITH MANAGEMENT UNDER THE COUNTY WATER SYSTEM, PURSUANT TO THE PUBLIC TRUST DOCTRINE.

     WHEREAS, West Maui's water resources are under significant strain, due to prolonged drought conditions, climate change, and increased demand from private entities controlling approximately eighty percent of these resources; and

     WHEREAS, the 2023 Maui wildfires, exacerbated by invasive grasses and limited water availability, highlighted the critical need for improved water management and accessibility; and

     WHEREAS, the diversion of streams for private use has negatively affected traditional Native Hawaiian agricultural practices and the ecological health of the region; and

     WHEREAS, it is imperative to assert public control over West Maui's water systems to ensure equitable distribution, enhance resilience against climate-induced droughts and wildfires, and uphold the public trust doctrine enshrined in the Hawaii State Constitution; and

     WHEREAS, the County of Maui has recently explored the use of eminent domain to acquire privately held water systems to ensure public control and equitable distribution of water resources; and

     WHEREAS, restoring public control over West Maui's water systems is necessary to ensure equitable distribution, climate resilience, and the protection of Native Hawaiian water rights; and

     WHEREAS, the County of Maui's initiative to consider utilizing eminent domain to acquire water systems aligns with the county's broader effort to ensure sustainable and equitable resource management, particularly in the wake of climate challenges and disaster recovery efforts; and

     WHEREAS, restoring public control over West Maui's water systems would allow the State and county to ensure equitable resource distribution, protect local communities, and uphold the State's public trust obligations regarding water management; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the County of Maui is requested to acquire all West Maui water systems through eminent domain and to hold them in trust for the public, with management under the county water system, in accordance with the public trust doctrine; and

BE IT FURTHER RESOLVED that water allocation priorities be guided by principles of environmental protection, cultural preservation, and community needs, ensuring access for residents, farmers, and indigenous practices; and

     BE IT FURTHER RESOLVED that the County of Maui is also requested to collaborate with the Department of Land and Natural Resources and other relevant stakeholders to develop a management framework ensuring fair distribution of water resources for agricultural, residential, and environmental needs; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair of the Board of Land and Natural Resources, Mayor of the County of Maui, and Chair of the Maui County Council.

Report Title:

West Maui; Water Systems; Water Resources; Eminent Domain