HCR 178: URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PRIORITIZE ISSUING A SET-ASIDE TO THE COUNTY OF MAUI THROUGH AN EXECUTIVE ORDER BY THE GOVERNOR TO SUPPORT THE MANAGEMENT OF PUBLIC TRUST WATER RESOURCES IN EAST MAUI.

HOUSE CONCURRENT

RESOLUTION

URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PRIORITIZE ISSUING A SET-ASIDE TO THE COUNTY OF MAUI THROUGH AN EXECUTIVE ORDER BY THE GOVERNOR TO SUPPORT THE MANAGEMENT OF PUBLIC TRUST WATER RESOURCES IN EAST MAUI.

     WHEREAS, the County of Maui provides domestic and agricultural water to its residents, businesses, farmers, and ranchers and relies upon surface water from the Nahiku, Keʻanae, Honomanū, and Huelo State License Area (License Area) to help fulfill these needs; and

     WHEREAS, the demand for water in the County of Maui continues to increase due to population growth, the need to enhance agricultural production to improve food security, worsening drought conditions, and other environmental factors; and

WHEREAS, this increasing demand in the County of Maui requires long-term, efficient, transparent, equitable, and community-oriented management of watersheds and water resources in the License Area; and

     WHEREAS, East Maui is currently experiencing historic drought conditions that have significantly reduced stream water availability for all users; and

     WHEREAS, at its October 28, 2025, meeting, staff of the Commission on Water Resource Management stated that "there is insufficient water to meet the stated objectives of the 2018 Decision and Order regarding water use from East Maui" and that the County of Maui Department of Water Supply requires a "reliable supply" to meet potable water demand; and

     WHEREAS, Article XI, Section 7, of the Hawaiʻi State Constitution states: "The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people"; and

     WHEREAS, the public trust doctrine, as affirmed by the Hawaiʻi Supreme Court in the Waiahole Ditch (2000) decision and the Kauai Springs v. Kauaʻi Planning Commission (2014) case, requires the management of water resources to achieve the most equitable and beneficial allocation of water; and

     WHEREAS, the courts have repeatedly enumerated specific public trust uses of water while still allowing that these uses may be added to in the future:

     (1)  The maintenance of waters in their natural state;

     (2)  The protection of domestic (non-municipal) water uses;

     (3)  The protection of water in the exercise of Native Hawaiian and traditional and customary rights;

     (4)  The reservation of water for and uses of water on Hawaiian home lands by beneficiaries; and

     (5)  Appurtenant rights; and

     WHEREAS, as a government entity, the County of Maui has a clear obligation to uphold the public trust doctrine, as well as the legal obligations established by the Hawaiian Homes Commission Act, 1920, as amended, and the Hawaiʻi State Constitution; and

     WHEREAS, in the November 2022 election, sixty-four percent of Maui County voters approved a charter amendment establishing the County of Maui Department of the East Maui Water Authority to help ensure a long-term, reliable, and affordable source of water for domestic and agricultural use; and

     WHEREAS, the County of Maui Department of the East Maui Water Authority and the County of Maui Department of Water Supply, supported by community boards and professional staff with expertise in water system operations, public financing, grant acquisition, and watershed management, are well-positioned to manage the region's water resources in a competent, transparent, fiscally responsible, and environmentally sustainable manner that serves the public interest; and

     WHEREAS, if the County of Maui were granted a set-aside through an Executive Order by the Governor, the resulting cost savings, additional revenue, and access to funding could be used to finance necessary repairs and maintenance of the water system, reduce water costs for local farmers, decrease water rates for residents, and support watershed restoration in the License Area; and

     WHEREAS, the State is obligated to uphold the public trust doctrine, and it is in the best interest of the State, the County of Maui, and the residents of the State and County of Maui for the Department of Land and Natural Resources to issue a set-aside to the County of Maui through an Executive Order by the Governor; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Department of Land and Natural Resources is urged to prioritize issuing a set-aside to the County of Maui through an Executive Order by the Governor to support the management of public trust water resources in East Maui, specifically the Nahiku, Keʻanae, Honomanū, and Huelo State License Area; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Chairperson of the Board of Land and Natural Resources; Mayor of the County of Maui; Director of the County of Maui Department of Water Supply; and Director of the Department of the East Maui Water Authority.

Report Title: 

DLNR; Maui County; East Maui; Nahiku, Keanae, Honomanu, and Huelo License Area; Water Set-Aside; Public Trust Water Resources

HOUSE CONCURRENT

RESOLUTION

Urging the Department of Land and natural resources to prioritize issuing a water set-aside to the county of maui through an executive order by the governor to support the management of public trust water resources in east maui.

     WHEREAS, the County of Maui provides domestic and agricultural water to its residents, businesses, farmers, and ranchers and relies upon surface water from the Nahiku, Keʻanae, Honomanū, and Huelo State License Area (License Area) to help fulfill these needs; and

     WHEREAS, the demand for water in the County of Maui continues to increase due to population growth, the need to enhance agricultural production to improve food security, worsening drought conditions, and other environmental factors; and

WHEREAS, this increasing demand in the County of Maui requires long-term, efficient, transparent, equitable, and community-oriented management of watersheds and water resources in the License Area; and

     WHEREAS, East Maui is currently experiencing historic drought conditions that have significantly reduced stream water availability for all users; and

     WHEREAS, at its October 28, 2025, meeting, staff of the Commission on Water Resource Management stated that "there is insufficient water to meet the stated objectives of the 2018 Decision and Order regarding water use from East Maui" and that the County of Maui Department of Water Supply requires a "reliable supply" to meet potable water demand; and

     WHEREAS, Article XI, Section 7, of the Hawaiʻi State Constitution states: "The State has an obligation to protect, control, and regulate the use of Hawaii's water resources for the benefit of its people"; and

     WHEREAS, the public trust doctrine, as affirmed by the Hawaiʻi Supreme Court in the Waiahole Ditch (2000) decision and the Kauai Springs v. Kauaʻi Planning Commission (2014) case, requires the management of water resources to achieve the most equitable and beneficial allocation of water; and

     WHEREAS, the four public trust uses of water are:

     (1)  Domestic uses, such as drinking water;

     (2)  Native Hawaiian traditional and customary practices;

     (3)  The maintenance of waters in their natural state; and

     (4)  Uses by the Hawaiian Homes Commission for homestead needs; and

     WHEREAS, as a government entity, the County of Maui has a clear obligation to uphold the public trust doctrine, as well as the legal obligations established by the Hawaiian Homes Commission Act, 1920, as amended, and the Hawaiʻi State Constitution; and

     WHEREAS, in the November 2022 election, sixty-four percent of Maui County voters approved a charter amendment establishing the County of Maui Department of the East Maui Water Authority to help ensure a long-term, reliable, and affordable source of water for domestic and agricultural use; and

     WHEREAS, the County of Maui Department of the East Maui Water Authority and the County of Maui Department of Water Supply, supported by community boards and professional staff with expertise in water system operations, public financing, grant acquisition, and watershed management, are well-positioned to manage the region's water resources in a competent, transparent, fiscally responsible, and environmentally sustainable manner that serves the public interest; and

     WHEREAS, if the County of Maui were granted a water set-aside through an Executive Order by the Governor, the resulting cost savings, additional revenue, and access to funding could be used to finance necessary repairs and maintenance of the water system, reduce water costs for local farmers, decrease water rates for residents, and support watershed restoration in the License Area; and

     WHEREAS, the State is obligated to uphold the public trust doctrine, and it is in the best interest of the State, the County of Maui, and the residents of the State and County of Maui for the Department of Land and Natural Resources to issue a water set-aside to the County of Maui through an Executive Order by the Governor; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Department of Land and Natural Resources is urged to prioritize issuing a water set-aside to the County of Maui through an Executive Order by the Governor to support the management of public trust water resources in East Maui, specifically the Nahiku, Keʻanae, Honomanū, and Huelo State License Area; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Chairperson of the Board of Land and Natural Resources; Mayor of the County of Maui; Director of the County of Maui Department of Water Supply; and Director of the Department of the East Maui Water Authority.

Report Title: 

DLNR; Maui County; East Maui; Nahiku, Keanae, Honomanu, and Huelo License Area; Water Set-Aside; Public Trust Water Resources