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.

HR168

HOUSE OF REPRESENTATIVES

H.R. NO.

168

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE 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, Ke
ʻ
anae,
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 Hawai
ʻ
i
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 Hawai
ʻ
i
Supreme Court in the
Waiahole Ditch
(2000) decision and the
Kauai
Springs v. Kaua
ʻ
i
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 Hawai
ʻ
i 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, 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, Ke
ʻ
anae, Honomanū,
and Huelo State License Area; and

����
BE IT FURTHER
RESOLVED that certified copies of this 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.

OFFERED BY:

_____________________________

Report Title:
�

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