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SB386
THE SENATE
S.B. NO.
386
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to water systems
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that 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 per cent of these resources,
supplying water to hotels, golf courses, and large estates.
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The 2023 Maui wildfires, exacerbated by
invasive grasses and limited water availability, highlighted the critical need
for improved water management and accessibility.
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Additionally, the diversion of streams for
private use has negatively affected traditional Native Hawaiian agricultural
practices and the ecological health of the region.
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The legislature further finds that 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.
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Accordingly, the purpose of this Act is to
mandate that the department of land and natural resources acquire all west Maui
water systems through eminent domain and hold them in a trust for management by
the county of Maui.
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SECTION 2.
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(a)
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The department of land and
natural resources shall exercise its power to acquire water and water sources
by eminent domain pursuant to section 174-5, Hawaii Revised Statutes, to
acquire all west Maui water systems and hold the systems in trust.
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(b)
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The county of Maui shall manage the west Maui water systems acquired
pursuant to subsection (a).
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
DLNR;
Maui County; Water Systems; Eminent Domain
Description:
Requires
the Department of Land and Natural Resources to acquire all West Maui water
systems by eminent domain and hold the water systems in trust for the County of
Maui to manage.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.