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HCR 128

REAFFIRMING THE STATE'S OBLIGATION TO UPHOLD THE CONSTITUTIONAL RIGHTS OF ITS PEOPLE BY RECOGNIZING THE CRITICAL ROLE OF FRESHWATER IN MAINTAINING HEALTHY NEARSHORE MARINE ECOSYSTEMS.

2025 Regular Session Introduced by Terez Amato and 7 co-sponsors

Restoring and protecting freshwater flows to nearshore waters is essential to sustaining Hawaii’s marine ecosystems, fisheries, and Native Hawaiian practices.

Report and Resolution Adopted. Transmitted to House.
#freshwater #nearshoremarineecosystems
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Bill Summary · HCR 128

HCR 128 — Summary

Status: Concurrent resolution (HCR 128 / HD1) — Report and Resolution Adopted; Transmitted to House; Signed by Governor (introduced 2025-04-03).
Companion: HR 124.

Purpose / Intent

HCR 128 reaffirms the State of Hawaii’s obligation under the State Constitution to protect natural resources and recognizes the critical role that freshwater inputs (rivers, streams, springs, groundwater) play in maintaining healthy nearshore marine ecosystems. The resolution links freshwater flows to the ecological health of limu (seaweeds), amphidromous native fauna, fisheries, and the perpetuation of traditional and customary Native Hawaiian practices.

Key provisions

  • Reaffirms that freshwater is vital to nearshore marine ecosystem health and the State’s constitutional duty to protect natural resources (Article XI, §§1 and 7).
  • Notes legal precedent (Ka Paʻakai O Ka ʻĀina v. Land Use Commission, 2000) requiring agencies to consider impacts on Native Hawaiian traditional and customary rights.
  • Strongly urges the State and county governments to:
    • Prioritize protection and restoration of freshwater flows to nearshore areas;
    • Develop and implement comprehensive water resource management plans;
    • Adopt policies that balance human water needs with environmental sustainability.
  • Requests that State and counties work with stakeholders to identify and implement strategies to protect/restore freshwater flows, including education and outreach to raise awareness within government and the public.
  • Directs that certified copies of the resolution be transmitted to the Governor, Lieutenant Governor, Chair of the Board of Land and Natural Resources, and each county mayor.

Who/what would be affected

  • State and county agencies involved in water and land management (e.g., Board of Land and Natural Resources).
  • Coastal and freshwater-dependent ecosystems (limu, coral reefs, amphidromous fish, shrimp, mollusks).
  • Native Hawaiian communities and practitioners of traditional and customary practices reliant on healthy aquatic resources.
  • Water resource managers, planners, and other stakeholders (fisheries, conservation groups, public).

Legal and practical effect

  • This is a concurrent resolution: nonbinding policy statement and formal expression of legislative intent. It does not create new statutory authority, regulatory requirements, or appropriations.
  • It calls for planning, coordination, and outreach rather than mandating specific regulatory or funding actions.

Procedural timeline (selected)

  • Filed: 2025-04-03 (introduced)
  • Adopted by House (final form): 2025-04-17
  • Adopted by Senate / Reported enrolled: 2025-05-06
  • Sent to Governor: 2025-05-08
  • Signed by Governor: 2025-05-20

Potential impacts

If followed by implementing actions by agencies and counties, the resolution could support efforts to restore streamflow and groundwater connectivity to coastal waters, helping reduce coral stress, invasive algal blooms, and biodiversity loss while supporting fisheries and Native Hawaiian cultural practices. As a nonbinding resolution, its effect depends on subsequent policy, planning, budgeting, and regulatory decisions by State and county authorities.

Compiled from official sources — confirm details with the bill’s official record.

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