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.

2025 Regular Session Introduced by Angus McKelvey

SR 122 allows Maui County to acquire West Maui's water systems through eminent domain, ensuring public management and access for community sustainability and reliability.

Referred to EIG/WTL.

#eminentdomain #waterresources #watersystems #westmaui

Bill Overview

Bill Number: SR 122

Title: 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.

Status: Referred to EIG/WTL

Introduced On: March 07, 2025

Classification: Resolution

Subject Areas: Eminent Domain, Water Resources, Water Systems, West Maui

Purpose and Intent

The primary intent of SR 122 is to facilitate the acquisition of all water systems in West Maui by the County of Maui through the legal process of eminent domain. This resolution aims to ensure that these water systems are managed in the public interest, aligning with the principles of the public trust doctrine. The bill emphasizes the importance of public access to water resources and seeks to secure these systems for community use and sustainability.

Key Provisions

Eminent Domain Acquisition: The resolution requests that the County of Maui utilize its powers of eminent domain to acquire all existing water systems in West Maui. This legal authority allows the government to take private property for public use, provided that just compensation is given.

Public Trust Management: Once acquired, the water systems would be held in trust for the public. This means that the management and operation of these systems would be under the jurisdiction of the County Water System, ensuring that they are maintained and operated in a manner that benefits the community.

Public Interest Focus: The resolution underscores the commitment to managing water resources in a way that prioritizes public access and environmental stewardship, in line with the public trust doctrine.

Impact

Affected Entities: The resolution primarily impacts the residents of West Maui, who would benefit from improved access to water resources managed by the county. It also affects current owners of the water systems, as their properties may be subject to acquisition through eminent domain.

Community Benefits: By placing water systems under public management, the resolution aims to enhance the reliability and sustainability of water services in West Maui, addressing potential issues related to water scarcity and quality.

Procedural Aspects

Legislative Actions:

March 07, 2025: Offered in the legislature.
March 12, 2025: Referred to the Economic Development and Technology (EIG) and Water and Land (WTL) committees for further consideration.
March 12, 2025: Re-referred to the Water and Land (WTL) committee.

Related Legislation: This resolution has a companion bill, SCR 152, which may address similar issues or provide additional context for the proposed actions.

Conclusion

SR 122 represents a significant legislative effort to secure and manage water resources in West Maui for the benefit of the public. By utilizing eminent domain, the County of Maui aims to ensure that water systems are operated sustainably and equitably, reflecting the community's needs and the principles of public trust.

Bill