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HR 168

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.

2026 Regular Session Introduced by Mahina Poepoe

Resolution urges Hawaii's DLNR to grant Maui County executive-ordered water allocation for East Maui public trust management, affecting agricultural, municipal, and indigenous water rights.

The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Iwamoto, Poepoe, Woodson, Shimizu, Souza; Ayes with reservations: none; Noes: none; and Excused: none.
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Bill Summary · HR 168

Legislative bill overview

HR 168 is a Hawaii state resolution urging the Department of Land and Natural Resources (DLNR) to issue a water set-aside to Maui County through a gubernatorial executive order. The resolution specifically targets water resources in East Maui and frames this as supporting public trust water resource management at the county level.

Why is this important

Water allocation in Hawaii is a contentious issue involving Native Hawaiian water rights, agricultural interests, and municipal needs. East Maui's water has historically been diverted for sugar plantation irrigation, and this resolution addresses how remaining public trust waters should be managed and distributed among competing stakeholders, directly affecting Maui County's governance and water security.

Potential points of contention

  • Public trust doctrine interpretation: Disagreement exists over whether a "water set-aside" to the county constitutes proper public trust management or improperly privileges county control over state oversight of these resources
  • Agricultural vs. municipal interests: East Maui water diversions have affected both remaining agricultural operations and downstream communities; the resolution's intent regarding these competing uses is unclear
  • Executive authority limits: Using an executive order to accomplish what some may argue requires legislative action or formal administrative rulemaking could face legal or procedural challenges
  • Native Hawaiian water rights: The resolution doesn't explicitly address how this set-aside interacts with Native Hawaiian traditional and customary rights to East Maui waters, a significant concern in Hawaiian water policy

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

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