Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 1, 1 January 1996 — Water Review Commission urges priority water use for Hawaiians [ARTICLE+ILLUSTRATION]

Water Review Commission urges priority water use for Hawaiians

by Pearl Leialoha Page The final recommendations regarding changes to the state water code will eome up for legislative review this session. The Office of Hawaiian Affairs and the Native Hawaiian Advisory Council support the Water Review Commission's primary recommendations. Since 1992 the state water code has been undergoing a careful review and revision process — a process that Hawaiian agencies and organizations have been watching closely. The last public informational hearings concluded last November, though the commission's final report was sub-

mitted December 1994 and its 82 proposals to amend the water code were published in an insert in the Honolulu Star Bulletin,iunt 13, 1994. Chief among the recommendations is that water should be regu>2ted under a policy of priority usage that calls for protecting streams and aquifers, providing for

the irrigation of traditional taro land, and supporting Hawaiian home lands development, as called for by the consti-

tution, various court cases and existing laws. The report does not suggest expansion or reduction of any water right, says Alan Murakami, one of the nine Water Review Commission members, and a member of the Native Hawaiian Legal Corp. "It simply consoli-

dates existing rights," he said. The commission writes that the law provides for a higher priority for: • protecting streams and groundwater aquifers (Article XI, sec 7), • irrigating traditional taro land and protecting traditional and customary practices of Hawaiians (Article XII, sec. 7) — including use of the marine ecosystem (Article XI sec. 3) that depends on mixing of stream water with near shore oeean waters for spawning grounds; • supporting Hawaiian home land development (H.R.S. 174C101); and • assuring that important agri-

cultural lands get irrigation water (Article XI sec 3). The second key point is desig-

nating the entire state as a water resource management area. The move is seen as a time-saver that avoids arguments about whether to regulate specific areas or not. This move would also result in a more unified program. The Commission of Water Resource Management (CWRM) has

sometimes spent years on decisions about whether to designate an area for water use permit regulation. This has led to waste and frustration, says Liz Martin of the Native Hawaiian Advisory C o u n e i 1 . "Concentrating on developing a comprehensive water plan for the state would be a mueh more meaning-

ful use of

state resources," she adds. A statewide permitting system benefits residents by making public officials more accountable for their tnist responsibi!ities, eomments Linda Delaney, OHA Land and Natural Resource officer.

Water will continue to be a hot topic in this year's legislative session anel probably in the years to eome. For information on upcoming legislative hearings; eaii Rep. Dwight Takamine at 586-6440, anel Sen. Randy lwase, 586-6740.

Neighbor island eommu-

nities are especially vulnerable to development because of their agricultural past. At the

same time, the neighbor islands have the least degraded environments for restoration of the eeological integrity of the traditional ahupua'a. This is the foundation and sanctuary for the socio-eco-nomie revitalization of the native Hawaiian culture, Delaney adds. The point of contention is the diversion of water from streams

that historically supported the eeonomie vitality of the native ahupua'a. "Now that king sugar

is dying out, native communities look for the return of their traditional water resources," she says. However, landowners, developers and, to a degree, the counties oppose these measures based on their own perceived and real needs. Testimony submitted by the Land Use Research Foundation, (LURF) adamantly

opposes statewide permitting, asserting that the process will continued page 16

Water was restored to Waiāhole Stream from the sugar ditch system only after intense protest from windward O'ahu residents after sugar fields closed in central O'ahu.

Water review from page 6 1

slow down the system even more and doesn't provide for enough flexibility for solutions that are appropriate to the region. However, many Hawaiian interests feel that because developers often wield more influence over county officials, it is in the developer's best interest to keep things the way they are. LURF argues that water for housing, landscape irrigation, golf courses, hotels, etc. should not be subjugated to the needs of traditional users, or made into "second-class citizens." LURF promotes a "balancing of interests" approach, with water-use planning following land-use. For example, on O'ahu, Leeward developers that the water O'ahu Sugar onee used from the Waiāhole Ditch should go for developments in Kapolei.

The Review Commission report states that county water use and development plans are inadequate to inform the public about how the county will provide water to support its development approvals. Furthermore, the counties have little incentive to develop clear land-use plans and no duty to protect water resources or support Hawaiian rights, said Murakami. Compounding this issue, there seems to be no integration between the counties and the state when it comes to water planning. Therefore, the report urges a more formal process to force integration of these plans. The CWRM is still seen as the entity whose responsibility it is to implement and enforce the proposed changes, so the report recognizes the need for adequate funding.. The Review Commission suggests that means of financing the staffing and research needs of the CWRM through a taxing meehanism on water use be explored. Large eonsumers of water would naturally oppose any new assessments. Yet without adequate funding, the CWRM cannot hope to catch up on fulfilling code requirements. For information on legislative hearings eall Rep. Dwight Takamine at 586-6440, and Sen Randy Iwase, 586-6740.