HCR158

WHEREAS, the Commission on Water Resource Management administers the State Water Code, which was enacted in 1987; and

WHEREAS, water is a finite resource that must be carefully managed and allocated in order for the State to meet its mandates; and

WHEREAS, article XII, section 7, of the Hawaii State Constitution reaffirms and protects all rights customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaʻa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate these rights; and

WHEREAS, article XI, section 1, of the Hawaii State Constitution states that for the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals, and energy resources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State; and

WHEREAS, the State Water Code requires that adequate provisions be made for the protection of traditional and customary native Hawaiian rights; protection and propagation of fish and wildlife; maintenance of proper ecological balance and scenic beauty; and preservation and enhancement of the waters of the State for municipal uses, public recreation, public water supply, agriculture, and navigation; and

WHEREAS, the Commission on Water Resource Management's mission is to protect and manage the waters of the State for present and future generations; and

WHEREAS, the Commission on Water Resource Management is statutorily attached to the Department of Land and Natural Resources; and

WHEREAS, because of this administrative structure, there may be real or perceived conflicts of interest between the Commission on Water Resource Management and Department of Land and Natural Resources; and

WHEREAS, the Commission on Water Resource Management faces certain political and legal vulnerabilities in implementing the State Water Code that could allow external interests to unduly impede its important work; and

WHEREAS, under existing law, the Chairperson of the Commission on Water Resource Management is the Chairperson of the Board of Land and Natural Resources, who serves as a member of the Governor's cabinet, and the Chief Legal Counsel of the Commission on Water Resource Management is the Attorney General, who also serves as a member of the Governor's cabinet; and

WHEREAS, as currently structured, the Chairperson of the Board of Land and Natural Resources and Attorney General wield considerable influence over the Commission on Water Resource Management and its staff, including the ability to determine whether and how submittals containing recommendations for action reach the Commission; and

WHEREAS, it was claimed in August 2023 that the Chairperson of the Commission on Water Resource Management holds the unilateral authority to remove the Deputy Director for Water Resource Management, without notice to or input by the public or Commission; and

WHEREAS, section 28-8.3, Hawaii Revised Statutes, provides for over twenty-four cases in which agencies of the State are permitted to employ independent legal counsel, including by the Office of Hawaiian Affairs, University of Hawaii, Public Utilities Commission, Kahoolawe Island Reserve Commission, Campaign Spending Commission, and Mauna Kea Stewardship and Oversight Authority; and

WHEREAS, it is crucially important to provide greater layers of political and legal insulation to the Commission on Water Resource Management, including the avoidance of even the appearance of a conflict of interest; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that a task force is requested to be established to recommend changes to the structure and administration of the Commission on Water Resource Management to improve its operations and functions and protect its mission; and

BE IT FURTHER RESOLVED that the task force is requested to consist of the following members:

(1) The Chairperson of the Board of Land and Natural Resources;

(2) A representative of the Office of Hawaiian Affairs;

(3) The Acting Deputy Director for Water Resource Management;

(4) The chairperson of the House of Representatives standing committee with primary jurisdiction over water and land, or the chairperson's designee;

(5) The chairperson of the Senate standing committee with primary jurisdiction over water and land, or the chairperson's designee;

(6) A representative of the Judiciary, to be designated by the Chief Justice of the Hawaii Supreme Court;

(7) Two members of the public with experience in water resource management--one to be invited by the Speaker of the House of Representatives and one to be invited by the President of the Senate; and

(8) Three members of the public with expertise in traditional and customary native Hawaiian practices and water policy, to be invited by the Commission on Water Resource Management; and

BE IT FURTHER RESOLVED that the members of the task force are requested to choose a chairperson from among themselves; provided that the individual identified in paragraph (1) in the clause above is requested not to serve as the chairperson of the task force; and

BE IT FURTHER RESOLVED that the members of the task force may invite additional members who have applicable subject-matter expertise; and

BE IT FURTHER RESOLVED that the members of the task force are requested to serve without compensation but may be reimbursed for necessary expenses, including travel expenses, incurred in carrying out their duties; and

BE IT FURTHER RESOLVED that the task force is requested to make recommendations concerning:

(1) The establishment of procedures and safeguards to avoid conflicts of interest;

(2) The amendment of the structure and administrative functions of the Commission on Water Resource Management to improve the Commission's ability to fulfill its duties as mandated by the Hawaii State Constitution and Hawaii Revised Statutes; and

(3) The prevention of government overreach from affecting the work and mission of the Commission on Water Resource Management; and

BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature by December 1, 2024; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to provide any necessary administrative and staff support to the task force, including the preparation of the report; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Chairperson of the Board of Land and Natural Resources, and Acting Deputy Director for Water Resource Management.

	OFFERED BY:	_____________________________

Report Title:

Commission on Water Resource Management; Task Force; Structure and Administration

HOUSE OF REPRESENTATIVES	H.C.R. NO.	158
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII