STAND. COM. REP. NO. 3882

Honolulu, Hawaii

RE: H.C.R. No. 178

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Water, Land, Culture and the Arts, to which was referred H.C.R. No. 178, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PRIORITIZE ISSUING A 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,"

begs leave to report as follows:

The purpose and intent of this measure is to urge the Department of Land and Natural Resources to prioritize issuing a 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.

Your Committee received testimony in support of this measure from the East Maui Water Authority and seven individuals.

Your Committee received comments on this measure from the Department of Land and Natural Resources

Your Committee finds that the County of Maui, like all government entities subject to the Hawaii State Constitution, must uphold the public trust doctrine, which obliges the government to "protect, control and regulate the use of Hawaii's water resources for the benefit of its people". Currently, the demand for water in the County of Maui, trending higher due to growth in population and corresponding agricultural needs, threatens to exceed the supply of water for East Maui, where drought conditions have substantially depleted stream water resources. Aligning with the public trust doctrine, this measure will improve access and availability of water for East Maui residents by requesting the transfer of control over the region to suitable and adept county agencies.

As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 178, H.D. 1, and recommends that it be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,

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CHRIS LEE, Chair