Hawaii Commission on Water Resource Management

Hawaii Commission on Water Resource Management
Agency name	Hawaii Commission on Water Resource Management
Formed	1987
Jurisdiction	Hawaii
Headquarters	Honolulu
Parent agency	State of Hawaii

Hawaii Commission on Water Resource Management is the state agency responsible for administration of the public waters and protection of water resources across Hawaii under the framework established by the Hawaii Water Code. The commission oversees allocation, conservation, and sustainable use of surface and groundwater on islands including Oʻahu, Maui, Hawaiʻi (island), Kauaʻi, and Molokaʻi. It operates within the legal and policy contexts shaped by the State of Hawaii Department of Land and Natural Resources, the Office of Hawaiian Affairs, and federal statutes such as the Clean Water Act and interactions with agencies like the United States Geological Survey and Environmental Protection Agency.

History

The commission was created in response to contested water rights and resource challenges that trace to disputes involving entities such as the Alexander & Baldwin sugar plantations, the Wailuku Sugar Company, and municipal infrastructure projects in Honolulu Board of Water Supply service areas. Early precedents included litigation under the Public Trust Doctrine and cases influenced by decisions from the Hawaiʻi Supreme Court and interactions with Kamehameha Schools land management. Legislative action in the 1980s followed analyses by the University of Hawaiʻi water law scholars and planning units within the Department of Land and Natural Resources, reflecting concerns voiced by community groups from Kauaʻi Island and Maui County.

Authority and Legal Framework

Statutory authority flows from the Hawaii Revised Statutes codifying the Hawaii Water Code and delegations by the State Legislature to implement water resource administration. The commission’s powers intersect with federal programs under the Safe Drinking Water Act and regional initiatives coordinated with the Pacific Islands Fish and Wildlife Office. Case law from the Hawaiʻi Supreme Court and precedents involving parties such as Alexander & Baldwin, County of Hawaiʻi, and the Honolulu Board of Water Supply have shaped doctrines on instream flow standards, water leases, and public trust obligations. The commission enforces standards that must align with directives from the Governor of Hawaii and decisions from the Hawaiʻi State Legislature.

Organization and Governance

The commission is composed of appointed commissioners who coordinate with the Department of Land and Natural Resources and maintain staff including hydrologists, attorneys, planners, and engineers. Leadership appointments involve the Governor of Hawaii and confirmation processes related to the Hawaiʻi State Senate. The agency organizes regional offices and technical partnerships with institutions like the University of Hawaiʻi at Mānoa, the US Geological Survey, and county water departments including the Maui Department of Water Supply and Hawaii County Department of Water Supply. Governance includes advisory committees and consultations with organizations such as the Office of Hawaiian Affairs and nonprofit groups like the Sierra Club of Hawaiʻi.

Programs and Activities

Programs include groundwater modeling, streamflow monitoring, water use reporting, and drought response coordination. Technical initiatives often collaborate with the United States Geological Survey and academic research from the University of Hawaiʻi system, while outreach partners have included the Nature Conservancy and local watershed councils in Waimea (Kauai), Pāhoa, and Kahului. The commission administers educational and compliance programs relating to aquifer protection, source water assessments aligned with Safe Drinking Water Act principles, and habitat considerations linked to Hawaiian monk seal conservation and native species managed by the Hawaii Department of Land and Natural Resources Division of Forestry and Wildlife.

Water Resource Planning and Management

Planning activities produce water use plans, hydrologic reports, and instream flow standards for aquifers such as those under Oʻahu aquifers, the Māʻili aquifer system, and reservoirs serving Hilo and Lahaina. The commission coordinates with county planning agencies including the City and County of Honolulu Department of Planning and Permitting and regional entities like the Maui County Planning Department. It integrates technical data from the USGS Hawaii Water Science Center, mapping resources from the Hawaii State Geographic Information System, and traditional knowledge maintained by organizations such as Kamehameha Schools and community ʻāina stewardship groups.

Enforcement and Permitting

The commission issues permits, water use entitlements, and instream flow standards, adjudicating contested cases that have involved parties like agricultural corporations, municipal water suppliers such as the Honolulu Board of Water Supply, and cultural practitioners asserting rights under the Public Trust Doctrine. Enforcement actions may include cease-and-desist orders, administrative hearings before the Hawaiʻi State Office of Administrative Hearings process, and coordination with county law enforcement when necessary. Compliance mechanisms reflect statutory provisions from the Hawaii Revised Statutes and are informed by precedents from the Hawaiʻi Supreme Court.

Stakeholder Engagement and Public Involvement

Public participation includes hearings, interagency consultations, and collaborative planning with community organizations, Native Hawaiian entities including the Office of Hawaiian Affairs, and environmental NGOs such as the Conservation Council for Hawaiʻi. The commission engages stakeholders across island counties—Kauaʻi County, Maui County, Hawaii County, and the City and County of Honolulu—and coordinates with federal partners like the Environmental Protection Agency and the United States Army Corps of Engineers for projects affecting watershed health, water infrastructure, and cultural resources.

Category:Water management in Hawaii Category:State agencies of Hawaii