Legislative measure would have state acquire all West Maui water systems through eminent domain

The state Department of Land and Natural Resources would be required to acquire all West Maui water systems through eminent domain and then hold them in trust for the management by Maui County, according to a bill introduced this legislative session.

Senate Bill 386 has been proposed by Maui Sens. Angus McKelvey (West and South Maui, Mā‘alaea and Waikapū) and Lynn DeCoite (Hāna, East and Upcountry Maui, Moloka‘i, Lāna‘i, Kaho‘olawe and Molokini); Oʻahu Sens. Stanley Chang (Hawai‘i Kai, Kuli‘ou‘ou, Niu, ‘Āina Haina, Wai‘alae-Kāhala, Diamond Head, Kaimukī, Kapahulu), chair of the Senate Housing Committee; Republican Kurt Fevella (‘Ewa Beach, Ocean Pointe, ‘Ewa by Gentry, Iroquois Point, portion of ‘Ewa Villages); and Hawaiʻi Island Sen. Joy San Buenaventura (Puna).

The bill’s legislative finding says that “West Maui’s water resources are under significant strain due to prolonged drought conditions, climate change and increased demand from private entities controlling approximately 80% of these resources, supplying water to hotels, golf courses and large estates. The 2023 Maui wildfires, exacerbated by invasive grasses and limited water availability, highlighted the critical need for improved water management and accessibility.”

The measure also says that the diversion of streams for private use has negatively affected traditional Native Hawaiian agricultural practices and the ecological health of the region.

According to the bill, “it is imperative to assert public control over West Maui’s water systems to ensure equitable distribution, enhance resilience against climate-induced droughts and wildfires, and uphold the public trust doctrine enshrined in the Hawaiʻi State Constitution.”