Maui Council advances interim ban on new private pools in West Maui

The Maui County Council advanced a bill aimed at water conservation in arid West Maui by imposing an interim ban on new private swimming pools.

West Maui Council Member Tamara Paltin, chair of the Disaster Recovery, International Affairs and Planning Committee, introduced Bill 161 and submitted Committee Report 26-3. The Council adopted the committee report and passed the bill on first reading on Wednesday.

Addressing water scarcity

The measure aims to prioritize limited water resources for resident housing and wildfire recovery efforts following the Aug. 8, 2023, disaster. Legislative findings within the bill say that supplying water for stable housing is an “urgent priority” and that private pools are an amenity requiring large quantities of potable water that do not serve essential housing needs.

The interim ban is proposed to remain in effect until Dec. 31, 2030, or until specific regional water conditions are met. These conditions include the completion of a three-phase groundwater availability study and a determination by the State Commission on Water Resource Management that the system’s reliable capacity exceeds demand, including pre-fire requirements.

Impact and exemptions

If the bill receives final approval, no county employee or agency may issue permits for new private swimming pools in West Maui. In September, the Maui Planning Commission voted to support requiring pool covers for existing and new pools, along with recommendations for other water conservation measures. At the time of the commission’s deliberations, there were 69 applications pending for swimming pools in West Maui, according to meeting minutes.

Exemptions included in the bill:

• Home reconstruction in Lahaina for properties that had a pool prior to the fire.
• Repair and maintenance of existing swimming pools.
• Public swimming pools.
• Applications that were complete and properly filed before the ordinance’s effective date.

Board of Water Supply response

In a July 10 letter to the Board of Water Supply regarding the proposed interim ban of private pools, Department of Water Supply Director John Stufflebean reported that an average pool in Lahaina uses about 56 gallons per day or 11% of the 500 gallons per day consumption by an average household. Properly used pool covers reduce evaporation by approximately 90%, he said.

The Board of Water Supply has expressed support for the bill but recommended that the Council consider broader water conservation measures and improved monitoring beyond pool restrictions.

The bill now moves forward to second and final reading. The next full Council meeting is scheduled for Jan. 23.

Conservation during water shortage declarations

In other action, council members approved on first reading Bill 158 to establish water conservation measures and regulate water use during water shortage declarations. At the request of Water and Infrastructure Committee Chair Tom Cook, council members unanimously amended the bill to require covers for swimming pools to limit evaporation.

Under the amended bill, pool covers are required at all times for private pools — except when under repair — when not in use during the day, the property is vacant and when the pool is vacant for more than 30 consecutive days. Existing pools would not be required to comply until March 1, 2027.