HCR197

WHEREAS, effective and efficient water resource management requires continuous and experienced leadership, especially given the climate crisis and urgent need to properly steward water resources to meet the affordable housing needs of local residents; and

WHEREAS, on December 28, 1994, the Review Commission on the State Water Code submitted its final report to the Legislature pursuant to Act 45, Session Laws of Hawaii 1987; and

WHEREAS, the Review Commission determined that amendments to the State Water Code were necessary to enable the Commission on Water Resource Management to more effectively carry out its mandate pursuant to article XI, section 7, of the Hawaii State Constitution to "set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all use of Hawaii's water resources"; and

WHEREAS, further clarification of the Commission on Water Resource Management's purpose, including its leadership structure and composition of the board, will provide greater accountability and protection of the State's waters; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Department of Land and Natural Resources is requested to convene a working group to clarify the purpose of the Commission on Water Resource Management and determine whether the leadership structure and composition of the Commission should be amended; and

BE IT FURTHER RESOLVED the working group is requested to:

(1) Recommend a more explicit public trust purpose for the Commission on Water Resource Management;

(2) Recommend whether the Commission on Water Resource Management should be allowed to retain independent counsel;

(3) Recommend whether the position of First Deputy to Chairperson of the Commission on Water Resource Management should be repealed;

(4) Determine whether the position of Executive Director of the Commission on Water Resource Management should be established to replace the position of First Deputy to the Chairperson of the Commission on Water Resource Management;

(5) Recommend whether the Commission on Water Resource Management should be administratively attached to the Department of Land and Natural Resources;

(6) Recommend which members should be eligible to serve as Chairperson of the Commission on Water Resource Management;

(7) Determine whether the Chairperson of Board and Land and Natural Resources and the Director of Health should not be eligible to serve as Chairperson of the Commission on Water Resource Management;

(8) Determine whether entities to whom an emergency order is directed should be authorized to challenge the order under certain conditions;

(9) Recommend whether the existing notification requirements and contents of declarations of water shortages should be made clearer; and

(10) Determine whether the Commission on Water Resources management should impose harsher fines for certain water use offenses; and

BE IT FURTHER RESOLVED that the working group is requested to comprise the following members:

(1) The Chairperson of the Board of Land and Natural Resources or the Chairperson's designee;

(2) The Director of Health or the Director's designee;

(3) The Attorney General or the Attorney General's designee;

(4) The Director or Manager and Chief Engineer of each county's respective Board or Department of Water Supply or their designees; and

(5) The Mayor of each county or their designees; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Director of Health, Attorney General, Director or Manager and Chief Engineer of each county Board or Department of Water Supply, and Mayor of each county.

	OFFERED BY:	_____________________________

Report Title:

DLNR; CWRM; Working Group

HOUSE OF REPRESENTATIVES	H.C.R. NO.	197
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII