East Maui water oversight board proposal advances

Supporters say it would bring justice for community, others worry about cost to county

Saying that this decision could be a "once in a generation" opportunity, a Maui County Council committee moved forward with a charter amendment that would form a local board that oversees water issues in East Maui, such as long-term lease agreements and water supply.

On Wednesday, the council's Government Relations, Ethics and Transparency Committee voted 5-3 to allow registered voters during the November election to decide whether the county should establish an East Maui Community Water Authority and Community Board.

"This bill is just a small step in a very long journey," said Council Member Shane Sinenci, who holds the East Maui residency seat and proposed this amendment. "Although Native Hawaiians have been fighting for justice for generations, the county has just recently sought water autonomy for its residents and for its farmers."

If the full council decides to put the amendment on the ballot and voters approve it during the general election, it would create the water authority to pursue the opportunity and feasibility of acquiring the long-term water lease agreements for the Nahiku, Keanae, Honomanu and Huelo license areas -- this does not mean East Maui Irrigation will be purchased.

It calls for transparency on the part of the board as well as for entering into an agreement to provide a long-term reliable supply of water for domestic and agricultural needs.

Residents have fought for water rights and advocated for better management practices for decades, committee Vice Chairperson Keani Rawlins-Fernandez said Wednesday.

"Justice delayed is justice denied, and justice has been denied to so many people in our community for far too long," said Rawlins-Fernandez. "They've been fighting for so long and a lot of people aren't here anymore because they passed away already. They died fighting this fight, so it's up to us to carry this mantle."

However, Council Member Yuki Lei Sugimura said that the council needs to take a "deeper dive" into what the East Maui Community Water Authority and Community Board will entail in the long run and how it will impact residents.

"I care about how much this is going to cost and what it is going to do to our water. ... I think this is a broad reach and I'm looking for more discussion on this before I can make a decision to support it," Sugimura said. "I appreciate Mr. Sinenci for opening this door up, but there's a huge unknown out there and what this will cost taxpayers."

Still, Council Member Kelly Takaya King said, "we are going to lose a big opportunity" if this isn't placed on the ballot, and that budget discussions on purchase, maintenance and operation will happen later. For now, she said, this is an "important first step" as the charter amendment moves forward to the full council on July 1.

Council Members Rawlins-Fernandez, Sinenci, King and Tamara Paltin, and committee Chairperson Mike Molina supported the amendment, while Council Members Sugimura, Tasha Kama and Alice Lee were opposed.

However, the discussion won't end with the current charter amendment.

After hearing feedback, Sinenci also proposed an expanded version of the amendment to establish a countywide water authority, building upon the original bill, which will be open for discussion during an Agriculture and Public Trust Committee meeting on June 28.

If a countywide Community Water Authority and Community Board is approved, both the countywide and East Maui charter amendments will be discussed by the full council on July 1, but only one amendment can move forward and be placed on the November ballot.

For the purpose of Wednesday's meeting, the committee approved the East Maui Water Authority charter amendment with modifications "as a necessary first step," Sinenci said.

"I wanted to stress that this legislation is just setting up the framework, giving us, the council, another tool in the toolkit, a tool that we never had before," he added.

As it stands, EMI -- owned by Alexander & Baldwin and Mahi Pono -- is applying for a 30-year water lease for the East Maui streams.

Approval of a 30-year water lease to EMI would place a significant amount of Maui County's water resources under the control of "a foreign, for-profit investor entity," according to the resolution proposing the charter amendment. Mahi Pono was created as a joint venture between California-based Pomona Farming and Canada's largest pension fund managers, Public Sector Pension Investment.

"There's nobody that should be more concerned about a foreign country managing and operating our water," Paltin said. "I like the idea of the transparency, I like the idea of us being able to get federal funds, I like the idea of us having access to people who have done this in municipalities across the continent of America."

Other charter amendments that will head to full council for final consideration include:

• Creating a Maui County Planning Commission as well as planning commissions for all community plan areas on Maui, while dissolving the Maui Planning Commission, which received a 5-3 vote, with one member excused, from the committee.

• Establishing a residency requirement for board, commission and committee members, which received an 8-0 vote, with one excused, from the committee.

• Establishing a county policy to promote climate change adaptation, including the implementation of guidelines to allow telework and alternative work schedules for certain county employees, which received an 8-0 vote, with one excused.

* Dakota Grossman can be reached at dgrossman@mauinews.com.