Mālama I Ka Wai o Maui Hikina

Maui County Passes Community Water Authorities Charter Amendment

By Tara Apo

In the recent general election, Maui Nui celebrated the passage of the historic Charter Amendment for the Maui County Community Water Authorities, voted in by an overwhelming majority. For East Maui residents, this is the next chapter in a decades-long battle to protect local streams and communities.

The original resolution, proposed by East Maui Council member Shane Sinenci, sought to establish an East Maui Community Water Authority to address many of the concerns raised by community members, not the least of which is the prospect of a Canadian Pension Fund acquiring the East Maui water leases for the next 3050 years.

With the encouragement of management staff in the Mayorʻs office, however, the resolution evolved into its current Countywide version. It creates the framework for communities across Maui Nui to establish regional community boards with regional directors to manage and/or acquire the water collection and delivery systems in their area, which have long been controlled by private corporations.

WHAT DOES THE CHARTER AMENDMENT ACCOMPLISH?

The Water Authorities fill a big gap, because currently the century-old water delivery systems Maui Nui depends upon are not being adequately maintained to promote water security. The Water Authorities would provide for the efficient management and public control of these old plantation systems; investment in aging, leaky infrastructure to reduce water waste; and adaptation of water delivery systems for the 21st century and a changing climate.

Regional community boards bring the people who are most familiar with their ‘āina into decision-making, incorporating place-based and generational knowledge into resource management. The board selects a regional director and reviews and approves a long-term watershed management plan and watershed-related programs and priorities, along with other environmental and operational reports. The Water Authorities will also have grant writers, community liaisons, water system technical analysts, and other necessary staff to manage water collection and delivery systems.

As a public entity, the Water Authorities are eligible to obtain significant private, state, and federal funding to manage and upgrade the water delivery systems. Water delivery revenues will be used to maintain operations and infrastructure and implement watershed restoration programs.

The charter amendment also establishes the creation of an East Maui Community Board to pursue the acquisition of the East will occur, the Authority will also need to negotiate an agreement with A&B and EMI to access the portions of the system located on their privately owned land.

Maui water leases. Currently, the only applicant for the leases is Alexander & Baldwin (A&B) and its subsidiary, East Maui Irrigation (EMI), which Mahi Pono—owned and controlled by Public Sector Pension Investment Board (PSP), one of Canada’s largest pension funds—owns a 50% stake in.

However, if that fails, the Authority can obtain use of the system through eminent domain. Within the next year, it is also feasible that the Nā Wai ʻEhā community may pursue the creation of a regional board for their area and seek to purchase the Wailuku Water System. The Authority will also work with DLNRʻs Division of Forestry and Wildlife to coordinate watershed management programs.

The East Maui Community Board will be comprised of eight residents who live in the East Maui water license areas - Huelo, Honomanū, Keʻane, and Nāhiku; one domestic and one agricultural resident from the water service area (Upcountry); and a representative of the Hawaiian Homes Commission. The mayor will appoint four members— one from each lease area—and the County Council will appoint the rest. Other communities may establish regional boards by County Ordinance.

Next Steps

Now the real work begins. Applications for the East Maui Community Board seats are now open and the Mayor and County Council will appoint members. Once established, the Board will begin recruitment efforts and hire a Regional Director. The Board and Director will need to work with the State to determine the requirements for an intergovernmental agreement granting the East Maui water licenses to the Authority. To assure that no interruption of service

It will likely be a few years before the East Maui Community Water Authority obtains the East Maui water licenses, but the process has begun and voters have expressed their desire for local control of our water resources.

Those interested in applying for seats on the East Maui Board may contact Councilmember Shane Sinenciʻs office at (808) 248-7513.

Regional community boards bring the people who are most familiar with their ‘āina into decision-making, incorporating place-based and generational knowledge into resource management.

Tara Apo is a streams organizer with the Sierra Club Maui Group and studies Sustainable Science Management at UH Maui. She currently serves as Vice President for the Kaupō Community Association, Inc.