Requesting The County Of Maui To Acquire All West Maui Water Systems Through Eminent Domain And To Hold Them In Trust For The Public, With Management Under The County Water System, Pursuant To The Public Trust Doctrine.
If enacted, this resolution would enable the County of Maui to manage the water systems under public trust doctrine, which is a fundamental principle enshrined in the Hawaii State Constitution. The intention is to ensure that the allocation of water resources aligns with community needs, environmental protection, and the preservation of cultural practices, particularly those of Native Hawaiians. Through this measure, the county would not only enhance resilience against climate-related challenges but also uphold its obligations regarding water management and distribution.
SCR152 is a Senate Concurrent Resolution that requests the County of Maui to acquire all West Maui water systems through eminent domain. This resolution arises from significant stress on West Maui's water resources, attributed to ongoing drought conditions, climate change, and the private control of approximately eighty percent of these resources. The resolution emphasizes the critical need for improved water management and accessibility, especially in light of the 2023 Maui wildfires, which highlighted these vulnerabilities. By acquiring these systems, the county aims to restore public control and ensure equitable distribution of water.
Discussion around SCR152 may center on the use of eminent domain for acquiring privately held water systems, a point that often raises concerns regarding property rights and the appropriate scope of government intervention. Supporters of the resolution argue that such actions are necessary to ensure fair access to critical resources, particularly in the context of climate change, while opponents may question the implications for private ownership and management. The resolution underscores the community’s right to assert control over resources that are fundamental to their health and sustainability, bringing to light the need for balance between public good and private interests.