A bill aimed at safeguarding the state Water Commission from outside influence is gaining momentum following a recent ruling by the Hawaiʻi Supreme Court.
The high court's unanimous decision found the state attorney general's office made false statements to try to exploit the Maui wildfires to advance its own interests.
Nearly two dozen students from Hawaiian immersion schools on Maui have traveled to the state Capitol multiple times this legislative session with a simple message.
“The Water Commission should not be under the control of BLNR and under the hands of the governor. It is important for regulatory bodies to lead by example and adhere to the laws they are meant to enforce,” said Hōkūao Aki, a student at Ke Kula Kaiapuni ‘O Kekaulike.
Aki reminds lawmakers that water in Hawaiʻi is a public trust resource. She and her classmates are urging legislators to pass House Bill 2690, which aims to create more independence for the Water Commission by insulating it from outside influence.
This has been a long-standing issue, said attorney David Kimo Frankel.
“The (Water) Commission and the Board of Land and Natural Resources have been so connected in the past to the plantations and corporate interests,” Frankel said. “This case sort of reveals the extent to which politics rather than facts can drive an agenda.”
Frankel is referring to a decision by the Hawaiʻi Supreme Court that found BLNR, through the attorney general’s office, acted in “bad faith” when it blamed stream protections for the lack of water to fight the Maui wildfires — a statement the high court later found to be false.
“What the board and the attorney general attempted to do was leverage the most horrific event in the state history to advance its interest and continue dewatering our streams,” Frankel explained.
The AG’s office said in a statement that it disagrees with the court's characterization and with its conclusions.
The ruling gives Frankel a little bit of hope that lawmakers see the importance of HB2690. The measure is in conference committee awaiting agreement between the chambers. It’s one of the final steps of the legislative process.
