Committee advances water‑shortage bill with rulemaking changes after farmers seek protections

The House Committee on Water & Land voted to advance HB 510 with an HD1 that the Department of Land and Natural Resources and commission staff helped shape, directing administrative rulemaking to define water‑shortage criteria while increasing public notice and participation.

Kira Kahane, deputy director for the Commission on Water Resource Management in DLNR, explained the bill would move some preparation work for shortage declarations into chapter 91 rulemaking under the Hawaii Administrative Procedure Act so the public has at least 30 days’ notice to participate in setting criteria for shortages. “What we are proposing is to . . . do that by rule making under chapter 91,” Kahane said, adding that the change was intended to provide more community involvement before the commission applies the criteria at a Sunshine Law meeting.

Kathy Mitchell of the Honolulu Board of Water Supply voiced strong support for HB 510. By contrast, Brian Miyamoto of the Hawaii Farm Bureau told the committee the bill raised “uncertain water access for farmers” and could introduce duplicative permitting or unpredictable declarations that would make long‑term agricultural investment riskier.

Kahane said the bill would not create a separate permitting system and that agriculture would be considered in permit classifications. She also noted that temporary shortages sometimes are poorly addressed by designating water management areas and that a separate rule‑based shortage plan could be a better fit.

The committee adopted the chair’s recommendation to pass HB 510 with an HD1 and technical amendments; the chair said the HD1 would add process language and a defect date change. Members recorded some reservations during the vote and asked agriculture stakeholders to continue engagement as the measure proceeds.

Why it matters: HB 510 affects how the state defines and implements water‑shortage responses statewide, including in areas outside designated water management areas. Farmers and ranchers raised concerns about certainty for irrigation and crop production; state water managers said rulemaking will promote public participation in criteria setting.

Ending: The bill advances with an HD1; the committee asked DLNR and agriculture stakeholders to work through classification and notice details before further floor action.