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Beneficiaries urge halt to Waiahole wells plan, allege undisclosed $2.46M DHHL contract

Hawaiian Homes Commission · October 22, 2025
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Summary

Beneficiaries at the Hawaiian Homes Commission meeting urged the department to pause the Waiahole/Waihule wells project and demanded fuller beneficiary consultation after testimony alleging a $2,460,000 DHHL contract with Austin Tsutsumi & Associates and potential diversion of trust water to non‑beneficiaries.

Tema Watson, an undivided‑interest leaseholder on Maui, told the Hawaiian Homes Commission on Sept. 16 that the Department of Hawaiian Home Lands (DHHL) had moved forward with a Waiahole wells agreement that she said “would give nearly half of our trust water to the County and to non beneficiaries.” She also testified that DHHL executed a $2,460,000 procurement with Austin Tsutsumi & Associates on July 30, 2025, “before any consultation and without approval from the Hawaiian Homes Commission,” and called for the project to stop until beneficiaries are fully consulted.

Why it matters: Beneficiaries framed the issue as both a resource‑allocation and legal question. Watson cited Ahona v. DHHL (1981), saying the agency holds fiduciary duties similar to a private trustee and must prioritize beneficiaries’ water needs. Her testimony raised procedural concerns about disclosure and consultation on the proposed contract and water‑use agreement.

DHHL staff and commissioners responded during public testimony with status updates rather than an immediate rebuttal of the procurement allegation. A commissioner reading correspondence said DHHL had received an Aug. 25 letter from the County Department of Water Supply approving plans for three water meters on a 127‑acre parcel tied to beneficiary requests. That speaker said the matter was now routed within DHHL’s Planning, Land Development and Land Management divisions and “the ball is in the court of DHHL now.” Chair Collei Watson acknowledged limited departmental resources and noted interagency coordination would be required to resolve access and infrastructure questions.

What was said (selected quotes): "DHHL wants to move forward with the Waiahole Wells agreement that would give nearly half of our trust water to the County and to non beneficiaries," — Tema Watson. "On 07/30/2025, DHHL inched a $2,460,000 procurement contract with Austin Tsutsumi and Associates before any consultation and without approval from the Hawaiian Homes Commission," — Tema Watson. "We received a letter from the Department of Water Supply ... the plans that DWS has approved for the 3 water meters" — update read into the record.

What is unresolved: The commission did not vote on the Waiahole project during the session. Watson’s allegation about the July procurement and the assertion that the wells’ agreement would divert large shares of trust water remain contested in public testimony and were not resolved at the meeting. Commissioners acknowledged the need for further internal DHHL coordination and for beneficiary consultations, and several speakers asked staff to provide documentary copies and timelines.

Next steps: Commissioners said they would follow up on the Department of Water Supply correspondence and on requests for additional beneficiary consultation. Petitioners and community representatives asked for copies of procurement documents and related environmental or due‑diligence reports to be shared with beneficiaries and the commission.