Board defers action on Bill 1 after members raise 'Show Me the Water' concerns

The Maui County Board of Water Supply on Feb. 19 unanimously voted to defer action on Bill 1, which would change the county's water-availability policy to allow construction-plan review to proceed in parallel with proving a long-term water source. Member John Helly moved to defer until staff and the bill maker provide detailed presentations; the motion passed without opposition.

Public testimony from Leilani Pulmano of Pacific Rim Land said the bill would streamline processing and "potentially save developers four to ten months of processing time" while preserving the requirement that final subdivision approval still must show a long-term reliable water source. Members pressed staff on possible legal and practical risks of allowing plan review before water is secured. Member Helly said the bill's language could remove or limit the director's discretion and might create a legal basis for developers to claim injury if final plans are later denied. Engineering Program Manager James Jensen said the department's intent is to allow overlapping engineering review but not to guarantee availability of water: "We understand this bill to be a mechanism to overlap the review processes, thereby saving time. However, it is at risk, and if water is not available when those plans are approved, then water is not available."

Board members requested a fuller presentation of the department's current review process and asked that the bill's sponsor explain the measure's purpose. Vice Chair Ekolu Lindsey voiced support for streamlining but said he worried about "unintended consequences" if approvals proceed without firm water commitments. The board asked Chair Donna Sterling to draft a letter communicating the request for additional information and to circulate it after staff and the sponsor have presented more details.