WAILUKU–A new resolution making its way through the Maui County Council discusses the use of recycled water on Maui but mixes in language regarding Lahaina rebuild, sparking concerns amongst residents and council members.

The Maui County Council Water and Infrastructure Committee will meet on Thursday, Oct. 10 at 9 a.m., and on the agenda is Resolution 24-161, drafted by South Maui councilmember and chair of the committee Tom Cook.

The resolution calls for the prioritization of increasing production and expansion of the distribution of recycled R-1 water to preserve potable water for the construction of housing in Maui County.

And while parts of the resolution discuss the lack of potable water in South Maui and the benefits of using recycled water for landscaping, agriculture and irrigation, its inclusion of language that addresses the use of water in West Maui caused some members of the public, and the council, to speak up recently.

The proposed legislation went in front of council on Sept. 27, 2024 where residents in support of the use of recycled water on the island questioned parts of the resolution that focused on the use of water to support housing development in West Maui.

The resolution reads “by adding one million gallons of potable water per day to the County’s water system, the Department would be able to support the construction of affordable housing for approximately 4,587 people in West Maui.”

The resolution states that the island faces chronic potable water shortages that is “delaying the construction of hundreds of affordable-housing units in West and South Maui, exacerbating the County’s housing crisis…”

Jordan Ruidas testified in relation to Lahaina Strong during the Sept. 27 meeting.

“We cannot support a policy that favors development over the environment and our local residents. We encourage you to do more community outreach on this matter, and do not agree with the council adopting this resolution today,” she said in her testimony.

After urging the council to send Res. 24-161 to committee, she highlighted some concerns she hoped would be addressed during the committee meeting this week.

“Some key concerns that we feel need to be discussed in committee include ensuring that conserved water is returned to our streams, which are vital to our ecosystem and cultural health,” Ruidas said.

“The focus of expanding R-1 water should be environmental stewardship, not development,” she added.

Katie Austin, of West Maui, thanked the council for looking into the importance of using recycled water, but said she had some hesitations about the resolution.

“We do want a little bit more protections in there so that we do see that water within our communities and not going north to Kapalua for luxury development or further south for more other luxury developments,” she said.

Scott Crawford, the director of the Maui Marine Program for the Nature Conservancy, also provided testimony on Sept 27.

“We support the reuse of R-1 wastewater in general and the development of the infrastructure to support that, particularly for the benefits of reducing impacts on our nearshore marine environment to support the health and resiliency of coral reefs, fisheries and habitats but we are not taking a position at this time on the specific allocation of recycled water in West Maui, other than to encourage strong community engagement in the process of deciding the best and highest use for recycled water allocation,” Crawford said.

Kai Nishiki, longtime community organizer and co-executive director of Maui Nui Resiliency Hui, testified on Sept. 27 and said she fully supports the distribution of R-1 water, especially in regards to the use of potable water for affordable housing development.

She said she hopes more conversations around water conservation for the greater good can be had in the future.

“I believe that the prioritization of our water resources is where a significant focus should be because domestic use of water also includes uses that are not fully beneficial for our community. So, if we could, prioritize the use of water for residential, domestic use, and agriculture,” Nishiki said.

During the Sept. 27 meeting, Cook said he “heard the testimony, the concern, and the fear” from the residents but that he was ready to pass it on the floor that day and that the resolution had good intentions.

But not everyone agreed.

Councilwoman Tamara Paltin who represents the West Maui district said she had concerns with the resolution’s language, as well.

“I think a lot of it needs to be flushed out. It’s just a one-sided statement at this point. And while affordable housing is mentioned, it says ‘housing’ and not ‘affordable housing’ for one. Second of all, for West Maui, from the Supreme Court ruling, we need to use that R-1 anyway.”

“This is a much bigger topic than just the feel-good we need to use R-1; we need to do all these things. Obviously we need to do that and my understanding is that the administration is already working on that,” she added.

Councilmember Gabe Johnson, who represents Lanai, said he supports turning wastewater into R-1 water, but also had concerns about the resolution.

“When I looked at the resolution, nowhere does it mention that it’s a public trust resource. In fact, the first sentence says ‘water is a scarce and valued commodity.’ I have issues with that statement,” he said.

“I don’t think water is a commodity to be traded, to be sold, to be bought. Water is a public trust, it’s a public trust resource,” he added.

The latest version of the resolution has been changed to read water as a public trust resource.

This week the Water and Infrastructure Committee will meet on Thursday, Oct. 10 at 9 a.m. to look at Res. 24-161 again.

The public may join online via Teams at http://tinyurl.com/WAI-Committee or provide remote oral testimony using that link.

In-person testimony and viewing may occur at the Council Chamber at the Kalana O Maui Building, 8th Flr., 200 South High St. in Wailuku.