If the Council wants to speed housing that is actually buildable, the fix is not “approve first, prove water later.” The responsible approach is to keep water certification as a gate, and instead streamline the steps that do not compromise reality-based constraints: clearer DWS timelines, pre-application conferencing, standardized engineering submittals, transparent capacity maps, and faster review only after water source and system capacity are verified. That produces fewer phantom projects, less political pressure, and more honest planning.
For these reasons, I urge you to reject Bill 1 (2026) or amend it to preserve water certification as a mandatory precondition to subdivision approval, not an afterthought.
My name is Robin Knox, I am an environmental Scientist with close t0 40 years experience protecting the water environment. I have been a South Maui resident and voter since 2006. I was the author of the first watershed Plan for Southwest Maui (Kihei-Wailea-Makena areas). I am testifying in opposition to WAI-21 – Bill 1.
I am opposed to the proposed changes to Maui County Code 14.12.040. Said changes would allow a subdivider to submit subdivision construction plans to the Planning Department for review prior to receiving written verification of water availability from the planning Director. I am opposed to the changes because I am concerned about two types of scarce resources 1) Water Resources and 2) County staff resources.
• Per MCC 18.20.160 if subdivider is not notified of any changes or additional requirements within 45 days of submission, the plans will be deemed approved as submitted. I am concerned that if Director, planning, Water supply and the sanitary and district engineers are not able to review the plans within 45 days, that subdivision construction plans may be automatically approved without review and verification of water supply
• Per MCC 18.20.180 when construction drawings are approved, subdivider may proceed with construction of improvements and utilities. Even though written verification of water supply must be provided prior to final subdivision approval, this proposed change would allow significant investment by subdivider with no assurance of water supply. I am concerned that even though the subdivider does construction at their own risk, that it will create significant political pressure on the Planning Department to provide water verification because of the dollars invested.
• I am concerned that these changes would lead to a waste of County resources reviewing and approving of plans for a subdivision that has no verified reliable long-term water supply.
• I am concerned that our County’s increasingly scarce water supply, especially in South Maui, will be compromised by having developer’s gain construction approvals prior to verifying water supply.
It is well known in the community that receiving permits from the Planning Department takes an unacceptably long time. It makes no sense to waste County Resources to review something that cannot be approved due to lack of water supply. I am also concerned that South Maui will end up with a situation like that of West Maui, where development of affordable housing cannot proceed after decades of planning, because of lack of water supply.
Allowing the County to invest scarce planning staff hours, and subdividers to invest dollars and construct infrastructure without first verifying water supply is definitely putting the cart before the horse, and will create immense political pressure on the Planning Director to verify water supply due soley to the investments made prior to verification of water supply.
For these reasons, I oppose the changes proposed in Bill 1
I’m writing to oppose Bill 1 which would weaken the long-time protections of “Show Me the Water” prior to approval of subdivision construction plans. It appears that the mandatory language in the bill would remove meaningful oversight and discretions and would risk having runaway development that may not have any water at all.
How are we, the citizens of Maui expected to cope with not only the current line-up of what I consider over-development of South Maui with even more unchecked development that will put us all at risk for our water needs?
Verification of long-term, reliable water supply is critical to safeguarding our county. Bill 1 removes those safeguards.
Marui can’t afford to plan development first and then try to find a way to provide the water afterwards. I strongly oppose any loosening of the important safeguard of “Show Me the Water” ordinance and ask that you decline to move forward with this effort to weaken our water protections.
I would like to express my support for the proposed bill. Allowing the subdivider to address water availability concurrently with the Department of Water Supply’s review of the construction plans will reduce the time for construction plan approval.
Mahalo,
Ashley N. M. Otomo, P.E.
President
Otomo Engineering, Inc.
305 S. High Street, Ste. 102
Wailuku, Hawaii 96793
Aloha Councilmembers,
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for the opportunity to testify.
Warmest Mahalo and Aloha!
Susan Douglas
84A Iliwai Loop
(that’s spelled I L I W A I)
Kihei, Maui, HI 96753
H: 808 879 1112, landline, you can call 24/7, if you get my machine you can leave a long message, best chance of reaching me live, no texts.
C: 808 205 1893, good for texts or VM but the ringer is usually off, I check a few times/day. If I text you back it might show as coming from a 225 area code # w/no caller ID (trying to straighten it out w/provider)
sd3@hawaii.rr.com
Email is usually fastest way to reach me, I check it about 20x/day.
Aloha Councilmembers,
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
It’s not enough for the developer to say he’s using private access (which is taking water from the one aquifer). 15 years ago this was a big problem. The fresh water lens was getting smaller. At that time no one knew how many “private” wells were taking water. Do you know now? If we are not wise in the way we use and allow our water to be used, we will find ourselves in a permanent lack of water for the citizens of Maui, not to mention the agriculture.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections. Please think of the time to come when we have another drought.
Mahalo for the opportunity to testify.
Sincerely,
Mary K. Groode
50 year resident of Maui
3371 A Keha Dr., Kihei, HI. 96753
Dear Councilmembers,
Aloha! We are writing in opposition to Bill 1.
We realize that Bill 1 weakens Maui’s long standing protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The position of this bill is not acceptable to us.
This Bill 1 removes the vital safe guard that insures that new developments show that there is ample water available for any new project. Instead, Bill 1 approves of development in areas that do not necessarily have adequate water.
We absolutely oppose any loosening of our current law requiring verification that there is indeed adequate water available. For
the health of our island, please decline to move forward with anything similar to Bill 1 which weakens water protections and supply.
Mahalo for reading our testimony,
Barbara Terrill and Michael Reed Gach
Maui Residents and Property Tax Payer
2198 Auina Place, Kihei, Maui, HI 96753
Michael Reed Gach, Ph.D.
Michael@acupressure.com
Aloha, I am asking that you please oppose Bill 1. Loosening water protections is NOT the direction Maui should be going. Building (or planning to build) without confirmed water access is short sighted and bound to put our county in a worse situation. We must stop this practice of using housing as a magic word to streamline development. The UN has declared that the world has entered an era of "Global Water Bankruptcy". Please read the article and UN report: https://www.smithsonianmag.com/smart-news/united-nations-declares-that-the-world-has-entered-an-era-of-global-water-bankruptcy-180988045/
I could copy and paste quotes from this that apply directly to Maui's situation of insolvency and irreversibility from spending 'beyond our hydrological needs'.
I understand that the intent of this proposal is to reduce the time it takes for projects to get approved, but at what cost? We are entering an era of GLOBAL WATER BANKRUPTCY. You are all fully aware of the drought and dire water conditions we face as a county. This is a solution that creates more problems than it solves. Please end this in committee and try again with a new proposal that acknowledges the global water bankruptcy that Maui County (and the rest of the world) face in the coming years.
I’m testifying to take a moment to sincerely congratulate everyone on the introduction of a statewide R-1 mandate modeled on Bill 52 (Ord. 5592), filed by Senator Angus McKelvey as S.B. NO. 2971 on Friday, January 23, 2026. This is a meaningful, forward-looking step that builds on the incredible work of this Council, and recognizes municipal wastewater disinfection and expanded reuse water production as essential infrastructure for Hawai‘i’s future, not a secondary afterthought. It reflects long-term thinking, climate realism, and a commitment to using every drop wisely.
In that spirit, I’d like to offer this testimony as a gentle counterpoint to today’s discussion on Bill 1, suggesting that the WAI Committee could consider focusing its time instead on finishing the important work of protecting citizens and marine ecosystems alike from municipal effluent-borne pathogens.
While questions of land use and subdivision sequencing are important, they risk pulling focus away from the most immediate and solvable water issue before us: finishing the job on municipal wastewater disinfection.
In South Maui, that means getting the Kihei Wastewater Reclamation Facility fully across the finish line for 100% UV disinfection so that all effluent meets R-1 standards, all of the time, by passing a retroactive FY2026 budget amendment to fund CBS-5521, which DEM Staff reassured me in a UIPA response would solve remaining "pinch" points that prevent the agency from making full use of the new 7 MGD UV disinfection channel to achieve 100% R-1 / effluent disinfection at the facility.
This is not an abstract policy concern. It is a public and marine environmental health issue. Incomplete disinfection has real downstream consequences for nearshore water quality and for the people who live, work, and recreate here. Ensuring that every gallon leaving the facility is fully disinfected is one of the most direct actions the County can take to reduce illness risk and restore trust in our water systems.
The statewide R-1 mandate raises the bar for Maui, with a chance to show legislators how a community can unite and focus to solve municipal wastewater disinfection, to reassure state lawmakers that implementation of S.B 2971 is not only within reach, but is readily achievable. Now we have an opportunity to align our day-to-day legislative focus with that destination by prioritizing the infrastructure upgrades that make it real.
I present this testimony as a backdrop indicating what the WAI Committee could and arguably should be focusing on: realizing the vision of Bill 52 (Ord. 5592, 2024) over a decade earlier than required by law.
Thank you for the leadership you’ve shown in advancing reclaimed water and municipal effluent disinfection policy, and for continuing to keep public health at the center of these decisions.
Aloha Councilmembers,
I strongly oppose Bill 1, which fundamentally weakens Maui’s “Show Me the Water” protections. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
The current reliance on engineering reports that verify long-term, reliable supply is a critical safeguard for making sure our island has the water it needs. There is NOTHING more important than adequate water, and removing this safeguard could be truly catastrophic.
I ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for doing the right thing.
Sara Patton
160 River Road
Wailuku, HI 96793
I urge you to safeguard water protections and vote no on Bill 1. I am a home owner in Wailea and have observed the increasing drought conditions in the area from a decrease in rainfall. I am very concerned about the proposed LEDCOR developments in the Wailea area in part because of water shortage. I am writing to oppose Bill 1 which weakens the water protections that we have.
It is the residents who are asked to ration water while hotels and luxury developments continue to use huge amounts of water. Keep our water safeguards as they are and if anything, strengthen them!
Development first then deal with where the water will come from later is not responsible planning in any way. Protect our water- it is vital.
Mahalo for the opportunity to testify,
Jeanne Schaaf
3150 Wailea Alanui Drive #2704, Kihei. 96753
No be STUPID. Allowing building to commence without the tried and true requirement of proving water viability for the future is irresponsible in the extreme. I encourage you to act on behalf of our 'aina and Maui citizens to keep the wisdom and caution instituted by your elders in place and make sure Maui remains sustainable, just and livable for all.
Each one of you know our lack of water in Maui County. Climate change has completely change our frequency, direction and quantity of rainfall.
I am on a water catchment system in formerly wet Haiku. I pay attention to rainfall. We experienced a four month dry spell this last fall with my neighbors and I having to purchase potable water. We are still struggling with supply. Even being winter!
Please do not weaken subdivision approval water requirements. While the bill claims to put risk on the developers, history shows that once built, the public bears the consequences through diverted water flow, degraded ecosystems and resorting to emergency decision making. West Maui being an unfortunate example.
The current trend of well digging also can not continue. Risking quantity of aquifer flow.
Please oppose this abhorrent effort to loosen water protections.
Many mahalos,
Cheryl Hendrickson
40 year kama'aina
I am writing to respectfully request that you consider opposing Bill 1, or at least deferring it until it is massaged into something that ensures that an accurate account of Maui’s water resources is taken first every time – before new development is considered and long before it could be permitted.
I oppose Bill 1 in its current version. It it’s not sensible to put Maui into more water debt. Everyone would have to hope that the water showed up somehow or could be diverted from somewhere that someone decides it isn’t needed and can be spared.
Simply put, Maui’s water is already needed where it is, both for the ecology and the economy, which by this time we’re all learning are the same things.
Thank you so much for putting Maui’s wai and lehulehu at the forefront of your minds as you make this decision.
Knowing that rainfall has been decreasing over the last decade and that we just came off mandatory water restrictions. This is not the time to weaken the requirement that developers show proof that there is enough long term water available for their project, not after the fact that there is not enough water for their developmen and it shouldn’t have been approved. If we allow over development without making sure the infrastructure keeps up with the growth every one suffers .
Here in Kihei where I live the Kamaole aquifer is dangerously low with saline intrusion. There are 7,000 new units being built without the infrastructure improvements in water , sewer, electricity and roads to keep up with current demand. We need climate resilience not over development. We should be implementing catchment basins in the upper terrain of our major gulches to catch, retain, slow the erosion and recharge the aquifers with a fund being contributed to by the developers. Mahalo for your time.
Eric Muller
Aloha Councilmembers,
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for the opportunity to testify
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections.
Hawai'i means "air and fresh water are important". "Ha" means air and/or breath. "Wai" means fresh water. Finally 'i means important. Thus, air and fresh water are important.
Why? Because those two substances are needed to support the lives of the plants, animals and humans that live on these Hawaiian islands. The author(s) of this bill must lack the most basic knowledge of the essential resources necessary for human life. Without fresh water, Maui will no longer possess the natural resources necessary to sustain human life let alone being a wonderful paradise.
It is hard to imagine that a sane human being could be foolish enough to propose this bill. Given the strong indication that the author(s) of this bill have some sort of mental disorder, they ought to be banned from participating in Maui County's rule making process.
Aloha, I respectfully oppose this bill and remind us that development without consideration to our limited vital resources is irresponsible. As the stewards of this island, we must balance development and financial pursuits with consideration to long term sustainability, which is stability. Removing the requirement of water for development puts future residents at risk and also compromises our ability to manage our natural resources from a balanced perspective. This is a common sense step we must not remove from the process of approval for development. It’s our responsibility to make carefully considered decisions for our future generations.
Members of the Water and Infrastructure Committee, I submit this testimony in opposition to Bill 1 (2026) because it reflects a fundamental misunderstanding of the role of government in land-use and water planning and because it weakens long-standing protections that exist to serve the people of Maui, not private development sequencing preferences, speculative strategies, or hopeful assumptions about future water conditions. County policy should be guided by what is known, verified, and sustainable, not by what is merely planned, hoped for, or assumed to materialize later.
The County Council and its committees exist to serve the entire population of Maui, present and future. Their obligation is not to accelerate private development pipelines but to protect public trust resources, ensure orderly planning, and prevent foreseeable harm. Water is not an administrative checkbox. It is a finite public trust resource. Treating water availability as something that can be resolved later, after subdivision plans are reviewed, approved, and normalized within the system, places private convenience ahead of public responsibility. That is not sound governance.
Requiring verified, long-term water availability before subdivision advancement is not unnecessary red tape. It is deliberate risk management. It prevents speculative land use, protects limited water systems, avoids political pressure on water officials, ensures transparency and fairness, and prevents downstream conflicts. Bill 1 reverses that logic. It allows projects to advance materially without water certainty and assumes that any resulting risk can be isolated to the applicant. In reality, once approvals are issued, the risk is shared by the County, by surrounding communities, and by future decision-makers. That is not deregulation in the public interest; it is the deferral of risk.
This bill implicitly relies on a dangerous premise that water will be found later, that conditions will improve, or that future supply through rainfall, infrastructure, or policy accommodation will resolve uncertainty. Hope is not a water strategy. Maui’s history contains ample examples of development advancing ahead of infrastructure, with the public paying the price later through shortages, emergency measures, inequity, and conflict. Sequencing requirements exist to prevent precisely that outcome. Lowering standards in anticipation of future water availability is not proactive planning; it is speculation.
Allowing subdivision construction plans to proceed without verified water availability also undermines accountability rather than improving efficiency. County staff time is consumed reviewing projects that may never be viable. Perceived entitlement is created where none should exist. The County’s ability to deny projects later is weakened, and pressure on water officials increases to accommodate incomplete or marginal proposals. True efficiency comes from clarity and discipline at the front end, not from accelerating incomplete applications and attempting to resolve conflicts later.
At this point in Maui’s history, priorities should be clear. The County should be focused on finishing existing approved projects, rebuilding fire-impacted communities, restoring housing where it was lost, and protecting remaining water resources. This bill does none of those things. It is not limited to rebuilding areas, does not prioritize existing pipelines, and does not distinguish between small local projects and large speculative subdivisions. It simply makes it easier to start new subdivision processes without resolving the most critical constraint. That diverts limited capacity away from where it is most needed.
There has been no showing that the public interest is harmed by requiring water certainty before subdivision advancement, nor has there been a credible demonstration that existing water requirements are the cause of Maui’s housing challenges. What the public has consistently asked for is accountability, transparency, and restraint in land and water use decisions. Bill 1 moves in the opposite direction.
This Committee is not tasked with making development easier for its own sake. It is tasked with governing responsibly on behalf of Maui’s residents, its environment, and its future. Water-first planning exists because Maui cannot afford to gamble with its most essential resource. Lowering that standard in the hope that water will appear later is not leadership. It is abdication. For these reasons, I respectfully urge the Committee to defer or file Bill 1 (2026) and to reaffirm that Maui’s water policies exist to serve the public good, not speculative development, deregulation agendas, or assumptions about future rainfall.
Jon Leialoha, Wailuku Resident and Registered Voter
If the Council wants to speed housing that is actually buildable, the fix is not “approve first, prove water later.” The responsible approach is to keep water certification as a gate, and instead streamline the steps that do not compromise reality-based constraints: clearer DWS timelines, pre-application conferencing, standardized engineering submittals, transparent capacity maps, and faster review only after water source and system capacity are verified. That produces fewer phantom projects, less political pressure, and more honest planning.
For these reasons, I urge you to reject Bill 1 (2026) or amend it to preserve water certification as a mandatory precondition to subdivision approval, not an afterthought.
My name is Robin Knox, I am an environmental Scientist with close t0 40 years experience protecting the water environment. I have been a South Maui resident and voter since 2006. I was the author of the first watershed Plan for Southwest Maui (Kihei-Wailea-Makena areas). I am testifying in opposition to WAI-21 – Bill 1.
I am opposed to the proposed changes to Maui County Code 14.12.040. Said changes would allow a subdivider to submit subdivision construction plans to the Planning Department for review prior to receiving written verification of water availability from the planning Director. I am opposed to the changes because I am concerned about two types of scarce resources 1) Water Resources and 2) County staff resources.
• Per MCC 18.20.160 if subdivider is not notified of any changes or additional requirements within 45 days of submission, the plans will be deemed approved as submitted. I am concerned that if Director, planning, Water supply and the sanitary and district engineers are not able to review the plans within 45 days, that subdivision construction plans may be automatically approved without review and verification of water supply
• Per MCC 18.20.180 when construction drawings are approved, subdivider may proceed with construction of improvements and utilities. Even though written verification of water supply must be provided prior to final subdivision approval, this proposed change would allow significant investment by subdivider with no assurance of water supply. I am concerned that even though the subdivider does construction at their own risk, that it will create significant political pressure on the Planning Department to provide water verification because of the dollars invested.
• I am concerned that these changes would lead to a waste of County resources reviewing and approving of plans for a subdivision that has no verified reliable long-term water supply.
• I am concerned that our County’s increasingly scarce water supply, especially in South Maui, will be compromised by having developer’s gain construction approvals prior to verifying water supply.
It is well known in the community that receiving permits from the Planning Department takes an unacceptably long time. It makes no sense to waste County Resources to review something that cannot be approved due to lack of water supply. I am also concerned that South Maui will end up with a situation like that of West Maui, where development of affordable housing cannot proceed after decades of planning, because of lack of water supply.
Allowing the County to invest scarce planning staff hours, and subdividers to invest dollars and construct infrastructure without first verifying water supply is definitely putting the cart before the horse, and will create immense political pressure on the Planning Director to verify water supply due soley to the investments made prior to verification of water supply.
For these reasons, I oppose the changes proposed in Bill 1
Councilmembers,
I’m writing to oppose Bill 1 which would weaken the long-time protections of “Show Me the Water” prior to approval of subdivision construction plans. It appears that the mandatory language in the bill would remove meaningful oversight and discretions and would risk having runaway development that may not have any water at all.
How are we, the citizens of Maui expected to cope with not only the current line-up of what I consider over-development of South Maui with even more unchecked development that will put us all at risk for our water needs?
Verification of long-term, reliable water supply is critical to safeguarding our county. Bill 1 removes those safeguards.
Marui can’t afford to plan development first and then try to find a way to provide the water afterwards. I strongly oppose any loosening of the important safeguard of “Show Me the Water” ordinance and ask that you decline to move forward with this effort to weaken our water protections.
Thank you,
Marlena Hubert
Aloha WAI Committee,
I would like to express my support for the proposed bill. Allowing the subdivider to address water availability concurrently with the Department of Water Supply’s review of the construction plans will reduce the time for construction plan approval.
Mahalo,
Ashley N. M. Otomo, P.E.
President
Otomo Engineering, Inc.
305 S. High Street, Ste. 102
Wailuku, Hawaii 96793
Phone: (808) 242-0032
Aloha Councilmembers,
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for the opportunity to testify.
Warmest Mahalo and Aloha!
Susan Douglas
84A Iliwai Loop
(that’s spelled I L I W A I)
Kihei, Maui, HI 96753
H: 808 879 1112, landline, you can call 24/7, if you get my machine you can leave a long message, best chance of reaching me live, no texts.
C: 808 205 1893, good for texts or VM but the ringer is usually off, I check a few times/day. If I text you back it might show as coming from a 225 area code # w/no caller ID (trying to straighten it out w/provider)
sd3@hawaii.rr.com
Email is usually fastest way to reach me, I check it about 20x/day.
Aloha Councilmembers,
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
It’s not enough for the developer to say he’s using private access (which is taking water from the one aquifer). 15 years ago this was a big problem. The fresh water lens was getting smaller. At that time no one knew how many “private” wells were taking water. Do you know now? If we are not wise in the way we use and allow our water to be used, we will find ourselves in a permanent lack of water for the citizens of Maui, not to mention the agriculture.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections. Please think of the time to come when we have another drought.
Mahalo for the opportunity to testify.
Sincerely,
Mary K. Groode
50 year resident of Maui
3371 A Keha Dr., Kihei, HI. 96753
Dear Councilmembers,
Aloha! We are writing in opposition to Bill 1.
We realize that Bill 1 weakens Maui’s long standing protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The position of this bill is not acceptable to us.
This Bill 1 removes the vital safe guard that insures that new developments show that there is ample water available for any new project. Instead, Bill 1 approves of development in areas that do not necessarily have adequate water.
We absolutely oppose any loosening of our current law requiring verification that there is indeed adequate water available. For
the health of our island, please decline to move forward with anything similar to Bill 1 which weakens water protections and supply.
Mahalo for reading our testimony,
Barbara Terrill and Michael Reed Gach
Maui Residents and Property Tax Payer
2198 Auina Place, Kihei, Maui, HI 96753
Michael Reed Gach, Ph.D.
Michael@acupressure.com
Aloha, I am asking that you please oppose Bill 1. Loosening water protections is NOT the direction Maui should be going. Building (or planning to build) without confirmed water access is short sighted and bound to put our county in a worse situation. We must stop this practice of using housing as a magic word to streamline development. The UN has declared that the world has entered an era of "Global Water Bankruptcy". Please read the article and UN report: https://www.smithsonianmag.com/smart-news/united-nations-declares-that-the-world-has-entered-an-era-of-global-water-bankruptcy-180988045/
I could copy and paste quotes from this that apply directly to Maui's situation of insolvency and irreversibility from spending 'beyond our hydrological needs'.
I understand that the intent of this proposal is to reduce the time it takes for projects to get approved, but at what cost? We are entering an era of GLOBAL WATER BANKRUPTCY. You are all fully aware of the drought and dire water conditions we face as a county. This is a solution that creates more problems than it solves. Please end this in committee and try again with a new proposal that acknowledges the global water bankruptcy that Maui County (and the rest of the world) face in the coming years.
Mahalo
January 26, 2026
Aloha Esteemed WAI Committee Chair and Members,
I’m testifying to take a moment to sincerely congratulate everyone on the introduction of a statewide R-1 mandate modeled on Bill 52 (Ord. 5592), filed by Senator Angus McKelvey as S.B. NO. 2971 on Friday, January 23, 2026. This is a meaningful, forward-looking step that builds on the incredible work of this Council, and recognizes municipal wastewater disinfection and expanded reuse water production as essential infrastructure for Hawai‘i’s future, not a secondary afterthought. It reflects long-term thinking, climate realism, and a commitment to using every drop wisely.
In that spirit, I’d like to offer this testimony as a gentle counterpoint to today’s discussion on Bill 1, suggesting that the WAI Committee could consider focusing its time instead on finishing the important work of protecting citizens and marine ecosystems alike from municipal effluent-borne pathogens.
While questions of land use and subdivision sequencing are important, they risk pulling focus away from the most immediate and solvable water issue before us: finishing the job on municipal wastewater disinfection.
In South Maui, that means getting the Kihei Wastewater Reclamation Facility fully across the finish line for 100% UV disinfection so that all effluent meets R-1 standards, all of the time, by passing a retroactive FY2026 budget amendment to fund CBS-5521, which DEM Staff reassured me in a UIPA response would solve remaining "pinch" points that prevent the agency from making full use of the new 7 MGD UV disinfection channel to achieve 100% R-1 / effluent disinfection at the facility.
This is not an abstract policy concern. It is a public and marine environmental health issue. Incomplete disinfection has real downstream consequences for nearshore water quality and for the people who live, work, and recreate here. Ensuring that every gallon leaving the facility is fully disinfected is one of the most direct actions the County can take to reduce illness risk and restore trust in our water systems.
The statewide R-1 mandate raises the bar for Maui, with a chance to show legislators how a community can unite and focus to solve municipal wastewater disinfection, to reassure state lawmakers that implementation of S.B 2971 is not only within reach, but is readily achievable. Now we have an opportunity to align our day-to-day legislative focus with that destination by prioritizing the infrastructure upgrades that make it real.
I present this testimony as a backdrop indicating what the WAI Committee could and arguably should be focusing on: realizing the vision of Bill 52 (Ord. 5592, 2024) over a decade earlier than required by law.
Thank you for the leadership you’ve shown in advancing reclaimed water and municipal effluent disinfection policy, and for continuing to keep public health at the center of these decisions.
With appreciation,
Travis Liggett, M.S.
travis.liggett@gmail.com
Supporting documents:
https://drive.google.com/file/d/1LZ4crubX407oTPKwGYr_VddGtomNL8eG
Statewide municipal wastewater disinfection (R-1) mandate S.B. 2971:
https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2971&year=2026
Aloha Councilmembers,
I strongly oppose Bill 1, which fundamentally weakens Maui’s “Show Me the Water” protections. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
The current reliance on engineering reports that verify long-term, reliable supply is a critical safeguard for making sure our island has the water it needs. There is NOTHING more important than adequate water, and removing this safeguard could be truly catastrophic.
I ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for doing the right thing.
Sara Patton
160 River Road
Wailuku, HI 96793
I urge you to safeguard water protections and vote no on Bill 1. I am a home owner in Wailea and have observed the increasing drought conditions in the area from a decrease in rainfall. I am very concerned about the proposed LEDCOR developments in the Wailea area in part because of water shortage. I am writing to oppose Bill 1 which weakens the water protections that we have.
It is the residents who are asked to ration water while hotels and luxury developments continue to use huge amounts of water. Keep our water safeguards as they are and if anything, strengthen them!
Development first then deal with where the water will come from later is not responsible planning in any way. Protect our water- it is vital.
Mahalo for the opportunity to testify,
Jeanne Schaaf
3150 Wailea Alanui Drive #2704, Kihei. 96753
jmbschaaf@gmail.com
No be STUPID. Allowing building to commence without the tried and true requirement of proving water viability for the future is irresponsible in the extreme. I encourage you to act on behalf of our 'aina and Maui citizens to keep the wisdom and caution instituted by your elders in place and make sure Maui remains sustainable, just and livable for all.
Aloha Committee members-
Please oppose Bill 1.
I am dumbfounded this is even being considered.
Each one of you know our lack of water in Maui County. Climate change has completely change our frequency, direction and quantity of rainfall.
I am on a water catchment system in formerly wet Haiku. I pay attention to rainfall. We experienced a four month dry spell this last fall with my neighbors and I having to purchase potable water. We are still struggling with supply. Even being winter!
Please do not weaken subdivision approval water requirements. While the bill claims to put risk on the developers, history shows that once built, the public bears the consequences through diverted water flow, degraded ecosystems and resorting to emergency decision making. West Maui being an unfortunate example.
The current trend of well digging also can not continue. Risking quantity of aquifer flow.
Please oppose this abhorrent effort to loosen water protections.
Many mahalos,
Cheryl Hendrickson
40 year kama'aina
Aloha Maui County Councilmembers,
I am writing to respectfully request that you consider opposing Bill 1, or at least deferring it until it is massaged into something that ensures that an accurate account of Maui’s water resources is taken first every time – before new development is considered and long before it could be permitted.
I oppose Bill 1 in its current version. It it’s not sensible to put Maui into more water debt. Everyone would have to hope that the water showed up somehow or could be diverted from somewhere that someone decides it isn’t needed and can be spared.
Simply put, Maui’s water is already needed where it is, both for the ecology and the economy, which by this time we’re all learning are the same things.
Thank you so much for putting Maui’s wai and lehulehu at the forefront of your minds as you make this decision.
I appreciate your time and all of your hard work!
Warm regards,
Amy Fonarow
Knowing that rainfall has been decreasing over the last decade and that we just came off mandatory water restrictions. This is not the time to weaken the requirement that developers show proof that there is enough long term water available for their project, not after the fact that there is not enough water for their developmen and it shouldn’t have been approved. If we allow over development without making sure the infrastructure keeps up with the growth every one suffers .
Here in Kihei where I live the Kamaole aquifer is dangerously low with saline intrusion. There are 7,000 new units being built without the infrastructure improvements in water , sewer, electricity and roads to keep up with current demand. We need climate resilience not over development. We should be implementing catchment basins in the upper terrain of our major gulches to catch, retain, slow the erosion and recharge the aquifers with a fund being contributed to by the developers. Mahalo for your time.
Eric Muller
Aloha Councilmembers,
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for the opportunity to testify
I am writing to oppose Bill 1. Bill 1 fundamentally weakens Maui’s “Show Me the Water” protections by requiring approval of subdivision construction plans even when long-term water availability has not been verified. The bill’s mandatory language removes meaningful discretion and invites speculative development in areas that may not have water at all.
While the bill claims developers proceed “at their own risk,” history shows that once infrastructure is built, the public bears the consequences, through diverted water, degraded ecosystems, and emergency decision-making. The current reliance on engineering reports verifying long-term, reliable supply is a critical safeguard. Bill 1 dismantles that safeguard.
Maui cannot afford to plan development first and ask where the water will come from later. I strongly oppose any loosening of the “Show Me the Water” ordinance and ask that you defer or decline to move forward with this effort to weaken water protections.
Mahalo for the opportunity to testify
Hawai'i means "air and fresh water are important". "Ha" means air and/or breath. "Wai" means fresh water. Finally 'i means important. Thus, air and fresh water are important.
Why? Because those two substances are needed to support the lives of the plants, animals and humans that live on these Hawaiian islands. The author(s) of this bill must lack the most basic knowledge of the essential resources necessary for human life. Without fresh water, Maui will no longer possess the natural resources necessary to sustain human life let alone being a wonderful paradise.
It is hard to imagine that a sane human being could be foolish enough to propose this bill. Given the strong indication that the author(s) of this bill have some sort of mental disorder, they ought to be banned from participating in Maui County's rule making process.
Aloha, I respectfully oppose this bill and remind us that development without consideration to our limited vital resources is irresponsible. As the stewards of this island, we must balance development and financial pursuits with consideration to long term sustainability, which is stability. Removing the requirement of water for development puts future residents at risk and also compromises our ability to manage our natural resources from a balanced perspective. This is a common sense step we must not remove from the process of approval for development. It’s our responsibility to make carefully considered decisions for our future generations.
Members of the Water and Infrastructure Committee, I submit this testimony in opposition to Bill 1 (2026) because it reflects a fundamental misunderstanding of the role of government in land-use and water planning and because it weakens long-standing protections that exist to serve the people of Maui, not private development sequencing preferences, speculative strategies, or hopeful assumptions about future water conditions. County policy should be guided by what is known, verified, and sustainable, not by what is merely planned, hoped for, or assumed to materialize later.
The County Council and its committees exist to serve the entire population of Maui, present and future. Their obligation is not to accelerate private development pipelines but to protect public trust resources, ensure orderly planning, and prevent foreseeable harm. Water is not an administrative checkbox. It is a finite public trust resource. Treating water availability as something that can be resolved later, after subdivision plans are reviewed, approved, and normalized within the system, places private convenience ahead of public responsibility. That is not sound governance.
Requiring verified, long-term water availability before subdivision advancement is not unnecessary red tape. It is deliberate risk management. It prevents speculative land use, protects limited water systems, avoids political pressure on water officials, ensures transparency and fairness, and prevents downstream conflicts. Bill 1 reverses that logic. It allows projects to advance materially without water certainty and assumes that any resulting risk can be isolated to the applicant. In reality, once approvals are issued, the risk is shared by the County, by surrounding communities, and by future decision-makers. That is not deregulation in the public interest; it is the deferral of risk.
This bill implicitly relies on a dangerous premise that water will be found later, that conditions will improve, or that future supply through rainfall, infrastructure, or policy accommodation will resolve uncertainty. Hope is not a water strategy. Maui’s history contains ample examples of development advancing ahead of infrastructure, with the public paying the price later through shortages, emergency measures, inequity, and conflict. Sequencing requirements exist to prevent precisely that outcome. Lowering standards in anticipation of future water availability is not proactive planning; it is speculation.
Allowing subdivision construction plans to proceed without verified water availability also undermines accountability rather than improving efficiency. County staff time is consumed reviewing projects that may never be viable. Perceived entitlement is created where none should exist. The County’s ability to deny projects later is weakened, and pressure on water officials increases to accommodate incomplete or marginal proposals. True efficiency comes from clarity and discipline at the front end, not from accelerating incomplete applications and attempting to resolve conflicts later.
At this point in Maui’s history, priorities should be clear. The County should be focused on finishing existing approved projects, rebuilding fire-impacted communities, restoring housing where it was lost, and protecting remaining water resources. This bill does none of those things. It is not limited to rebuilding areas, does not prioritize existing pipelines, and does not distinguish between small local projects and large speculative subdivisions. It simply makes it easier to start new subdivision processes without resolving the most critical constraint. That diverts limited capacity away from where it is most needed.
There has been no showing that the public interest is harmed by requiring water certainty before subdivision advancement, nor has there been a credible demonstration that existing water requirements are the cause of Maui’s housing challenges. What the public has consistently asked for is accountability, transparency, and restraint in land and water use decisions. Bill 1 moves in the opposite direction.
This Committee is not tasked with making development easier for its own sake. It is tasked with governing responsibly on behalf of Maui’s residents, its environment, and its future. Water-first planning exists because Maui cannot afford to gamble with its most essential resource. Lowering that standard in the hope that water will appear later is not leadership. It is abdication. For these reasons, I respectfully urge the Committee to defer or file Bill 1 (2026) and to reaffirm that Maui’s water policies exist to serve the public good, not speculative development, deregulation agendas, or assumptions about future rainfall.
Jon Leialoha, Wailuku Resident and Registered Voter