COMMENTARY
A Public Trust
By Peter Young
First in a series on the critical issues of water in Hawai'i.
For centuries, Hawaiians recognized the life-giving qualities and significance and value of water to their survival. Water is life; water is wealth.
Lately, too many have taken too much for granted about water in Hawai'i. On islands with limited supplies of water, we need to better understand the importance of water in our lives.
With greater understanding, we may then give greater respect (and attention and care) to water and recognize its critical link to our quality of life and ultimate existence.
Ground and surface water resources are held in public trust for the benefit of the residents of the state. The people of Hawai'i are beneficiaries and have a right to have water protected for their use and benefit.
The state Supreme Court identified three public trust purposes: Maintenance of water resources in their natural state; domestic water use of the general public, particularly drinking water; and exercise of Native Hawaiian traditional and customary rights.
The object of the public trust doctrine is not to maximize consumptive use, but, rather, to achieve the most equitable reasonable and beneficial allocation of state water resources, with full recognition that resource protection also constitutes a "use."
"Reasonable and beneficial use" means the use of water for a purpose and in a manner that is both reasonable and consistent with the state and county land-use plans and the public interest. This includes: domestic uses, aquacultural uses, irrigation and other agricultural uses, power development and commercial and industrial uses.
The Water Commission is also responsible for addressing complex surface water issues, which include protection of traditional and cultural Native Hawaiian practices, protection of fish and wildlife, maintenance of ecological balance and scenic beauty, and preservation and enhancement for municipal uses, public recreation, public water supply, agriculture and navigation. The commission also must consider the present or potential uses of water from streams for non-instream purposes.
Roughly 97 percent of our drinking water statewide comes from ground water resources. We know that this percentage may change to include more surface water, as counties make use of surface water ditches formerly run by sugar companies, most of whose fields have since been taken out of cultivation.
O'ahu, as an example, with an estimated groundwater sustainable yield of 446 million gallons a day, currently uses about 188 mgd from our ground water resources. Recent municipal water demand estimates for the year 2030 put O'ahu's demand at 206 mgd.
Virtually all of our fresh water comes through our forests.
Forests absorb the mist, fog and rain, then release the water into aquifers (groundwater) and streams (surface water). Healthy forests protect against erosion and sediment run-off into our streams and ocean.
A healthy forest is critically important to everyone in Hawai'i.
We are fortunate that 100 years ago, forward thinkers established Hawai'i's forest reserve system and set aside forested lands and protected our forested watersheds — thereby protecting the means to recharge our groundwater resources.
Interestingly, it was the sugar growers, significant users of Hawai'i's water resources, who led the forest reserve protection movement.
Today, we have expanded on that good work by forming Watershed Partnerships, protecting more than 1 million acres (one-fourth of Hawai'i's total land area) of Hawai'i's mauka forest resources.
DLNR provided the initiative and principal support for these partnerships and is the leader and an active participant in these voluntary alliances of public and private landowners committed to protecting forested watersheds for water recharge, forest preservation, and habitat and species protection.
DLNR recently requested and received legislative approval for $4.7 million in added spending to protect our mauka watershed resources.
Threats to the forests, and ultimately to our freshwater resources, are real and diverse — whether it is miconia (a tree that prevents rainwater from soaking into the watershed resulting in run-off and erosion), ungulates (such as pigs and goats that disturb the forest floor and uproot shrubs and ferns) or the many other invasive plants and animals that negatively affect the native forest resources.
DLNR stands fast in protecting the resources, and fighting invasive species is our No. 1 priority because it is the single-most effective way to protect Hawai'i's natural resources.
The Legislature again approved DLNR's multiyear, $4-million-per-year initiative and even added another $2 million for airport and harbor cargo and baggage inspections.
While addressing invasive species and other threats to the forest resources, DLNR and the Water Commission face other challenges and changing circumstances in water resource protection, allocation and use.
In addition to added management directives from the Supreme Court, there are major changes within the agricultural industry and its impact on water management plans. There is expanded need to look to other water alternatives/sources (including reuse of wastewater, domestic use of surface water, and dealing with droughts and floodwaters).
In 2004, only 24 mgd out of 150 mgd (approximately 16 percent) of treated wastewater was put to reuse. Recycled wastewater can and should be utilized as an alternate source of non-potable water to meet future non-potable needs.
The Hawai'i Water Plan (that includes the Water Resource Protection Plan, Water Quality Plan, State Water Projects Plan, Agricultural Water Use and Development Plan and Water Use and Development Plans for each county) is critical for the effective and coordinated protection, conservation, development and management of the state's water resources.
All counties are now working on their respective Water Use and Development plans.
DLNR recently requested and received legislative approval for $650,000 in funding to work toward fulfillment of the state's obligation to establish instream flow standards for Hawai'i's streams. Of the 376 perennial streams statewide, DLNR will evaluate the 1,260 stream diversions and perform field verification of the diversions, assess stream characteristics and help determine instream flow standards.
We are also partnering with federal agencies in looking at water source alternatives such as stormwater reclamation, drought mitigation, water conservation and other water management/use alternatives.
DLNR and the Water Commission cannot accomplish all of our directives and responsibilities alone. We rely and depend on the vigilant involvement by the public. This includes reasonable and responsible use of water, as well as assistance in identifying and reporting inappropriate use by others.
We are reminded of the importance of respect and responsibility we each share for the environment and our natural and cultural resources — including our responsibility to protect and properly use and manage our water resources.
Peter Young is director of the state Department of Land and Natural Resources. He wrote this article for The Advertiser.