Bill > HB2434

This bill establishes a framework to prioritize counties and their subdivisions in obtaining intergovernmental agreements for the disposition of water resources for public purposes, meaning counties get the first opportunity to secure water rights before others. It defines "county" as the four counties in Hawaii, and "subdivision" as any county agency managing water. The bill also introduces criteria for issuing state water licenses, particularly for applicants that are not counties or subdivisions, requiring them to demonstrate transparency, long-term stewardship, protection of public trust uses (which include Native Hawaiian traditional and customary practices, maintaining waters in their natural state, domestic use, and the needs of the Hawaiian homes commission), and meaningful community participation and government oversight. Non-county applicants will face a "rebuttable presumption" that their proposed use is inconsistent with the public trust if their ownership or management structures obscure decision-making, prioritize short-term gains, limit reinvestment, or lack transparency. Such applicants must meet strict criteria to overcome this presumption and prove the use is in the best interest of the State, with water licenses for them limited to five-year terms, renewable once, and the county retaining a right of first refusal upon expiration.

Agriculture and Natural Resources

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=2434&year=2026