The state Commission on Water Resource Management is being accused of violating the Sunshine Law during site visits to the Big Island in September and October.
The state Commission on Water Resource Management is being accused of violating the Sunshine Law during site visits to the Big Island in September and October.
The Hawaii Leeward Planning Conference filed the complaint with the state Office of Information Practices late last month, saying the commission’s investigative meetings to county wells and national park sites should have been public. In its complaint, HLPC questions whether such investigatory functions are exempt from Sunshine Law requirements.
“As the September 17 and October 9 site visits were to inform CWRM as it deliberates on the NPS Petition, these site visits were clearly ‘meetings’ under HRS 92-3,” the complaint states. “The meeting notice provided by CWRM indicated that these were not public meetings, which created confusion as to what rights the public were entitled to and what CWRM’s obligations and limitations were under the Sunshine Law. Moreover, there were several violations of the open meeting requirements during these site visits.”
CWRM has until Nov. 10 to respond the the complaint and turn over the minutes and other documents related to the visits.
“The main issue appears to be whether the board performed quasi-judicial functions during the visits,” OIP staff attorney Jennifer Brooks said. “We haven’t heard from them yet, but we do know that the board’s position has been that these were quasi-judicial.”
State Department of Land and Natural Resources spokeswoman Deborah Ward said the department is preparing a response that will be available next week.
On Dec. 10, the water commission is slated to make a decision on whether to move ahead with a petition by the National Park Service to designate the Keauhou aquifer a state water management area. The designation would add a layer of state control to water now overseen by the Hawaii County Department of Water Supply.
Hawaii County, meanwhile, has joined the HLPC in asking DLNR Chairman William Aila for an additional investigatory meeting as the Dec. 10 decision date looms. In a letter to Aila, HLPC complains that opponents of the designation were given only 45 minutes to make their case during the Oct. 9 meeting, and not all speakers had a chance to weigh in.
“In contrast, the National Park Service has afforded several opportunities to present information without constraint,” HLPC President Jacqui Hoover wrote to Aila on Oct. 21.
In an Oct. 27 letter to Aila, Hawaii County Managing Director Wally Lau echoed the complaint.
“The National Park Service was given several opportunities to provide statements during their site visits on Sept. 17, then allotted three hours at the CWRM meeting in the afternoon,” Lau wrote. “At the most recent site visit and Oct. 9 meeting, the county was given only 45 minutes to provide statements. With limited time, presenters were rushed.”
Ward said that additional time will be made for more testimony after the water commission’s Nov. 19 meeting on Oahu.
“Both the county and Department of Water Supply have been asked to present additional information,” Ward said in an email.
The board will also take testimony on Dec. 10 before its decision.
Numerous lawmakers have urged NPS to back off of its request. The business community, county officials and other groups have also heavily opposed the designation, worrying that the additional layer of bureaucracy will cripple North Kona projects and make water supplies for future development uncertain. The National Park Service maintains the aquifer must be safeguarded against potential abuses by development. Additionally, fresh water flowing from the aquifer feed habitat for endangered species and should be protected, according to NPS.
The Keauhou aquifer serves an area from Makalawena to Kealakekua and mauka to Hualalai.