Controversial do-over fills special seat on state water commission
A former State Historic Preservation Division branch chief is filling a seat on Hawaii’s water commission reserved for a traditional Native Hawaiian water management expert after a controversial selection process.
Gov. Josh Green on Tuesday announced his appointment of V.R. Hinano Rodrigues to fill the special Commission on Water Resource Management seat that has been vacant since June 30.
Rodrigues until earlier this year led SHPD’s History and Culture Branch. He also is a taro farmer, and has a law degree from the University of California plus a bachelor’s degree in Hawaiian studies from the University of Hawaii.
According to Green, Rodrigues, who is Native Hawaiian, has more than two decades of dedicated service in cultural preservation and community engagement along with a wealth of knowledge relating to Hawaii’s unique environment and cultural heritage.
“His extensive years as a History and Culture Branch chief at (SHPD, which is part of the state Department of Land and Natural Resources) have equipped him with the insights and skills necessary to navigate the complex challenges facing our water resources today,” the governor’s announcement said about Rodrigues.
“A native of Olowalu on Maui, Rodrigues is well-respected for leading multidisciplinary teams and championing initiatives for the benefit of the state’s natural resources,” the announcement continued.
The seven-member commission attached to DLNR governs the state water code, which can include determining how the public-trust resource is divided by competing interests such as developers, industrial agriculture, small farmers and natural ecosystems.
One seat on the commission, sometimes referred to as the loea, or expert, seat, must be occupied by a person who has substantial experience or expertise in traditional Hawaiian water resource management techniques including riparian use.
Green picked Rodrigues from a list of three recommended candidates produced by a committee assembled by Green and two state lawmakers after a previous committee formed in late 2023 interviewed 13 applicants in January and February then sent four recommendations to Green.
The governor said the initial list became insufficient after two candidates withdrew. Under state law the committee must give the governor a list with at least three candidates. Green asked for a new list because he contended that the law requires him to have at least three choices from the list.
The new committee, which has two members picked by the governor and one each by the leader of the Senate and House of Representatives, interviewed applicants Oct. 21 and 22.
Local environmental activist Marti Townsend told the new committee at its Oct. 21 meeting that it had no basis in law, and said one candidate from the prior list, coffee farmer and former Maui sugar plantation executive James “Kimo” Falconer, was now a committee member.
“I don’t understand how this can be OK,” she said. “It feels, it looks, it smells like a sham.”
Applicants had the option for their interviews to be done in public or private. Six candidates opted for the public interview. Rodrigues was one of at least three candidates who had their interviews during a private executive session of the committee led by Tim Johns, a former water commission chair.
In a letter applying to be on the commission, Rodrigues said several qualities, including a passion for empowering Hawaiian communities and upholding cultural values, will serve him if appointed.
“Over the years, I have gained a reputation for being a down-to-earth and hands-on leader and problem solver,” he wrote. “Making difficult decisions in inherently adversarial and sometimes seemingly hostile situations has been the norm for me for the last two decades.”
Green described all three of his new choices as incredible people with unique qualifications and deep commitments to serving local communities, but said Rodrigues stood out for extensive experience and understanding of Hawaii’s cultural and environmental landscape.
“This role is essential for ensuring the sustainable management of our most precious resource — water — and requires a leader who can honor the balance between housing needs and cultural preservation,” Green said. “I am confident that Hinano’s knowledge, dedication and passion for safeguarding Hawaii’s heritage will serve the people of our islands well in this vital role.”
About 70 Hawaii environmental and Hawaiian cultural organizations raised public concerns over Green’s candidate list do-over in a Sept. 30 letter to the governor.
Earthjustice and The Sierra Club of Hawaii, two of the organizations, urged the governor to immediately fill the vacancy from two remaining candidates on the prior list.
“The law does not authorize the Governor to ignore a properly promulgated list and just convene a new nominating committee,” Leina‘ala Ley, an attorney with Earthjustice, said in an earlier statement. “There are two highly qualified candidates on the existing list, he must choose one of them.”
Rodrigues is able to immediately begin serving on the commission, though his appointment to a term ending June 30, 2028, is subject to Senate confirmation.
Work by the commission has come under extra public scrutiny since the Aug. 8, 2023, Lahaina wildfire.
After the fire, which killed 102 people and destroyed most of the historic West Maui town, a West Maui Land Co. executive complained to Green in a letter that the commission’s administrator at the time, Kaleo Manuel, delayed by about five hours a request on the day of the fire to fill company reservoirs with stream water in a move that could affect a downstream taro farmer.
The state Attorney General’s Office began investigating, and on Aug. 15, 2023, requested that Manuel be reassigned from the commission to another DLNR division pending the investigation. Manuel was reassigned a day later.
Supporters of Manuel contended that he was unfairly being blamed for doing his job to protect stream water users and that reservoir water was of no use for firefighting during the disaster because gale-force winds that drove flames across Lahaina prevented helicopter air drops.
On Oct. 9, Manuel was reinstated after the Attorney General’s Office’s review, which did not include findings disclosed to the public because a personnel matter was involved. Manuel left the job in January.
Dean Uyeno, the commission’s hydrologic program manager for the stream protection and management branch, then stepped in as acting administrator.
In August, Green appointed Ciara Kahahane, a state attorney working on complex litigation who also is a graduate of Kamehameha Schools Maui, as the commission’s administrator.
