MauiLifeStyleBlog

http://www.mauinews.com/story.aspx?id=31928

The Maui News   Tuesday, July 03, 2007 

Planning development? Bill: Show me the water

By CLAUDINE SAN NICOLAS, Staff Writer

WAILUKU - A proposal to prohibit future developments without a long-term, reliable source of water received renewed support Monday from residents and representatives of groups such as Earthjustice and the Office of Hawaiian Affairs.

The County Council's Water Resources Committee deferred action on the proposal, which Chairwoman Michelle Anderson recommended should be fine-tuned.

Under the measure, land-use approvals would not be granted to developments unless there's a guaranteed supply of water for more than 20 years.

Former Council Member Dain Kane proposed a similar measure two years ago, saying it would make land-use planning come before development.

Real estate developers criticized the bill, saying it was unnecessary because they would not build without a source of water.

The measure was not acted on before Kane gave up his council seat and lost a bid for mayor in 2006.

The current version of the bill says an applicant for a land-use approval must identify a long-term supply of water that must be supported with substantial evidence, including a water quality assessment verified by the county water director.

"It seems to me no developer would want to develop a project without a long-term source of water," said John Duey, a resident who testified in favor of the bill.

Earthjustice attorney Isaac Moriwake said the proposal follows the model in California, where it's called the "Show Me the Water" law.

Predictions that the law would stop development were wrong, he said. "It hasn't brought development to a grinding halt."

Instead, the bill integrates water resources in the planning of development - something that is lacking and needed in Maui County and the rest of the state, according to Moriwake.

Both Moriwake and Lucienne de Naie of Maui Tomorrow said the bill's benefits include protecting the county from losing its water resources after approving real estate developments. It also assures developers they'll have water when their projects go forward, they argued.

De Naie commended council members for being "progressive" by "looking at water as a whole."

The measure also would make Maui County accountable by not allowing officials to promise water they can't deliver, she said. Californians familiar with the state's "Show Me the Water" law reported "hidden benefits" of the law, including the encouragement of developers to incorporate water conservation in their plans.

The only concern raised Monday about the bill was about exemptions to the water availability policy and whether small businesses and others would be blocked from developing their properties.

The proposal currently exempts family

subdivisions, affordable housing projects, and building, grading or construction permits.

Claudine San Nicolas can be reached at claudine@mauinews.com.