Water official quits
in protest

The administrator of the state
water panel leaves after opposing
a bill that might kill it

The top administrator of the state Water Commission quit Wednesday after refusing to support legislation she believes would kill the agency that environmentalists see as a guardian against overdevelopment.

"I didn't feel it was fair to ask Water Commission staff to prepare testimony that would dismantle the agency that they work for," said Yvonne Izu, former deputy director of water resource management for the Department of Land and Natural Resources.

Izu said yesterday that she resigned after being asked to write testimony in support of Senate Bill 503, which "amends the Constitution to specify that the counties have the responsibility of setting overall water conservation, quality and user policies (and) abolishes the statewide Water Commission," according to a description by its sponsors, the Senate Minority Caucus.

The seven-member Water Commission, supported by a DLNR staff of 22, is trustee of Hawaii's ground- and surface-water resources, excluding ocean waters. It sets policies and establish priorities for water use statewide.

In her position, Izu oversaw the commission staff and its $1.9 million annual budget.

SB 503 has not been scheduled for a committee hearing and might never be because of Democratic majority opposition to it, said primary sponsor Sen. Fred Hemmings (R, Kailua).

But Izu's stand against it has drawn the attention of environmental groups that view the Water Commission as a guardian of public water resources and any attack on it as a Trojan horse for rampant development.

"It's been no secret that the Lingle administration has sought to dismantle the Water Commission since she first ran for office," said Jeff Mikulina, director of the state Sierra Club chapter.

If duties of the Water Commission were shifted to the counties as proposed by the bill, a layer of protection would be removed, Mikulina said.

For example, when Maui County officials granted developers ground-water access beyond the projected yield of that island's Iao Aquifer, it was the Water Commission that stepped in to provide oversight, Mikulina said.

DLNR Director Peter Young said he believes Izu misunderstood the bill, which he said yesterday would keep a state Water Commission while shifting many of its key duties to the counties. As DLNR director, Young is chairman of the Water Commission.

Lingle spokesman Russell Pang also denied yesterday that the bill would abolish the Water Commission.

But Hemmings asserted that the bill would kill the Water Commission. He called the bill a "home rule" issue that would allow each county government to make its own water decisions without state interference.

"If the people of Maui feel their water is not being managed properly, they could deal with it at the Maui level," he said.

Donna Wong, executive director of Hawaii's Thousand Friends, called any proposal to reduce Water Commission powers "an unraveling."

"There is a separation of county and state responsibilities for good reason," Wong said. "The state has public-trust responsibilities through the Constitution, to protect agriculture lands, the environment and water."

Kapua Sproat, an Earthjustice attorney who has appeared before the Water Commission, said that despite Izu's prior work for developers, she was a "straight-shooter" on the commission.

Izu said yesterday that she had told Young several weeks ago she would be leaving her job but was willing to complete the legislative session since the DLNR has a vacancy in its other deputy director position. Izu said her professional relationship with Young had deteriorated since she took the job last May.

When Young insisted that Izu support SB 503, she quit immediately, Izu said.

"Yvonne Izu showed integrity and support and understanding of the Water Code, and she showed real courage in coming out publicly and not saying the usual, 'Oh, I left for personal reasons,'" Wong said.

"I think her resigning will draw attention not only to the importance of the Water Commission, but to what is happening to the department at large," Wong said.

House Water, Land and Ocean Resources Committee Vice Chairman Rep. Brian Schatz (D, Makiki) said yesterday that he believes there is a pattern of mismanagement at DLNR, and he plans to call for public hearings and a state performance audit.

Water Commission
facts and figures

A look at former state water official Yvonne Izu and the state Commission on Water Resource Management:

Yvonne Y. Izu

» Resigned as the deputy director of water resource management for the Department of Land and Natural Resources.

» Her primary duty was administering the state water code under the direction of the state Water Commission.

» Her background includes a stint as a deputy state attorney general and as a private attorney specializing in land use, water and natural resources law. She was an attorney for developers in three of the state's most significant water-use lawsuits: Waiahole Ditch, Molokai Ranch and Haseko (Ewa) Inc.'s Ocean Pointe project.

State Water Commission

» The state Commission on Water Resource Management is trustee of Hawaii's ground- and surface-water resources, excluding ocean waters.

» It sets policies, protects resources, defines uses and establishes priorities for water use statewide. Its duties also include coordinating protection of native Hawaiian water rights.

» It has a budget of $1.9 million and a staff of 22.

» Five of its seven members are appointed by the governor. The head of the state departments of Land and Natural Resources and Health are automatically on the commission, with the DLNR director serving as chairman.