Gov. Josh Green insists that he is following Hawaii law for filling a vacant special seat on the state water commission amid criticism of his procedure to do so.

A response from Green to concerns raised by about 70 Hawaii environmental and Native Hawaiian cultural organizations over the lack of a key appointment to the Commission on Water Resource Management was received by the Honolulu Star-Advertiser Wednesday following a Tuesday story about the criticism.

Green, in a statement, said he needs a minimum of three applicants from which to choose a new commission member, who in this instance must have substantial experience or expertise in traditional Hawaiian water resource management techniques including riparian use.

This seat on the seven-­member commission, sometimes referred to as the loea, or expert, seat, was vacated June 30 by Neil Hannahs after his completion of a second four-year term.

A selection committee that Green helped form late last year, in anticipation of the then-impending departure by Hannahs, interviewed 13 applicants in January and February, then selected four applicants in February for Green to consider appointing to the commission.

At some point since then, two applicants withdrew. So Green said he can’t select one of the two remaining candidates because he needs at least three to pick from.

“I am keenly aware of the heightened importance of filling the CWRM loea vacancy,” Green said. “We are following due process of law after applicants withdrew their names from consideration in the previous application period, leaving a number of applicants for consideration that did not meet legal requirements.”

The commission 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. Since July, the body has been working without its loea member.

Among the organizations that raised concerns over Green’s procedure to fill the loea seat, some including the Sierra Club of Hawaii and Earthjustice, claim that the governor can and should select one of the two remaining applicants, Hannah Kihalani Springer or Lori Buchanan.

Leina‘ala Ley, an attorney with Earthjustice, said state law requires the nominating committee to present the governor with a list of at least three names but doesn’t authorize the governor to have a nominating committee repeat the procedure to fill the same vacancy.

“Certainly this Governor’s failure to name a nominee in a timely fashion is no excuse to make an unprecedented move like this, which would create a huge opportunity for abuse and manipulation,” Ley said in a statement. “The nomination process was designed to ensure a candidate is appointed based on their qualifications, not their political ties.”

A public notice was published Aug. 22 to seek new applicants for the loea seat vacancy.

The deadline to submit an online application, or for a postmark on a mailed application, is Oct. 11.

To apply online, visit boards.hawaii.gov/apply/apply-for-a-board. The water commission is attached to the state Department of Land and Natural Resources.

Applications also can be mailed to the nominating committee of the commission at 1151 Punchbowl St., Room 227, Honolulu, HI 96813.

Green anticipates that he will receive new nominees by the end of this month. An appointment the governor makes is subject to state Senate confirmation but can begin serving on an interim basis immediately.