As more than 1,000 kanaka maoli gathered at the 2024 Native Hawaiian Convention, Gov. Josh Green pledged that going forward, his work “will be an attempt to honor and respect the Hawaiian culture.” While we applaud this stated commitment to Hawaii’s people and aina, as future attorneys learning the power of the law, we share a deep concern that his actions show otherwise.

Recently, more than 70 local and national organizations delivered a letter to Gov. Green asking him to delay no further in appointing an expert, or loea, in traditional Hawaiian water resource management, to the state Commission on Water Resource Management. The governor’s failure to take action to properly appoint one of the vetted candidates — despite many reminders — is allowing politics to have an undue influence over decisions about how to best steward our freshwater resources, and calls into question his promise to honor and protect the rights of Native Hawaiians that are enshrined in Hawaii’s Constitution.

The Water Commission was established in 1987 to fulfill the state’s obligation to “prevent any further harm” to Hawaii’s water resources by protecting the use of water for the benefit of its people. The State Water Code prescribes the process to appoint members to this crucial body:

>> Five commissioners “shall be appointed by the governor.” Of the five, at least one is required to have “expertise in traditional Hawaiian water resource management techniques.”

>> “The governor shall select from a list submitted by a nominating committee.” The committee of four people — two chosen by the governor, one each chosen by the Senate president and the speaker of the House — is required to evaluate applications and “send to the governor the names of at least three individuals for each open position.” In doing this, the Water Code delineates distinct kuleana: the governor, on one hand, must “select from a list submitted” by the nominating committee, while the committee, on the other, must “send” the governor a list of “at least three individuals.”

The selection process for this vacancy began nearly a year ago in November 2023. After reviewing applications, the nominating committee fulfilled its mandate and sent the governor a list of four qualified individuals on Feb. 23. Since then, two applicants withdrew their names from consideration during the nine months of waiting on a decision from Green. Instead of recognizing his mistake and quickly naming a nominee from the two remaining candidates, the governor is attempting to redo the entire process.

While Green insists this is just “due process” and there is no foul play in his decision to start over from scratch, his delay is actively undermining the Water Commission’s ability to make well-informed decisions on our water future because the legally required loea seat remains vacant. To fulfill the process under statute, all that remains is for the governor to select from the vetted list. He does not need a perpetual list of names collecting dust on his desk.

This misinterpretation of law creates dangerous precedent that disrupts democracy and violates the doctrine of separation of powers. Stalling tactics like this should not be tolerated because they allow political abuse to potentially disable agencies and manipulate their decisions. There is no place for political games when the future of our wai is at stake.

In light of devastating tragedies such as the Maui fires and Red Hill contamination, we call on Gov. Green to uphold his duty under the law and honor his commitments to Native Hawaiians by appointing a loea to the water commission today.

Andrea C. Leialoha Swain and B. Oriana McCallum are alakaʻi of ʻAhahui o Hawaiʻi, a hui of law student advocates for Native Hawaiian rights.