Opinion
25831
October 15, 2003.
D. Kapua'ala Sproat of Earthjustice for petitioners on the petition Yvonne Izu, deputy attorney general for respondents in opposition.
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, JJ., and CIRCUIT JUDGE KOCHI, ASSIGNED BY REASON OF VACANCY.
WRIT OF MANDAMUS TO THE COMMISSION ON WATER RESOURCE MANAGEMENT
Upon consideration of Petitioner Maui Meadows Homeowners Association's petition for a writ of mandamus directed to the Commission on Water Resource Management, the papers in support and opposition, and the records and files herein, it appears that: (1) Petitioner asks this court to issue a writ of mandamus directing the State Commission on Water Resource Management to designate the Iao Aquifer and Waihee Aquifer in Maui County as water management areas; (2) pursuant to HRS § 602-5(4), this court, in its discretion, can issue a writ of mandamus to compel public officers to fulfill the duties of their offices; (3) mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available. Barnett v. Broderick, 84 Haw. 109, 111, 929 P.2d 1359, 1361 (1996) (citing Azurin v. Von Raab, 803 F.2d 993 (9th Cir. 1986), cert. denied, 483 U.S. 1021 (1987)); and (4) Petitioner fails to demonstrate that it is entitled to a writ of mandamus. Therefore
IT IS HEREBY ORDERED that the petition for a writ of mandamus to the State Commission on Water Resource Management is denied.