Public hearings set for Na Wai Eha water withdrawal applications

Published on November 30, 2010 in General Ag News and Notes and Water.

PAIA – The state Commission on Water Resource Management will hold two days of hearings starting Wednesday on competing applications for withdrawal of water from Na Wai Eha, the surface water collection system that serves Central and South Maui.

During earlier proceedings, the commission received applications from existing users to continue withdrawing water pending a final commission decision on allocating the water resource. Most of the applications have been challenged because there likely will be less water allocated by the commission than the total of present withdrawals, even before applications for new uses are considered.

Starting at 9 a.m. Wednesday at the Paia Community Center, the commission will hear testimony from users to justify the reasonable and beneficial uses they intend for water.

The commission staff will present a new map, which graphically represents the users’ locations and the ditches and gates where they seek to draw off the water. Commission staff member Roy Hardy said the map should help sort out exactly which applications are in conflict.

Two commissioners, Neal Fujiwara and Sumner Erdman, will conduct the hearings. Continue reading ‘Public hearings set for Na Wai Eha water withdrawal applications’

Na Wai Eha: Streams flow again — along with controversy and conflict

Published on August 10, 2010 in General Ag News and Notes and Water.

WAIHEE – At its mouth, the Waihee River was only around a foot deep Monday afternoon – but that was good news to Scott Fisher of the Maui Coastal Land Trust.

Fisher was monitoring conditions in the first hours after Wailuku Water Co. restored water to the river, carrying out the terms of an order by the state Commission on Water Resource Management in June that the company return 12.5 million gallons per day to two of the four streams that make up Na Wai Eha.

Fisher said the water in the river was at about the same level it would typically be during the rainy season, and it was noticeably colder than it would normally be on a mid-August day. The water restoration would almost certainly mean healthier plants and animals in Waihee River, he said.

Wailuku Water Co., which diverts the stream for users including Hawaiian Commercial & Sugar Co., had opened some of its diversion gates at Waiehu Stream on Monday as well.

Commission member Dr. Lawrence Miike, who oversaw the contested case hearing, originally recommended that half of Na Wai Eha’s water be returned to all four streams. But the other commissioners did not agree and no water was returned to the Iao and Waikapu streams below their diversion points, while less water than he recommended was returned to Waihee and Waiehu streams. Continue reading ‘Na Wai Eha: Streams flow again — along with controversy and conflict’

Two companies to release Maui stream water as ordered by the state

Published on August 3, 2010 in General Ag News and Notes, Sugar Cane and Water.

The state says Wailuku Water Co. and Hawaiian Commercial & Sugar Co. will begin releasing water to Waihee River and North and South Waiehu Streams in central Maui next week.

The state Department of Land and Natural Resources says the companies next Monday will act to comply with a state water commission order issued in June.

But the move is unlikely to satisfy two Maui groups who want the companies to return more water than the commission ordered.

Hui o Na Wai Eha and Maui Tomorrow appealed the water commission’s ruling in state court last month.

They say they’re being deprived of the water they need to grow taro and restore natural habitat.

Two companies to release Maui stream water as ordered by the state – Hawaii News – Staradvertiser.com

Maui County settles lawsuit over stream water treatment plant

Published on July 20, 2010 in General Ag News and Notes and Water.

Maui County today announced a settlement today of a dispute over an environmental impact statement for a proposed stream water treatment plant.

Mayor Charmaine Tavares said the county will “revisit” the study.

Maui Tomorrow and Hui o Na Wai `Eha filed a lawsuit in Maui Circuit Court on June 21, challenging the adequacy of the Waiale Treatment Facility’s study.

The two groups also appealed a decision by the state Commission on Water Resource Management to restore only about one-fifth of the total flow from four streams.

A decision on the appeal is expected to take years and could affect plans for the Waiale plant, so the county has decided to take another look at the proposed project, county officials said.

Hui o Na Wai `Eha President John Duey said his group was glad the county agreed to carefully examine the costs and benefits of the treatment facility.

A&B Properties Inc., which developed the study, said the firm will continue to support the county’s effort to find water for residents.

Maui County settles lawsuit over stream water treatment plant – Hawaii News – Staradvertiser.com

Thielen: Need to be efficient in finding new water sources – The Maui News

Published on June 13, 2010 in General Ag News and Notes, Sugar Cane and Water.

State Commission on Water Resource Management Director Laura Thielen defended last week’s decision by the water panel to order 12.5 million gallons of water per day – now diverted by ditches for sugar cane irrigation and other uses – back into West Maui Mountain streams.

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She said the commission established groundbreaking requirements for water conservation and called for the development of alternative water sources to streams for users.

"It was a very hard decision to make," said Thielen, who heads the state Department of Land and Natural Resources. "It’s not like it was a mathematical equation where there is one right answer. It was somewhat subjective. Maybe no one is 100 percent happy with the decisions, but to me, the important thing is we made the tough decisions."

The commission’s order Thursday to restore 12.5 million gallons to the streams – which will likely be appealed to Hawaii courts – amounted to about a third of the amount proposed by contested hearing officer and commissioner Dr. Lawrence Miike. The environmental and Native Hawaiian groups that had been hoping for more water to be restored called the decision a miscarriage of justice.

[callout]"The fact is we don’t have enough water, and there needs to be better investment in making systems more efficient and finding new water sources," Thielen said.[/callout] "I just felt it was important to make the hard decisions."

The majority members of the commission are forcing people to address the limits on Maui’s water resources, she said, adding that she hopes the panel’s action will inspire more responsible water resource management at the local level. It is time to move on to the tougher, more expensive water sources, such as digging wells and repairing leaks, she said.

Continue reading ‘Thielen: Need to be efficient in finding new water sources – The Maui News’

Na Wai Eha: Decision in but dispute lingers (2 of 2) – The Maui News

Published on June 13, 2010 in General Ag News and Notes, Sugar Cane and Water.

WAIKAPU -Taro farmers and environmentalists said Friday that they would appeal a decision by the state Commission on Water Resource Management that ordered just a fraction of the water they hoped to see restored to the Na Wai Eha streams.

Earthjustice attorney Isaac Moriwake, who represented the groups that petitioned for greater stream flow, said legal precedent, the state water code and the Hawaii Constitution were on their side. He said he hoped the 6-year-old case would be resolved in their favor within another two to three years.

"The bottom line is we waited six years to get to this point, and I guarantee it will not take that long to get this resolved in the court system," Moriwake said. "If the law means anything, the court will find that the commission did not follow its public trust responsibilities in this case."

The water commission on Thursday ordered that a minimum of 12.5 million gallons of water per day be allowed to flow in Na Wai Eha streams, about a third of the amount that had been proposed. The decision restored water to only two of the four streams – 10 mgd to the Waihee River, and 2.5 mgd for the Waiehu Stream. Diversions at the remaining Iao and Waikapu streams would remain at existing levels.

Continue reading ‘Na Wai Eha: Decision in but dispute lingers (2 of 2) – The Maui News’

Na Wai Eha: Decision in but dispute lingers (1 of 2) – The Maui News

Published on June 13, 2010 in General Ag News and Notes, Sugar Cane and Water.

PUUNENE – Hawaiian Commercial & Sugar Co. General Manager Chris Benjamin characterized last week’s long-awaited state decision on Na Wai Eha stream waters as a reprieve, rather than a victory, for the plantation struggling for survival.
On Thursday, the state Commission on Water Resource Management ordered 12.5 million gallons of water per day to no longer be diverted from West Maui Mountain streams, also called Na Wai Eha, or the "Four Great Streams."

That amount to be returned was only about a third of what had been proposed by Dr. Lawrence Miike, a commissioner and the contested hearings officer for the ongoing water dispute.

"I would say that the commission’s decision is nuanced," Benjamin said. "I would not use the word ‘victory.’ The reality is we still lost a significant amount of water for a plantation that lost $45 million over the last couple years because of low crop yields (due to drought conditions).

"It’s a setback in that respect, but relative to the initial recommendation, it’s a dramatic improvement," Benjamin said. "In the long term, at least this gives us hope when we’re just trying to stay in business."

Continue reading ‘Na Wai Eha: Decision in but dispute lingers (1 of 2) – The Maui News’

Attorney: Water commission ‘wilted’ – The Maui News

Published on June 11, 2010 in General Ag News and Notes and Water.

Panel: Decision strikes a balance between values, responsibilities

By ILIMA LOOMIS, Staff Writer
The state Commission on Water Resource Management on Thursday ordered 12.5 million gallons of water per day be allowed to flow in the Na Wai Eha streams in the West Maui Mountains, about one-third of the amount that had been proposed.

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The commission majority said the decision represented a balance between the values and responsibilities the law required them to consider. Chairwoman Laura Thielen said in a statement that even if 100 percent of the water were diverted, it would still not be enough to meet demands.

But contested hearings officer Lawrence Miike, also a commission member, issued a scathing dissenting opinion that accused the water panel’s majority of protecting the interests of private corporations over the public streams.

"By its decision, the majority has failed in its duties under the constitution and the state water code as trustee of the state’s public water resource," Miike wrote.

Continue reading ‘Attorney: Water commission ‘wilted’ – The Maui News’

Na Wai Eha decision released by state water panel – The Maui News

Published on June 10, 2010 in General Ag News and Notes and Water.

The state Commission on Water Resource Management has ordered 12.5 million gallons of water per day be restored to the Na Wai Eha streams, about one-third of the water that was being considered for restoration a year ago.

The decision released on Thursday addresses a years-long effort by environmental and Native Hawaiian groups to force former sugar plantations and the County of Maui to put back some of the water being diverted from four streams that run out of the West Maui Mountains to Central Maui.
Under the order:

Waihee stream would be restored to 10 million gallons per day.

North Waiehu stream would get 1.6 mgd.

South Waiehu stream would get 0.9 mgd.

Iao and Waikapu streams would remain at current levels.

Approximately 60 million to 70 million gallons per day are diverted from Na Wai Eha, or the four waters of the West Maui Mountains. In April 2009, Water commission hearings officer Dr. Lawrence Miike issued a "proposed decision" to restore 34.5 million gallons to the streams.

Throughout the dispute, environmentalists and Native Hawaiian groups have argued that restoring water to the streams is necessary for taro farming and to provide habitat for aquatic life. Hawaiian Commercial & Sugar has argued the water is critical for already tenuous sugar farming operations.

Na Wai Eha decision released by state water panel – Mauinews.com | News, Sports, Jobs, Visitor’s Information – The Maui News

Thielen: Water decision meets most demands – The Maui News

Published on May 30, 2010 in Biofuels, General Ag News and Notes and Water.

By CHRIS HAMILTON, Staff Writer
State Commission on Water Resource Management Chairwoman Laura Thielen on Friday called the panel’s decision last week to put millions of gallons of water a day back into East Maui’s streams "groundbreaking."

For more than 125 years, Hawaiian Commercial & Sugar Co. has diverted water from the East Maui watershed for its sugar cane cultivation in Central Maui. Maui County also uses stream water to supply 10,000 customers Upcountry, including farmers and ranchers.

In a statement issued by the state Department of Land and Natural Resources, which Thielen also heads, she called Tuesday’s 5-1 vote during a Paia meeting "a flexible approach that meets most of the needs of competing water demands."

The commission’s decision also "strongly emphasized responsible management of public trust resources," Thielen said. For the first time, HC&S must monitor and report water in its irrigation system to the state. And Maui County must fix its leaky Waikamoi flume within three years, a process already under way.

"Maui County and HC&S need to make the necessary investments to repair existing infrastructure and to develop responsible and reliable alternative water sources to meet their critical domestic and agricultural water needs," Thielen said.

Continue reading ‘Thielen: Water decision meets most demands – The Maui News’

Compromise decision reached on East Maui water diversion – The Maui News

Published on May 26, 2010 in General Ag News and Notes and Water.

PAIA — State Commission on Water Resource Management members reached a historic compromise late Tuesday night, returning some water to six East Maui streams, but leaving both sides in the water dispute dissatisfied.

Hawaiian Commercial & Sugar General Manager Chris Benjamin called it "another bite from the apple," noting that the commission’s action came in addition to losing millions of gallons a day in eight other streams in a commission decision two years ago. HC&S also is awaiting a contested case ruling that could mean that Hawaii’s last sugar producer will lose another 34.5 million gallons a day in the Central Maui Na Wai Eha, or four great streams, debate.

The complainants’ attorney, Alan Murakami, of Native Hawaiian Legal Corp., immediately called for — and had recognized — a contested case hearing request the moment the proceedings ended. That means the plaintiffs will seek binding arbitration for another, more favorable result.

The commission voted to restore water to four streams only in the wet season, Waikamoi, West and East Wailuaiki and Waiohue, with 1.68 million gallons per day, 2.46 mgd, 2.39 mdg and 2.07 mdg, respectively. In the dry season, West and East Wailuaiki and Waiohue will get 0.26 mgd, 0.13 mgd and 0.06 mgd, respectively.

Continue reading ‘Compromise decision reached on East Maui water diversion – The Maui News’

Stream study pushes for more water restoration – The Maui News

Published on May 24, 2010 in General Ag News and Notes and Sugar Cane.

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WAILUKU – Nearly six months after recommending that Hawaiian Commercial & Sugar Co. restore water to only one of 19 streams in East Maui, staffers for the state Commission on Water Resource Management have changed their minds – at the direction of balance-seeking commissioners in the heated controversy.
If commissioners follow the advice signed off by Deputy Director Ken Kawahara, HC&S will have to return water to a total of 14 of 27 streams in the East Maui watershed. Kawahara’s 64-page staff report advocates that six streams get some of their water back, totaling 10.46 million gallons a day.

The report was issued in time for a meeting at 1 p.m. Tuesday at the Paia Community Center, where a number of decisions could be made. It’s a continuation of a meeting held in December when commissioners asked the staff and different sides to come back with more information and new compromises.

Since the public will be given an opportunity to testify and all the sides are asked to give presentations about their own recommendations, two additional meetings are scheduled for June 16 and June 21. The last meetings drew more than 100 speakers a day.

Continue reading ‘Stream study pushes for more water restoration – The Maui News’

USGS releases report on Na Wai Eha – The Maui News

Published on May 20, 2010 in General Ag News and Notes and Water.

WAILUKU – A U.S. Geological Survey study 4 years in the making and released this week describes the effects of taking millions of gallons of water daily from "the Four Streams" of Na Wai Eha that originate in the West Maui Mountains.
USGS also presented a complex matrix showing the amounts of stream water needed to return to each of the Central Maui streams to revitalize flora, fauna and aquatic life; to recharge the aquifer and to promote taro growing. The report also details the amount of water necessary to resume mauka-to-makai, or mountain-to-ocean stream flow, something not seen for more than a century of stream diversions to irrigate sugar crops.

"The idea is to give people and the commissioners the tools to understand the effects of a decision to divert water and adjust those diversions," said USGS hydrologist Delwyn Oki, who presented the findings of his 176-page report to about 50 people in Maui Economic Opportunity’s classroom Tuesday night.

Continue reading ‘USGS releases report on Na Wai Eha – The Maui News’

Water staff: Restore one of 19 streams – The Maui News

Published on December 13, 2009 in General Ag News and Notes, Sugar Cane and Water.

Attorney for taro farmers calls recommendations ‘ludicrous’
By CHRIS HAMILTON, Staff Writer
POSTED: December 13, 2009

WAILUKU – In what appears to be a blow to East Maui Native Hawaiian taro farmers and environmentalists – and a potential much-needed win for struggling Hawaiian Commercial & Sugar Co. – the state Commission on Water Resource Management staff has recommended that water diverted by HC&S be restored to only one of the 19 streams it uses to irrigate its sugar crop.

The staff findings are only recommendations, but Native Hawaiian Legal Corp. attorneys said on Saturday that they believe the seven-member commission will rely heavily on the staff assessments and recommendations when it renders its decision, most likely during a public meeting scheduled for Wednesday in Paia.

The meeting will begin at 10 a.m. at the Paia Community Center with a staff presentation and time for questions from Water Resource Management Commission members, Chairwoman Laura Thielen said on Saturday. Thielen is also director of the state Department of Land and Natural Resources.

The public will get a chance to testify beginning at 1 p.m., and Thielen said she expects her fellow commissioners to reach a consensus that evening or the next day, depending on how many people want to speak.

Thielen said she received the 56-page report, signed by Deputy Director Ken Kawahara, last week.

Thielen said she thinks that the staff "did a very good, very thorough job," but she will listen to other commissioners’ questions and public testimony before making a decision on how she will cast her own vote on the issue. She also noted that the Native Hawaiian groups did get more than 12 million gallons of water a day restored to streams in the same watershed last year through an almost identical commission process.

Continue reading ‘Water staff: Restore one of 19 streams – The Maui News’

Restoring East Maui waterways considered – The Maui News

Published on October 17, 2009 in General Ag News and Notes.

Water panel chair: ‘There’s only hard decisions to make’

By ILIMA LOOMIS, Staff Writer
POSTED: October 17, 2009

PAIA – A year after a state Commission on Water Resource Management ruling poured more than 12 million gallons of water per day back into eight East Maui streams, the panel is considering a proposal to restore water to 19 other East Maui waterways.

Taro farmers and plantation workers crowded the Paia Community Center on Thursday, each side pleading for enough water to survive. Chairwoman Laura Thielen said the commission is expected to return with its decision in December.

Without enough water available to fully satisfy all the demand, the commission will have to find a balance among traditional, agricultural and residential users that is unlikely to make everybody happy.

"Water issues are very tough issues," Thielen said. "There’s no bad people here; there’s only hard decisions to make."

Continue reading ‘Restoring East Maui waterways considered – The Maui News’

Ruling awaited in water dispute – The Maui News

Published on October 16, 2009 in General Ag News and Notes.

Lawyers spar over how much water to return to West Maui streams

By HARRY EAGAR, Staff Writer
WAILUKU – About 120 people crowded into Kanda Hall at Iao Congregational Church on Thursday morning for what may be the last big public session in the five-year contested case over the waters of Na Wai Eha.

The five parties to the case each had 30 minutes to make closing arguments and raise exceptions to the draft in-stream flow standards proposed by hearings officer Lawrence Miike, who is also a member of the state Commission on Water Resource Management.

As much as 70 million gallons per day is diverted from the Iao, Waihee, Waikapu and Waiehu streams, and Miike has proposed restoring nearly half that amount to the streams for "mauka-to-makai" stream flow. The commission will now consider the record and issue a decision about how much water to restore.

In recent days, street-side rallies have broken out backing one position or the other. The stakes are big.

Continue reading ‘Ruling awaited in water dispute – The Maui News’