Tag: Na Wai Eha

June 13, 2010 General Ag News and Notes Post a Comment

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

 

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.

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June 13, 2010 General Ag News and Notes Post a Comment

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

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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."

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June 11, 2010 General Ag News and Notes Post a Comment

Attorney: Water commission ‘wilted’ – The Maui News

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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.

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June 10, 2010 General Ag News and Notes Post a Comment

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

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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

May 30, 2010 General Ag News and Notes Post a Comment

Thielen: Water decision meets most demands – The Maui News

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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.

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May 26, 2010 General Ag News and Notes Post a Comment

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

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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.

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