Panel: Restore some water to central Maui streams

The state water commission on Thursday ordered the state's last sugar plantation and a private Maui water company to divert less water from three streams in central Maui to give downstream residents more water to grow taro and restore natural habitats.

The state Commission on Water Management's order said Hawaiian Commercial & Sugar and Wailuku Water Co. must restore 12.5 million gallons per day to the Waihee, North Waiehu and South Waiehu streams. The commission's hearing officer had recommended 34.5 million gallons per day.

The order also allows existing diversions from Iao and Waikapu streams to continue unchanged.

The ruling prompted sharp criticism from a lawyer representing downstream residents that the restored water would be merely a "trickle."

"This is a miscarriage of justice. It's a travesty," said Isaac Moriwake, an Earthjustice lawyer representing claimants Hui o Na Wai Eha and Maui Tomorrow.

Moriwake said he would be appealing the case to the state's Intermediate Court of Appeals.

The commission said the decision represented "the best balance" of its responsibilities to uphold its values and manage Hawaii's water as a public trust.

Moriwake accused the commission of succumbing to intense pressure from the sugar plantation, which has said losing water from the streams would force it out of business and lead to layoffs for its 800 employees.

"There's really no rationale for this except obviously they're bending to plantation pressure _ the intense war of propaganda that the plantation launched against the commission after the proposed decision came out," Moriwake said.

HC&S and Wailuku Water didn't immediately respond to a request for comment.

The area's sugar plantations, and some other smaller water users, have been diverting water from four central Maui streams for some 150 years.

HC&S uses the Central Maui stream water to irrigate about 5,300 acres of its 35,000 acres of sugarcane fields. HC&S irrigates the rest of its fields with ground water and water diverted from East Maui streams.

The privately owned Wailuku Water Co. is an offshoot of the former sugar plantation Wailuku Sugar Co., which sold its land and no longer grows sugar. Wailuku Water takes water once diverted for Wailuku Sugar and sells it to housing subdivisions, Maui County, cattle ranchers, golf courses, HC&S and other users.

The water commission said its decision would force HC&S, Wailuku Water and the county to to conserve water and invest in recycling methods to replace water they would no longer be getting from the streams.

Laura Thielen, the commission's chairwoman, noted Hawaii streams today generally have less water than 50 years ago because of drought, the degradation of watersheds by invasive species and years of growth and development.

"Maui needs to develop alternative sources of water, reclamation and conservation," Thielen said in a statement.

One commissioner dissented from the decision. Lawrence Miike, the hearings officer in the case, said the panel chose to "protect offstream users for private commercial purposes and provide the least protection feasible or no protection at all to the waters of Na Wai Eha."