Groups Challenge Ruling On Use Of Maui Streams

By AUDREY McAVOY
Associated Press

POSTED: 03:22 p.m. HST, Jul 12, 2010

Maui community groups are appealing the state water commission's recent ruling regarding Na Wai Eha streams, arguing it deprives them of the water they need to grow taro and restore natural habitat.

Hui o Na Wai Eha and the Maui Tomorrow Foundation, who are being represented by Earthjustice, filed a notice of appeal to the commission yesterday. This clears the way for them to appeal their case to the Intermediate Court of Appeals or the state Supreme Court.

The water commission last month ruled Hawaiian Commercial & Sugar and Wailuku Water Co. must restore 12.5 million gallons per day to the Waihee, North Waiehu and South Waiehu streams in central Maui.

This was only about a third of the 34.5 million gallons the commission's hearing officer had recommended be restored.

The commission's ruling also allowed existing diversions from Iao and Waikapu streams to continue unchanged.

Hui o Na Wai Eha President John Duey said the commission based its ruling on plantation politics, not the law.

"We must turn to the courts to uphold the law that flowing rivers and streams are a public trust, not a plantation plumbing system," Duey said in a statement.

Laura Thielen, water commission chairwoman, said she hadn't seen the appeal and had no comment.

The claimants are pushing to get more water returned to the streams so they can plant taro, a staple of the Hawaiian diet, and support native plants and animals. Native Hawaiian claimants say they aren't able to grow taro like their ancestors because the streams have too little water.

HC&S uses the Central Maui stream water to irrigate about 5,300 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 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 others.