BLNR defers decision on contested case for East Maui streams

After several hours of receiving public comments, the Board of Land and Natural Resources voted Friday, Nov. 14, to defer for six months its decision-making on a DLNR Land Division recommendation to hold a contested case hearing over the proposed disposition of a water license by public auction, or by a set aside via a governor’s executive order to the County of Maui, for the diversion of public surface water from the Koʻolau Forest Reserve.

Board members noted that, before the issue returns to the BLNR, they want to hear back from the various stakeholders on any progress that has been made toward an agreement.

Mayor Richard Bissen and many Maui residents provided impassioned testimony requesting the BLNR give the community more time to meet with Mahi Pono to support a long-term partnership that serves the public and private interests.

While the Board agreed to defer their decision on the Land Division recommendation, BLNR Chair Dawn N.S. Chang noted Mahi Pono’s revocable permit for East Maui Irrigation is going to expire in December.  

“BLNR has a public trust duty to ensure that the Maui County Water Department continues to get water from the East Maui irrigation system to meet the needs of the upcountry Maui residents for drinking water and fire suppression,” said Chang.

Legal disputes over stream diversions and water usage from state owned streams in East Maui have been recurrent since the mid-1990s.

The BLNR reports that progress has been made with the completion of a final environmental impact statement, establishment of Interim Instream Flow Standards (IIFS) by the Commission on Water Resource Management, and the restoration of several streams to support traditional and customary loʻi kalo (taro) farmers and native stream habitat.

The state reports that area sugar plantation closures and lands transitioning to diversified agriculture “have led to more water returning to the streams.” In addition, the BLNR has previously withdrawn 30,000 acres of forest lands from the current revocable permit, thereby reducing water diversion, according to a department news release.

The department reports that while some concerns around East Maui water have eased, continued collaboration is needed to address the community’s varied needs.