The state Commission on Water Resource Management has approved a settlement to a decade-long legal dispute that is expected to assure continuous flow of streams in an area of the West Maui Mountains, particularly Iao Stream.
The settlement calls for interim restoration of stream flows and allows businesses to apply for permits to divert stream water for off-stream uses, including urban development, officials said Monday.
The dispute over water from four Maui streams — Waihee, Waiehu, Iao and Waikapu — known as Na Wai Eha, which translates as "The Four Great Waters," pitted Native Hawaiian and environmental groups against Hawaiian Commercial & Sugar Co. and Wailuku Water Co. over the diversion of water from the streams.
Stream waters have long been diverted to irrigate agribusinesses on Maui. Pineapple and macadamia nut growing activity has faded on the Valley Isle, however, raising questions about the diversions in this area of the central valley.
"We’re happy," said Irene Bowie, executive director of the Maui Tomorrow Foundation, in response to the settlement. Maui Tomorrow was one of the groups that brought a petition before the commission in 2004.
"Although we know there are further legal processes ahead, just knowing that stream flows will return to Iao and Waikapu is a wonderful thing," she said.
In the petition filed with the commission, Maui Tomorrow and Hui o na Wai ‘Eha contended that the state’s stream standards were failing to protect native stream life, Hawaiian traditional practices and other uses. Native Hawaiians said stream levels at Iao are so low that native shrimp and fish have difficulty moving upstream to complete their life cycle.
Similar to the landmark Waiahole Ditch case on Oahu, the petition sought the allocation of more water to four Maui streams. In the Waiahole Ditch case, the court’s decision, issued in 2000, reaffirmed that flowing streams are a public trust.
Earthjustice attorney Isaac Moriwake, representing the petitioners, said the settlement will benefit the public, including recreational users and Native Hawaiians who are growing taro in the area.
Moriwake said the streams were drained for more than a century during the plantation era.
"Now we’re going to begin to bring the streams back to life," he said.
The settlement will maintain a minimum stream flow level at 10 million gallons a day (mgd) in Waihee and 2.5 mgd in Waiehu. It increases the minimum flow to 2.9 mgd at Waikapu and allows the minimum flow to sometimes go as high as 10 mgd at Iao, depending on various conditions, including weather.
When water was diverted, Moriwake said, the streams at Iao and Waikapu were completely dry except during storm flows.
The settlement marks the first time minimum flows have been set for the streams.
Hawaiian Commercial & Sugar Co. General Manager Rick Volner said the mediated settlement represents a compromise and that his firm respects and appreciates the good faith shown by all involved.
HC&S, the state’s last remaining sugar plantation, uses the Central Maui stream water to irrigate about 5,300 of its 35,000 acres of sugar cane fields. Wailuku Water takes water once diverted for the now defunct plantation Wailuku Sugar Co. and sells it to housing subdivisions, Maui County, cattle ranchers, golf courses, HC&S and others.
Maui County water director David Taylor said the county, which is allocated 3.2 mgd for municipal purposes, is thankful that all parties could reach an agreement without further litigation. Taylor said the allocations will be administered by the state Water Commission.
The Associated Press contributed to this report.
