Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 9, 1 September 2016 — OHA COMMENDS WATER RIGHTS DECISION [ARTICLE+ILLUSTRATION]

OHA COMMENDS WATER RIGHTS DECISION

ByTreenaShapiro The Commission on Water Resource Management (CWRM) has voted against fining an 'Iao

I Valley family for using Wailuku River water to grow kalo. John and Rose Duey had been seeking a permit to divert water to their farm since 2004, after the traditional 'auwai was bulldozed

mauka of their property. However, since the application was not "eom-

pleted" and the Dueys only had verbal permission from a former Water Commission staff member

to install the pipe, CWRM staff recommended fining the family $4,500 for alleged viola-

tions, plus another $1,000 a day for future violations. However, at an Aug. 16 meeting, CWRM rejected the staff recommendation after receiving more than 500 pieces of written

testimony and listening to more than three hours of verbal testimony supporting the Duey 'Ohana and protesting the harsh penalty on kalo farmers, according to a Sierra Club of Hawai'i statement. Instead, the Commission opted to award the

family the long-sought permit, with several commission-

ers apologizing to the Dueys. Commissioners also called on staff to look into an expedited permitting process for traditional and customary Native Hawaiian water uses. OHA lauds the Water

Commission's strong statement recognizing the critical need to more fully implement the puhlie trust and protect the traditional and customary rights of Native Hawaiians, in Nā Wai 'Ehā and throughout Ka Pae 'Āina. In a unanimous decision, the Commission rejected a staff proposal to fine a Native Hawaiian family, the Duey 'Ohana, for an admittedly harmless diversion of stream water through a family lo'i, a recognized puhlie trust purpose and traditional and customary use of water. In addition, Commission members granted the Duey 'Ohana a stream diversion works permit to eonhnue their traditional farming practices, and directed Commission staff to work on streamlining the permitting process for traditional farmers. This is not only a vindication of the Duey 'Ohana's tireless work for over more than a decade to uphold the puhlie trust in Nā Wai 'Ehā, but also signifies a growing recognition of the need for the state to better steward our islands' most precious resource. ■

> View 0HA's testimony on the issue at: http://ow.ly/cl/58K9