Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 11, 1 November 1996 — Waiāhole Ditch Case [ARTICLE+ILLUSTRATION]

Waiāhole Ditch Case

contmued f,om 1 A-"- L A ^ u. '^L A .X .. ^ .J0, A. Elizabeth Pa Martin, NHAC executive director, said, "Continued diversion of Windward water is a denial of traditional and customary practices because the streams are needed for the exercise of these practices."

Dr. Robert Livingston, professor and director of Aquatic Research and Resource Management for

Florida State, said Kāne'ohe Bay and off-shore fisheries would benefit from an increase in instream fauna and greater productivity. Fishing, limu gathering and crabbing will be better, and fishponds may be restored. OHA submitted petitions requesting the flow of Windward streams be returned to pre-ditch levels, and a reserve of 11.1 mgd for the development of state land in Windward O'ahu on behalf of Hawaiians. Leeward interests say their permit for more water from the Waiāhole Ditch should be granted

because diversified agriculture on the Leeward side is in the public's interest. They say six thousand acres on the Leeward side ean be used for agriculhu-al purposes. Short-term lease agreements between Kunia farmers and landowners show

laek of commitment to diversified agriculture, says Paul Achitoff, Sierra Club Legal Defense Fund managing attorney. Leases are for 10 to 15 years at most, Achitoff says, "and they allow the landowners to kiek off their farmer tenants when they decide to develop." Some farmers say the kind of agriculture being supported on the Leeward side may not be good for agriculture statewide. Charlie Reppun, a Waiāhole farmer, points out that half of Leeward's agricultural land is going to only three farms. "Big farms like those ean hurt the industry because they ean corner market shares," Reppun said. "And the attitude of some state agencies has been: 'this is a free market, so whatever happens, happens.'" The state needs to examine the reason for diversified agriculture, says Amy Luersen, Kahalu'u Neighborhood Board chairperson. "Farmers who live on the land they farm have a commitment to it because that' s their future," Luersen said. "Farmers with short-term leases on land that belongs to someone else aren't going to have that same commitment." Testimony that the Waiāhole Ditch and the irrigation system it feeds is no longer efficient for Leeward's present business and urban uses was presented. In a report to the water commission, the Waiāhole Irrigation Co. said the system was designed to

Amfac/Waiāhole lrrigation Co., Dole Foods/Castle and Cooke, Del Monte,the Campbeil and Robinson Estates, Kamehameha Schools/Bishop Estate, the State of Hawai'i, Pu'u Makakilo Golf Course, Royal O'ahu Golf Course, and Kō 'Olina Golf Course represent Leeward interests in the Waiāhole Ditch Case.

serve the needs of monocrop sugar plantations. "If Leeward landowners are going to promote diversified agriculture, they should do it right," Reppun said, "instead they are just trying to use the water as quickly as they ean." Waiāhole Irrigation Co.'s records show , that only 6 mgd of 11 mgd flowing in the ditch ' were used between August 1995 and June 19%.

The water commission has demanded Waiāhole Irrigation Co. account for all Waiāhole Ditch system losses. The losses were previously attributed

IU llldUllUlClllLC aliu repair problems, but the commission no longer accepts this explanation. In 1994 the eommission ordered Waiāhole Stream be partially restored. Miehael Kido, aquatie biologist with Kaua'i Community

J College, studied the effects of restoration. Native stream fish have increased, while populations of , introduced fish have decreased, according to Kido's findings. A resurgence of 'ōpae, hihiwai, hapawai, and 'o'opu is expected if the Windward streams are completely restored. Hawai'i's water code directs the commission to "establish an instream flow program to protect, enhanee and re-establish, where practicable, benefieial instream uses of water." The Hawai'i state constitution requires that the protection of traditional and customary practices of native Hawaiians be given priority in administrative decisions.

k "... they allowthe landowners to kiok I off their farmer tenants when they decide to develop." — Paul Achitoff Sierra Club Legal Defense Fund

& "Farmers who live , on the land they e farm have a eomV mitment to it f because that's their ^ future." — Amy Luersen Kahalu'u Neighborhood Board

Reppun Farm in Waiahole.

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Restoration of Waiahole Stream. !

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