Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 9, 1 September 2002 — Kamehameha drops bid for Waiähole water [ARTICLE+ILLUSTRATION]

Kamehameha drops bid for Waiähole water

By Naomi Sodetani Already beset by community criticism for admitting a non-Hawaiian student to its Maui campus3 Kamehameha Schools pulled its request to draw 4.2 million gallons from Waiāhole Ditch for their central O'ahu housing development. The 1 lth hour decision was announced on Aug. 1, the day of the state water commission's scheduled pubic hearing on the application. Five days later, trustees voted to drop the estate's Hawaici Supreme Court appeal of the state water eommission's decision to divide ditch water between Windward streams and Leeward usem. Earthjustice Legal Defense Fund Attorney Kapua Sproat, who represents a coalition of Windward environmental and community groups who stood ready to contest the trust's application at the hearing3

commended Kamehameha's decision as "historic." "I give them a lot of credit, because this decision took a lot of courage and foresight," Sproat said. "It represents a reversal in Kamehameha's ten-year old litiga-

tion posture." "We want to develop awatar policy for our lands statewide that is consistent with our strategic plan and investment policies," Trustee Board Chairman Douglas Ing said. "How we manage our water is crueial to the future of our islands." Kamehameha's strategic plan was

completed after the original request for Waiāhole Ditch water was filed four years ago. Drawing on the input of over 4,000 Native Hawaiian community members statewide, the plan heavily emphasizes stewardship of trust lands and resources, preserving Hawaiian eulture and extending the trust's educational reach to more Hawaiians. Chief Executive Officer Hamilton MlcCubbin has reportedly invited the input of the coalition who opposed the trust's bid for Windward water — the Mlakawai Stream Restoration Allianee, Hakipu'u 'Ohana, Ka Lāhui Hawai "i and Kahalu'u Neighborhood Board — in crafting a culturally-appropriate water policy to guide the trust's land development activities. Coalition membeis had met with KSBE trustees and the CEO several times in August to discuss the emotional issue of dKerting Windward water for dust control, golf course irrigation and landscaping at the proposed project known as Waiawa by Gentry. The 3,600 -acre residential golf subdivision includes two golf courses, 20,000 homes and over 50,000 residents. The trust's development agreement requires it to provide the land, zoning permits and water needed for the subdivision. The project's 1987 env ironmental impact statement had noted existing potāble and non-potable Leeward groundwater sources, including on-site wells. But the trust sought to use Windward water, claiming that it owned the water that flows into the section of trans-Ko'olau tunnel located on its lands in Waiawa.

The Hawai'i Supreme Court rejected those claims in the landmark 2000 Waiāhole decision restoring 14 million gallons to Windward streams. The justices ruled that water is a public trust resource that is not "owned" by any one individual, but is held in trust for all of the people of Hawai'i pre-

sent and future. They determined thatthe trust held no special entitlement to water dKerted by the Waiāhole Ditch. Following the Supreme Court's denial of its initial appeal, the trust filed another appeal with the high court to overturn the Water Commission's December 2001

decision. KSBE calledthe commission's allocation of that water to other permitapplicants anunconstitutional "taking" of its vested property rights, reasserting its elaim to owning water dKerted by the ditch. Windward community groups countered that the trust did not own the water. "We have an interest init, and you can't use this precious resource for golf courses, because we're going to fight you all the way. This is our lifestyle at stake,'" Sproat said. "Kamehameha's decision not to drain Windward streams, and their commitment to a water policy, will help presarve the natural resources necessary to perpetuate our Hawaiian culture." ■

'Wē have an interest in (this water), and you ean t use this precious resource for golf courses, because we're going to fightyou all the way. This is our lifestyle at stake,' — Kapua Sproat, attorney

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Nt"t HOTT / i Huii

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HE,4LTHY FLOW — Waianu and Waiāhole streams gush with partially-restored stream flow thanks to the Water Commission and the Hawai1 i Supreme Court, whieh ruled that the higher the volume of instream flow, "the gieater the support for biologieal processes in the stream and its ecosystem."

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