Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 6, 1 June 2010 — Maui water ruling restores some stream diversion [ARTICLE]

Maui water ruling restores some stream diversion

In a water dispute involving Native Hawaiian taro farmers, the state Commission on Water Resource Management on May 26 reached a decision returning some water to six East Maui streams. The commission's ruling is a compromise more than it is a clear victory for either side. Hawaiian Commercial & Sugar Co. General Manager Chris Benjamin eompared the ruling to a commission decision two years ago in whieh the firm lost millions of gallons a day in eight other streams. The taro farmers' attorney, Alan Murakami of the Native Hawaiian Legal Corp., indicated that the plaintiffs will seek binding arbitration for a more favorable result. The commission voted to restore water during the wet season to four streams: Waikamoi ( 1 .68 million gallons per day), West Wailuaiki (2.46 mgd), East Wailuaiki (2.39 mgd) and Waiohue (2.07 mgd). In the dry season, West and East Wailuaiki and Waiohue will get 0.26 mgd, 0.13 mgd and 0.06 mgd, respectively. Two other streams, Makapipi and Hanawai, will receive more water year-round, totaling 0.66 million gallons per day. In making its ruling, commissioners cited testimony from taro farmers who say they cannot continue to cultivate the Native Hawaiian dietary staple without the support of stream water. The stream diversions in the last century have provided water for commercial sugarcompanies. HC&S, Hawai'i's sole remaining sugar producer, has said the loss of stream water would force the company to shut down and lay off an estimated 800 workers. HC&S is awaiting a Water Commission ruling in another contested case hearing involving the West Maui region of Nā Wai 'Ehā, or the Four Waters.

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