Ka Wai Ola - Office of Hawaiian Affairs, Volume 31, Number 5, 1 May 2014 — In decade-old case, settlement will restore water to Maui streams [ARTICLE+ILLUSTRATION]

In decade-old case, settlement will restore water to Maui streams

By Harold Nedd Farmers, environmentalists and others in the Native Hawaiian community landed a key legal victory against big corporations in a settlement that paves the way for millions of gallons of water to be restored to two Nā Wai 'Ehā streams in Central Maui. The 'īao Stream and the Waikapū Stream are expected to significantly benefit from the settlement approved by the state Commission on Water Resource Management in what's known as the Nā Wai 'Ehā case. About 13 million gallons of additional water would be restored to Nā Wai 'Ehā under the settlement reached with the Office

of Hawaiian Affairs and Earthjustice, whieh represented two Maui community groups - Hui o Nā Wai 'Ehā and Maui Tomorrow Foundation. Their settlement was with Hawaiian Commercial & Sugar Co., Wailuku Water Co. and the County of Maui. "We are extremely pleased with this historic agreement," said OHA Ka Pouhana, CEO Kamana'opono Crabbe. "It provides important validation for our efforts to ensure mauka to makai stream flow when possible and protection of Native Hawaiian traditional and customary practices." After a lengthy contested case hearing in late 2007 and early 2008, the Water CommisSEE STREAMS ON PAGE 7

Under the seftlement, about 13 million gallons of water would be restored to Central Maui's 'lao and Waikapū streams. An earlier decision by the state Water Commission had limited water restoration to Waiehu River and Waihe'e Stream. - Photo: KWOArchives

STREAMS Continued from page 4

sion restored water only to Waihe'e River and Waiehu - Stream, and failed

to ensure that water benefits everyone, including community members helow the diversions in 'īao and Waikapū, and not just corporate interests.

The community groups and OHA appealed and, in August 2012, the Hawai'i Supreme Court agreed with them and sent the case back to the Water Commission with instructions to consider six issues, including the feasibility of protecting traditional and customary native Hawaiian rights as well as practices. On the eve of the "remand" to follow up on those instructions, the two sides in the case reached an

agreement to restore more water to 'īao Stream and Waikapū Stream. "We're glad the diverters finally saw the light in this case," Isaac Moriwake, a lawyer with Earthjustice, said in a press release. "Rivers and streams need to flow as part of the natural water and lifecycles. The ancient Hawaiians understood this, and we're finally starting to realize it in the 21 st century."

John V. Duey, a board member for Hui o Nā Wai 'Ehā, said in an Earthjustice press release that "after an intense legal battle, the law is finally being respected, our native stream animals will have a ehanee to complete their life cycles, kalo farmers ean access the water they need, and our kids won't have to go above the companies' diversions to swim. That's a significant victory in our eyes." ■

We re glad the diverters finally sawthe light in this case. Rivers and streams need to flow as part of the natural water and lifecycles. The ancient Hawaiians understood this, and we're finally starting to realize it in the 2ist century." — Isaac Moriwake, a lawyer with Earthjustice