Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 6, 1 June 2016 — Lānaʻi residents push to protect drinking water [ARTICLE+ILLUSTRATION]

Lānaʻi residents push to protect drinking water

Submitted by the Native Hawaiian Legal Corp. Acommunity organization fighting to protect Lāna'i's drinking water for future generations won a major victory in an over 20-year dispute. The Intermediate Court of Appeals (ICA) recently ruled that Lanaians for Sensible Growth has

the right to present evidence in a contested case hearing about Lāna'i Resort's use of ground water from the island's only source of drinking water to irrigate its golf course at Mānele Bay. "Because the long term sustainability and protection of groundwater is at

stake, the community must be given the same opportunity to be heard as big business," says David Kauila Kopper, attorney for Lanaians for Sensible Growth. In 1991, the Land Use Commission prohibited Lāna'i Resorts from using drinkable water from the high-level groundwater aquifer to irrigate its golf course. This condition was part of an agreement that resulted in the zoning

change that enabled Lāna'i Resorts to build the golf course at Mānele. The Land Use Commission also required Lāna'i Resorts to develop altemative sources of water. Despite this requirement, and Lāna'i Resorts having ample time to develop alternative sources of irrigation water, the golf course continues to be irrigated with water from the island's high-level wells.

"This case is not anti-golf course; it is prowater," says Butch Gima, president of Lanaians for Sensible Growth. "There are feasible alternatives to keep the golf course operational while ensuring a sustainable future for Lāna'i, whieh would benefit everyone." In the last eon-

tested case hearing, whieh ended in 2010, Lanaians for Sensible Growth was not allowed to present its evidence, while Lāna'i Resorts was able to present its full case. The Court ruled that this was unlawful procedure and that Lanaians for Sensible Growth was entitled to a full and fair opportunity to be heard on this important issue. The case has been sent back to the Land Use Commission. ■

Lāna'i residents are concerned Ihal drinkable water is being used to irrigate Lāna'i Resort's golf course. - Photo: Francine Murray