Land board rejects controversial lawsuit hearing for East Maui long-term water license

State Land and Natural Resources Board rejects contested lawsuit hearing on 30-year water license awarded to real estate company Alexander & Baldwin; This is a win for those looking to divert river water in East Maui.

The Department of Land and Natural Resources recommended a hearing in the contested case, but the board voted 4-2 Friday to reject it.

Most of the testimony opposed the hearing, with some arguing that it undermined public participation. Opponents also said allowing a controversial lawsuit would mean allowing too much stream water to be diverted away from the community.

“I also really appreciated some of the comments about the importance of making public participation easy and accessible to everyone, and I share concerns that putting this under a controversial litigation process would undermine that,” land board member Aimee Barnes said. denying a contested case hearing.

For more than 150 years, water from East Maui streams has been diverted through water licenses issued by BLNR.

Recently, East Maui Irrigation Company, owned by A&B and agricultural enterprise Mahi Pono, was able to divert that water with temporary, revocable permits.

That 30-year license will allow EMI to divert more than 85 million gallons of water per day from East Maui rivers. EMI said it will use about 66 million gallons per day on 20,600 acres of land used for diversified agriculture.

DLNR has been considering the long-term water license requested by EMI for some time; However, Maui County Mayor Richard Bissen asked the ministry to postpone the process.

In September, the land board was scheduled to consider a contested case hearing regarding the water permit, but decided against it at Bissen’s request.

He said in a letter that he wants Maui County and other interested parties to explore long-term opportunities to “find a working compromise rather than an expensive, lengthy contentious litigation process.”

He asked the board to postpone it again on Friday, but it went ahead anyway.

DLNR President Dawn Chang defended a contested case hearing, saying it would allow for a more open discussion among stream users on a long-debated issue of water rights on Maui.

“I believe the adversary hearing is a constructive tool to ensure that all voices are heard constructively and information is shared in both directions,” Chang said.