Posted at 11:25 a.m., Tuesday, May 21, 2002
Water diversion sought for Gentry project
By Rod Ohira
Advertiser Staff Writer
Opponents say that goes against a 2000 Hawai'i Supreme Court ruling and the schools' strategic plan.
Attorney Kapua Sproat of Earthjustice Legal Defense Fund today urged the Commission on Water Resource Management to deny the application at tomorrow's preliminary hearing based on the state water code and state Supreme Court decision.
"Nonagricultural uses precisely like those proposed by Kamehameha must establish that no alternative sources of water are available in order for an application for Windward water to even be considered," Sproat said today.
"Kamehameha's own report identifies practicable alternatives," she added, noting the alternatives are surface water, ground water and reusable water. "Kamehameha has wholly failed to satisfy the requirements of the law and the commission should deny its application."
Linnel Nishioka, deputy director of the Division of Water Resource Management, said anything decided tomorrow is "only preliminary." She acknowledged that the staff recommendation is to "split" Kamehameha's request to 2.2 million gallons per day.
"It would still have to go through the entire process," she said of final approval, meaning there would have to be a public hearing and likely a contested-case hearing.
Nishioka said that Kamehameha was allowed to reapply since the first application was denied because it did not have zoning approval when submitted. Kamehameha has since met the zoning requirement. The 2000 State Supreme Court decision also is being appealed, Nishioka said.
