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The Honolulu Advertiser
Posted on: Wednesday, May 22, 2002

Groups oppose plan to divert ditch's water

By Rod Ohira
Advertiser Staff Writer

A coalition of environmental and community groups yesterday said they oppose Kamehameha Schools' request to divert 4.2 million gallons of water per day from the Waiahole ditch system for dust control, golf course development and landscaping at its Waiawa by Gentry development.

The groups say the request goes against a 2000 Hawai'i Supreme Court ruling and the schools' strategic plan. Attorney Kapua Sproat of Earthjustice Legal Defense Fund urged the state's Commission on Water Resource Management to deny the application at a preliminary hearing today.

"Non-agricultural 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 yesterday.

Kamehameha Schools CEO Hamilton McCubbin said the estate is not seeking any water that originates in Windward O'ahu. "We want to make it clear that Kamehameha Schools' only interest is in using the water that emanates from our land in Waiawa," McCubbin said in a written statement. "We have no desire or intent to divert water from Windward streams. Our application is consistent with Kamehameha Schools' constitutional right to use water from the Waiawa section of the Waiahole Ditch for bona fide uses on our land in Waiawa."

Kamehameha Schools said about 4.2 million gallons per day is estimated to emanate from Kamehameha Schools lands in upper Waiawa and drains into the Waiahole Ditch on the leeward side of the Ko'olau Range. This is the water Kamehameha Schools is applying for a permit to use, the statement said.

Linnel Nishioka, deputy director of the Commission on Water Resource Management, said its staff's recommendation is to approve the diversion of 2.2 million gallons per day for the project.

In addition to the Earthjustice Legal Defense Fund, opposition to Kamehameha's application includes the Waiahole-Waikane Community Association, Hakipu'u 'Ohana, Ka Lahui Hawai'i, Kahalu'u Neighborhood Board and Makawai Stream Restoration Alliance.

Sproat said Kamehameha's own report identifies alternatives such as surface water, ground water and reuseable water. But Kamehameha spokesman Kekoa Paulsen said there are no alternative sources at the moment and any alternative would have to be developed at a considerable cost.

Nishioka said any approval by the water commission today would be preliminary, and that the request "would still have to go through the entire process," meaning there would be a public hearing and likely a contested-case hearing.

Nishioka noted that Kamehameha Schools was allowed to reapply after its first application was denied because of project zoning issues that have since been resolved. The Supreme Court decision is also being appealed, Nishioka noted.

Taro farmer Charlie Reppun said diverting water from Waiahole is "too easy" compared to creating a regional water use plan for the Waiawa project. "The Waiawa by Gentry project is ideal for integrated water resource management that would treat wastewater and re-use it on-site to satisfy nonpotable needs," Reppun said.

Advertiser staff writer Brandon Masuoka contributed to this report.