Groups sue over Maui stream use

By Timothy Hurley
Advertiser Maui County Bureau

Two Maui groups yesterday filed a petition with the state Commission on Water Resource Management seeking to restore water to the Waihe'e, North and South Waiehu, 'Iao and Waikapu streams and their tributaries.

Collectively known as Na Wai 'Eha, the four streams, which flow from the West Maui Mountains into Central Maui, hold historic and ongoing significance as natural and cultural resources, said Kapua Sproat of the Earthjustice environmental law firm. Yet the streams continue to be drained, she said, by former plantation interests.

The petition, filed by Earthjustice on behalf of Hui o Na Wai 'Eha and Maui Tomorrow, seeks to start the process set forth in the state Water Code for establishing stream flow standards, which describe the minimum amount of water that must flow in a stream to sustain life and allow for recreation and traditional Native Hawaiian practices.

"The Water Commission has a public trust duty under the state constitution and water code to protect the health of our streams," said Burt Sakata, president of Hui o Na Wai 'Eha, in a statement. "We who live here in Central Maui have watched our stream life diminish. We insist that the water commission follow the laws put in place to protect our public trust resources."

A petition similar to the one filed yesterday began the landmark Waiahole Ditch case, a battle over the future of water and land use on O'ahu that was rekindled this week by a state Supreme Court decision requiring the commission to substantiate its decisions on water allocations.

Sproat said a similar controversy is brewing on Maui, where demand for development is outstripping water supplies.

Even though plantation agriculture and its water uses have declined on Maui, millions of gallons of stream water are needlessly diverted and dumped, she said. What's more, she said, Maui Mayor Alan Arakawa has made it clear that he plans to claim extra surface water for the county water system.

"The streams are literally dry," she said. "Hawai'i's Water Code prohibits waste. If diverted water is no longer being used, then that water should stay in the stream, period."

A representative for the commission yesterday would not comment on the petition.

Hui o Na Wai 'Eha, Maui Tomorrow and Earthjustice said they would hold a public meeting within the next month to offer additional information and get input.

Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.