Posted on: Saturday, September 18, 2004

High court affirms Lana'i water ruling

Advertiser Staff

The Hawai'i Supreme Court yesterday issued a ruling in a long-standing dispute over the use of brackish water from Lana'i's high-level aquifer to irrigate the Manele Golf Course.

The case involves the state Land Use Commission's 1996 ruling ordering the Lanai Company to stop using the water for the golf course.

The Maui Circuit Court reversed that decision, saying that the commission was wrong in its interpretation of an earlier commission order. The commission interpreted that provision as barring the company from using "any" water from the aquifer.

A group called Lanaians for Sensible Growth appealed the Maui court's decision.

In a 49-page unanimous opinion yesterday, the high court upheld the Maui court's decision, but also directed that the commission clarify its ruling and hold hearings, if necessary, to see if the use of the water actually violates the commission's earlier order.