HONOLULU (AP) — The Hawaii Supreme Court on Wednesday ruled in favor of Native Hawaiian and environmental groups seeking to have more water restored to several central Maui streams so they can grow taro and revive natural habitat.
The court ruled the state Commission on Water Resource Management erred when it came up with a plan outlining how much water two companies may divert from the streams. The court said the commission failed to adequately consider how stream flows affect Native Hawaiian customary practices in the area. The court said the commission also erred in its consideration of alternative sources of water.
The ruling — which was signed by four justices and joined by another justice’s separate concurring decision — overturns a decision by the Intermediate Court of Appeals. The court sent the case back to the commission for reconsideration.
Isaac Moriwake, an Earthjustice attorney representing the groups Hui o Na Wai Eha and the Maui Tomorrow Foundation, called the ruling an “historic and tremendous victory.” He said his clients feel vindicated after years of frustration.
“Some of them couldn’t even talk because they were choked up. These were tears of joy but also tears of relief, in a sense,” he said.
He said the commission had failed in its duty to protect water resources for future generations and not only for present economic gain.
His clients are pushing to get more water returned to the streams so they can plant taro, a staple of the Hawaiian diet, and support native plants and animals. His Native Hawaiian clients say they aren’t able to grow taro like their ancestors because the streams have too little water.
One of the companies, Hawaiian Commercial & Sugar, uses the Central Maui stream water to irrigate about 5,300 of its 35,000 acres of sugarcane fields. HC&S irrigates the rest of its fields with ground water and water diverted from East Maui streams.
The other company, privately owned Wailuku Water Co., is an offshoot of the former sugar plantation Wailuku Sugar Co., which sold its land and no longer grows sugar. Wailuku Water takes water once diverted for Wailuku Sugar and sells it to housing subdivisions, Maui County, cattle ranchers, golf courses, HC&S and others.
The commission in 2010 ruled HC&S and Wailuku Water must restore 12.5 million gallons per day to the Waihee, North Waiehu and South Waiehu streams in central Maui.
This was about a third of the 34.5 million gallons the commission’s hearing officer had recommended be restored.
The commission’s ruling also allowed existing diversions from Iao and Waikapu streams to continue unchanged.
HC&S, the state’s last sugar plantation, has been struggling in recent years because sugar prices have been stagnant for 20 to 30 years even as costs have risen. Rick Volner, HC&S general manager, said Wednesday the commission’s 2010 water diversion plan gave the company a “fighting chance for survival.”
The commission returned substantial water to the streams but still gave the company enough water to contribute to Maui’s economy, provide jobs, and keep central Maui green — both visually and in terms of growing biofuel renewable energy crops, he said.
“Based on our preliminary review, we are optimistic that while the Supreme Court has required further review by the Water Commission, the commission will have more than adequate basis for its original conclusions, and will continue to strike an appropriate balance between the needs of HC&S, the community and in-stream uses,” Volner said.
Wailuku Water didn’t immediately return a phone message seeking comment.
