Stream Restoration: 2014 Contested Case

This narrative covers the history of East Maui stream restoration. There are really three parts to that: (1) the 2014 Contested Case, (2) The 2021 petition by the Sierra Club to amend IFS for 12 Huelo streams, and (3) the 2024 feasibility studies (and hopefully adoption) for Ha’iku stream restoration.

This narrative is based on public records and on information from the CWRM website. Source documents are in our Resource Library.

2001

Native Hawaiian Legal Corporation (NHLC), on behalf of Na Moku ‘Aupuni o Ko’olau Hui (Na Moku), Beatrice Kepani Kekahuna, Marjorie Wallet, and Elizabeth Lehua Lapenia, filed a Petition to Amend the Interim Instream Flow Standard for 27 streams in East Maui. Those streams are:

• Alo Stream
• Ha’ipua’ena Stream
• Hanawi Stream
• Hanehoi and Puoloa Streams
• Honomanu Stream
• Honopou Stream
• Kapaula Stream
• Kolea and Punalau Streams
• Kopiliula Stream
• Kualani Stream
• Makapipi Stream
• Nuailua Stream
• Pa’akea Stream
• Palauhulu Stream
• Piinaau Stream
• Puakaa Stream
• Puohokamoa Stream
• Wahinepe’e Stream
• Waiaaka Stream
• Waianu Stream
• Waikamoi Stream
• Waikani Stream
• Waluaiki (East) Stream
• Wailuaiki (West) Stream
• Wailuanui Stream
• Waiohue Stream
• Waiokamilo Stream

NHLC met with CWRM staff to discuss the handling of the 27 petitions. Agreement was reached that efforts would focus on seven streams: Honopou, Hanehoi, Waiokamilo, Kualani, Piinaau, Palauhulu, and Wailuanui Streams.

2008

NHLC, for Petitioners Na Moku, Beatrice Kekahuna, and Marjorie Wallett, requested that the Hawaii Supreme Court issue a Writ of Mandamus to Respondents Commissioners Laura H. Thielen, Chiyome L. Fukino, Meredith J. Ching, James A. Frazier, Neal S> Fujiwara, Donna Fay K. Kiyosaki, and Lawrence H. Miike, regarding matters related to the Petition to Amend the Interim IFS for 27 East Maui Streams. The petition was denied later that year.

The CWRM issued a Notice of Public Fact Gathering to receive comments on the Draft Instream Flow Standard Assessment Reports for five surface water hydrologic units in east Maui: Honopou, Hanehoi, Piinaau, Waiokamilo, and Wailuanui. A public fact gathering meeting was held on Thursday, April 10 at the Haiku Community Center in Maui to receive comments of the reports. 

NHLC filed a complaint (CDR.1937.6) on behalf of Na Moku, Beatrice Kekahuna, Marjorie Wallett, and Maui Tomorrow. The complaint alleges that Hawaiian Commercial & Sugar Company (HC&S) is wasting water. The allegation is based on testimony of HC&S employee Lee Jakeway who testified at the Land Board contested case hearing on November 15, 2005.

Public comments on the Haiku meeting have been consolidated into this document.

CWRM staff submit the following document in support of amending interim IFS for eight East Maui streams (Honopou, Hanehoi, Puolua, Pi’ina’au, Palauhulu, Waiokamilo, Kualani, East and West Wailuanui, Waikani) spread across five hydrological units.

2009

CWRM staff makes public presentations on their IIFS amendment plan.

The CWRM repeats the process used in 2008 and issued a Notice of Public Fact Gathering to receive comments on the Draft Instream Flow Standard Assessment Reports for the surface water hydrologic units of Waikamoi (6047), Puohokamoa (6048), Haipuaena (6049), Punalau (6050), Honomanu (6051), Nuaailua (6052), Ohia (6054), West Wailuaiki (6057), East Wailuaiki (6058), Kopiliula (6059), Waiohue (6060), Paakea (6061), Waiaaka (6062), Kapaula (6063), Hanawi (6064), Makapipi (6065). Instream flow standard assessment reports are prepared to present the best available information for each hydrologic unit.

2010

The CWRM held its May meeting in Pa’ia to hear recommendations on nineteen (19) east Maui instream flow standard petitions. CWRM staff made the this submittal on the petition to amend IFS. The interim IFS were adopted at the meeting by the CWRM. Na Moku and allies filed for a contested case, which was denied by the CWRM. The latter was appealed to the Intermediate Court of Appeals.

2012

The Intermediate Court of Appeals issued their ruling in favor of the petitioners and ordered the CWRM to hold a contested case hearing.

2014

Contested Case Hearing CCH-MA13-01 begins with Opening Statements, Opening Briefs, Witness Lists, Witness Statements, and Exhibits.

2016

The CWRM agrees to amend interim IFS for some of the East Maui streams. EMI and A&B claimed that some of the streams were no longer being diverted, although the diversion structures remained in place. The order for interim restoration of stream flow was signed in July, 2016.

2018

The Commission issues its Findings of Fact, Conclusions of Law, and Decision and Order. That is the final closing document for the Contested Case. You can read it here.

It took 17 years for the original request by Na Moku and allies to be resolved, at least in a legal sense. But that is not the end of the story of restoring East Maui streams. Conditions have changed since the process started in 2001 (A&B discontinued sugar cane growing, and climate change has become more of a factor). The success with achieving some stream restorations in East Maui prompted further efforts for streams not addressed in the Contested Case, which brings us to Part II of this narrative.

Part II – Huelo Stream Restoration

2021

The Sierra Club files a Petition to Amend Instream Flow Standard (PAIFS), with the CWRM for the hydrologic units of Ho‘olawa, Waipi‘o, Hoalua, Hanawana, Kailua, Na’ili’ilihaele, Puehu, ‘O’opuola, Ka’aiea, Punalu‘u, and Kōlea of the Huelo lease area. These streams all fell under §13-169-44, which means they were all locked into whatever the stream conditions, including diversions, were in 1988. The Honopou and Hanehoi streams had both been previously fully restored by the 2014 Contested Case.

2022

In July, the CWRM is briefed on the current instream uses and stream diversions in Huelo; and approved an extension request for action on the Sierra Club’s PAIFS for the original 11 streams, plus Mokupapa (added by staff).

In November, the CWRM took action on the PAIFS for the Huelo region to reserve a portion of the flow for the Department of Hawaiian Home Lands Reservation, East Maui. The staff recommendation was presented in submittal B5, which you can read here. The recommendation was approved by the board. B5 is a deep review of each stream as well as alternatives and risks. Its recommendations are tailored for each stream. None of the streams were fully restored.

Part III – Ha’iku Stream Restoration

2024

This story is short since it is just started and on-going….

Summary

For more information on East Maui streams, see our Stream Portal for a listing of all East Maui streams, the Instream Flow Standard status for each, the research documents compiled by the DLNR on each stream and any other public information related to the streams.