Reviving East Maui's Streams: Sierra Club and the Historic Water Rights Victories
by Raina Myers, Maui Group Volunteer Coordinator | Reading time: 5 minutes
Tour participants at diversion. Photo: Raina Myers
Last month, a group of neighbors embarked on a tour organized by Lucienne de Naie of the Sierra Club Maui Group to explore the East Maui stream diversions. This journey was more than just an educational excursion; it marked a significant step towards understanding and implementing historic court rulings aimed at restoring stream flow to this ecologically fragile area. Guided by state hydrologist Aryon Strauch and East Maui Irrigation (EMI) representatives Mark and Kai, the tour offered a firsthand look at the aging infrastructure and the impending modifications necessary to comply with recent legal mandates. After a century of diversions, East Maui residents are patiently awaiting the historic changes.
Honopou resident Lyn Scott and Laf Young. Photo: Raina Myers
The group took an ATV adventure along the ditch systems, revealing the places where modifications will be made to comply with recent Water Commission decisions aimed at restoring flow to the streams. These modifications are significant, as they will ensure that all water remains in the streams during low flow periods, preserving the delicate ecosystem. The rough access roads limit community scrutiny of the state of flows, but the tour provided a close-up view of the old and rusty diversions, emphasizing the urgency of the restoration efforts. The aging ditch system many claim is inefficient, and might be losing a lot of water to leaks.
State hydrologist, Aryon Strauch. Photo: Raina Myers
Honopou kuleana lands resident Lyn Scott highlighted the educational value of the tour, appreciating the presence of EMI and the expertise of Mr. Strauch in addressing their questions. However, she also expressed a desire for more comprehensive changes that would include all streams, reflecting the ongoing concern about the invasive species prevalent in the area. Longtime resident Laf Young shared a poignant reflection on the decreasing rainfall in the Honopou valley over the past 50 years. This decrease in rainfall underscores the importance of restoring stream flow, especially in light of the volume of water historically diverted from East Maui. The conversations and observations during the tour brought into sharp focus the environmental and cultural significance of these streams.
Aryon Strauch, state hydrologist, emphasized the state's challenges in implementing the modifications approved by the State Water Commission. With only three hydrologists to manage data collection across all the islands, the process is complex and demanding. Strauch pointed out the need for more investment and innovation in stream flow gauging equipment, thanks in part to the Sierra Club continually advocating for more specific data about the streams. The commitment to restoring stream flow in East Maui remains steadfast, driven by the legal framework established by the Public Trust Doctrine and the dedicated advocacy of organizations like the Sierra Club.
Stream modification. Photo: Raina Myers
Ongoing Challenges and Community Efforts
The Sierra Club has petitioned for sensible limits on the amounts of stream water diverted from East Maui, especially since 13 important Huelo area streams in East Maui were never evaluated for their potential to be restored. It was not in keeping with Public Trust principles to allow them to be drained dry with no state oversight to balance the demands of Mahi Pono with the needs of the streams or adjoining communities. When the Land Board ignored this request, the Sierra Club took legal action, a process still pending in the courts.
In 2022, the Water Commission approved some restoration for 8 of the 13 streams, but the details were left to be worked out. Over the next year and a half, the Commission approved four permits involving plans for dozens of separate modifications on the various streams. Because these plans can be difficult to understand from seeing a slide at a Water Commission meeting, the Sierra Club insisted that a site visit be held for community members in the affected streams to see what those modifications actually looked like on the ground.
Stream flows are extremely important to Huelo residents for traditional and customary use, but also because the Huelo communities have no access to any county water supplies and depend upon these streams which literally pass through their backyards for domestic use. The site visit was very helpful to see what is being planned and to realize that the Water Commission is now moving more towards trying a more ecosystem-based view of stream restoration where possible—allowing the low flows to bypass any diversions and maintaining a more constant flow in the stream.
The persistent advocacy for the streams has resulted in more investment in data gathering. New stream flow gauges installed more recently were shown during the tour. When Na Moku started advocating for stream restoration in the early 1990s, there were only a few stream flow gauging stations on all of East Maui—Hanawi, Wailua Iki, and Honopou. Now, data is being collected on many more East Maui streams, a significant achievement driven by ongoing efforts to ensure accurate data for informed decision-making.
What's Left Unresolved?
Several unresolved questions remain: Will the proposed modifications work? Will the smart percentages of water returned be adequate to promote healthy streams and stream life? When will we get a timetable for when restoration will begin on each stream? Will there be more research to determine where the ditch systems can be improved to reduce leaks?
Celebrating Victories and Looking Forward
The Sierra Club's dedication to environmental stewardship and community education underscores the historic nature of this shift towards more just and sustainable water management practices in Maui. These rulings are not only a victory for environmental conservation but also for the preservation of traditional Hawaiian practices dependent on these water resources. By continuing to advocate for the implementation of the public trust doctrine and supporting local communities in their fight for water rights, the Sierra Club is helping to pave the way for a more equitable and environmentally sound future. Their work not only educates and empowers local communities but also holds powerful interests accountable, ensuring that Hawaiʻi's water resources are managed in a way that benefits all residents and preserves the natural environment.
Sierra Club volunteers and staff will be keeping watch. Please donate here to support our East Maui Eyes on the Streams efforts.