Trial Court to Vacate East Maui Diversion Permits
Court ruled BLNR failed to respect rights of those seeking to protect streams
HONOLULU, HAWAIʻI (Monday, May 31, 2021) -- A circuit court judge is poised to vacate Alexander & Baldwin’s revocable permits to divert up to 45 million gallons per day from dozens of streams in east Maui.
Last November, the Sierra Club requested a contested case hearing on Alexander & Baldwin and East Maui Irrigation’s request to continue using approximately 33,000 acres of public land and to divert 45 million gallons per day from dozens of east Maui streams for the year 2021. The board denied the Sierra Club’s request and approved the continuation of the permits.
The Sierra Club appealed. On Friday, the circuit court concluded that the board violated the Sierra Club’s due process rights. The court ordered that the Board of Land and Natural Resources hold a contested case hearing as soon as practicable. It also vacated the revocable permits effective June 30, 2021 unless the court is provided a formal request to stay his order.
According to the Sierra Club’s attorney, David Kimo Frankel, “The court’s order means that for the first time, the Board of Land and Natural Resources will be required to make A&B fulfill its burden of proof before receiving any permits to use public resources. It also means that the Sierra Club will be given an opportunity to show how much harm the diversion of our streams is causing. A&B cannot justify draining streams dry when most of the water it takes is wasted.”
Sierra Club Director Marti Townsend added, “The court’s decision does not jeopardize upcountry users of east Maui water. The Sierra Club has repeatedly committed to ensuring that water continues to flow to domestic users of the water like those in Upcountry.”
Lucienne de Naie, a resident of east Maui and a user of stream water said, “Our East Maui communities, who depend upon the dozen streams left out of previous restoration decisions, will finally have a chance to make a case to restore the life-giving waters to our streams and fisheries."
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