So much wasted water, so much made up data

Whew, another memorable East Maui streams contested case hearing under our belt. It was a doozy, but in a good way. A lot of new information was put on the record that proves that Alexander & Baldwin, Mahi Pono and East Maui Irrigation have time and time again failed to meet their burden of proof of exactly how much water they need and what exactly they use it for.

As always, David Kimo Frankel delivered a spot-on, moving argument for the protection of Maui’s streams and public trust resources. All the while, Mahi Pono and A&B were just going through the motions and counting down the minutes until this hearing was over. Given the history of water hand-outs, blank checks and the closed door environment that Suzanne Case created for this hearing, that doesn’t come as a surprise.

Here’s a quick recap of what we learned:
The state’s hydrologist agrees—the twelve forgotten Huelo streams need more water. Dr. Ayron Strauch, hydrologist for the water commission, testified to this point, although it fell on A&B’s deaf ears. Bottom line: too much water has been taken for too long and the native stream ecosystem and the residents along the stream are suffering.

A&B and Mahi Pono have not had any problems with operations since the 25 million gallon a day cap was imposed by Judge Crabtree in July. Previously in 2020, Mahi Pono testified that a cap would have a devastating impact on their production. There is even room within the 25mgd for Mahi Pono to expand its agricultural practices in 2022.

There is no evidence to show that A&B/Mahi Pono needs or even uses most of the water it diverts, which they claim is needed for historic and industrial uses, fire fighting, dust control, irrigation and reservoirs. In most cases, the amount of water is unsubstantiated and immensely overestimated. Even more water was wasted in the reservoirs, losing 50-70% of the water diverted, as the reservoirs couldn’t handle the capacity of the water sent daily. A&B’s claims that the excess water flows into the aquifer remains unproven. Regardless, streams shouldn’t be drained to charge the aquifer.

Mahi Pono pays a tenth of what Waiāhole kalo farmers pay for their water. Mahi Pono pays 4.8 cents per 1,000 gallons of water, while Waiāhole farmers pay 58 cents. Imagine the invasive species mitigation and watershed protection Department of Land and Natural Resources could do if Mahi Pono paid that same rate? And that they should.

In addition to conditions to address the excessive waste of water and degradation of native stream ecosystems, we are asking that the 25 million gallon a day cap remains on the twelve Huelo streams until the water commission rules on the petition for instream flow standards for these streams to prevent any further damage to the streams and ecosystems.

So what’s next? The parties will submit their findings of fact and other briefs, then the hearings officer, Suzanne Case, will make her recommendation to the Board of Land and Natural Resources (yes, of which she is also chair) and the board will vote on the recommendation. We are looking at getting a decision in the spring of 2022.