Fines for Farming in the Fight for Water?

In August, staff at Hawaiʻi’s water commission proposed fining John and Rose Marie Duey $4,500 for something they did 12 years ago—place a pipe in ‘Īao Valley’s Wailuku River to access water for their loʻi. The proposed fine was exorbitant and offensive. The Duey ʻohana are long-time kalo farmers and descendants of ‘Īao Valley who use traditional and customary methods to sustainably grow this staple of the Native Hawaiian diet. They are also genuine advocates for their community and stream restoration efforts throughout the islands.  In 2004, the Dueys joined many other community members in a legal action to restore stream flows to Nā Wai ʻEhā, Maui’s “Four Great Waters” of Waikapū, Wailuku, Waiehu, and Waihe‘e.  For over a century, private corporations have been draining these rivers and streams, destroying the native ecosystem and undermining constitutionally protected Native Hawaiian practices.  The case went all the way to the Hawaiʻi Supreme Court, where the plantation companies tried to block the case from even being heard.  But the high court, in its landmark 2012 decision, ruled that the Dueys and other ‘ohana had the right to enforce the law.  And in 2014, the diverters agreed to restore about 25 million gallons a day to the four rivers and streams, which are now flowing for the first time in 150 years.At around the same time that their legal battle began, the Dueys sought to reopen loʻi.  The Dueys’ mauka neighbor, however, had destroyed part of the ʻauwai system that traditionally brought water to their kuleana land.  After consulting with water commission staff, the Dueys placed a pipe in a small pond in the otherwise empty bed of the river to gather water for several small loʻi.So when water commission staff proposed fining the Dueys for their pipe, the community rushed to the Dueys’ defense.  Within days, testimony in support of the Dueys poured in by the hundreds, including letters from the Sierra Club, Office of Hawaiian Affairs, Department of Hawaiian Homelands, the Maui Mayor, and hundreds of advocates for the restoration of traditional kalo farming.  For over four hours, the appointed commission members heard oral testimony about all that the Dueys have done to support stream restoration efforts and their community.The commissioners were moved.  They listened to the testimony given, then questioned the staff and apologized to the Dueys. In their decision, the commissioners dropped the fine and ordered staff to develop an expedited permitting process for kalo farmers, to ensure others would not have to experience the same hardship. Over the years, the Dueys’ commitment to Nā Wai ʻEhā has not wavered and they continue to bring light and strength to Native Hawaiian rights to water.  As Uncle John reflects, “It’s been a long time and lots of pain, but I truly believe what we have gone through will help others down the road.”To learn more about the long battle to restore Nā Wai ʻEhā visit:  restorestreamflow.org