A&B ordered to further reduce East Maui stream diversion
Court cites data that shows A&B doesn’t need 25 million gallons a day
HONOLULU, Hawaiʻi (April 28, 2022) – On Tuesday, the Environmental Court again reduced the amount of water Alexander & Baldwin and East Maui Irrigation Company will be allowed to divert from East Maui streams, as its revocable permits to continue its diversions for 2021 and 2022 remain subject to contested case hearing proceedings.
After reviewing water usage data from the East Maui Irrigation Company, the Environmental Court authorized the diversion of 20 million gallons of water per day, a reduction from the 25 million gallons a day limit it imposed in July 2021. This new diversion cap will be in place for the next 45 days or until the Board of Land and Natural Resources renders a decision in the contested case brought forward by the Sierra Club of Hawaiʻi regarding the 2021 and 2022 revocable permits for a dozen East Maui streams.
“This is a big deal. This goes to show exactly how important the documentation of water usage is and why we’ve advocated for such data for years,” said Wayne Tanaka, Sierra Club of Hawaiʻi director. “Over the next 45 days, 225 million gallons of water will no longer be at risk of diversion to fill A&B’s leaky reservoirs and aging infrastructure. This water will stay in its rightful streams and go on to supply much needed nourishment to native ecosystems and downstream communities.”
Tuesday’s hearing was part of a lengthy legal battle between the Board of Land and Natural Resources and the Sierra Club of Hawaiʻi over a contested case regarding the questionable issuance of revocable permits for the continued diversion of East Maui streams.
In November 2020, the Board of Land and Natural Resources issued revocable permits to A&B and East Maui Irrigation Company, permitting the baseless take of 45 million gallons of water from East Maui streams. The Sierra Club was denied its request for a contested case over these permits and challenged the denial in court.
The Environmental Court went on to rule that the BLNR improperly denied the Sierra Club’s constitutional right to that contested case hearing. Last July, the court ordered the Board of Land and Natural Resources to hold the contested case as soon as possible and in the interim capped the diversions at 25 million gallons a day instead of the 45 million gallons authorized by BLNR. In placing this cap, which was advocated for by the Sierra Club, Judge Crabtree noted that Sierra Club was the only party to offer the court “concrete and specific options and support for how to modify the defective permits and not leave a vacuum until BLNR conducts a contested case hearing.”
The Board of Land and Natural Resources is expected to issue a decision in the Sierra Club’s contested case hearing in the next few weeks.
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