ACT NOW: A&B’s 30-year water lease is up for approval

There are TWO critical opportunities this week to shape the future of Maui’s water, and we urge you to submit testimony and attend both meetings! 

After decades of allowing stream diversions under “temporary” one-year permits, the Board of Land and Natural Resources (BLNR) is finally considering the approval of Alexander & Baldwin’s (A&B) request to divert water from Maui Hikina (East Maui) streams under a long-term lease this Friday. A&B is seeking to divert 85.23 million gallons of water a day from East Maui’s watersheds—significantly more than the 31.5 million gallons per day currently allowed under its existing permit—for the next 30 years.. As currently drafted, the lease focuses on providing water to A&B, East Maui Irrigation (EMI), and Mahi Pono for Central Maui lands, rather than prioritizing the health of East Maui streams and communities. It also fails to immediately address the excessive amount of water wasted by the diverters every day. The lease should not be approved as is.

This is happening despite the majority of Maui County voters expressing their preference for the long-term lease to be issued to the community-based East Maui Regional Community Water Authority, which was established under the county charter and is authorized to acquire the state lease.

The county’s water authority itself will also be holding a meeting on Wednesday, with BLNR Chair Dawn Chang expected to attend. This is a critical chance for the Maui community to show Chair Chang and the Green Administration that they support the water authority’s oversight of Maui’s waters, rather than continuing the corporate control that has persisted since the plantation era. 

Take a moment now to submit written testimony to both boards and plan to attend the meetings in-person or virtually. Below you’ll find all the details, talking points, sample testimony, and information on how we got here.

Our Water, Our Future—Act Now:

‘Aha Wai O Maui Hikina East Maui Regional Community Water Authority Meeting
Wednesday, September 25, 9am-12pm

Maui County Business Resource Center, Liquor Control Conference Room #212A (upstairs)
110 ʻAlaʻihi Street, Suite 209, Kahului, HI 96732
Attend virtually via Webex 
Meeting Id: 2663 930 0006, Password: E@st1, Access Code: 2663 930 0006
Join by Phone: 1-650-479-3208 (toll free)
Email testimony to board.EMRCB@mauicounty.gov
Talking points:

• Maui Public Hearing: Urge the state to hold a public meeting on Maui before making any decisions on the pending water lease. The Green Administration and its agencies should hear directly from Maui’s residents on Maui before making decisions that impact our water future.

• Upgrade System: The East Maui ditch system is outdated and leaky. With changing climate and rainfall patterns, improvements are needed to protect downstream communities and reduce water waste. The water authority is motivated and has access to potential public and private funding to upgrade the system, unlike Mahi Pono/EMI, won’t even acknowledge the system leaks and needs upgrades. A better system will secure water for the county, traditional East Maui communities, farmers, and ranchers.

• Uphold the Public Trust: The public trust doctrine supports a public agency like the water authority to take over the lease, not companies controlled by a foreign pension fund.

• Local Accountability: The local water authority is more likely to keep water rates fair compared to Mahi Pono/EMI, which is made up of out-of-state corporations registered in Delaware. The Canadian Public Sector Pension Investments Pension Fund holds a 99% interest in Mahi Pono and a 50% interest in EMI.

• Public Service vs. Profit: The water authority, as part of the County of Maui government, focuses on serving the public, unlike Mahi Pono/EMI, which is driven by profit for shareholders and beneficiaries.

• Fair Representation for Hawaiian Homes:  The Department of Hawaiian Home Lands has a dedicated seat on the water authority, unlike other state land use agencies. Beneficiaries trust the water authority to make fair decisions for homesteaders and support the transition of East Maui water to local control.

• Learn from Kula Well Schemes: Maui residents made it clear to the county water department that they did not want a mainland corporation creating private Kula wells and selling the water to the county at exorbitant rates. The state needs to hear the same message for East Maui—Maui needs the state to be a committed partner in transitioning East Maui’s water system to public management to prevent further privatization of our resources. 

Board of Land and Natural Resources Meeting
Friday, September 27, 9am

DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132
Attend virtually via Zoom or watch live on YouTube
Email blnr.testimony@hawaii.gov to request to testify via Zoom with your information, email address, and the agenda item you wish to testify on
Email testimony to blnr.testimony@hawaii.gov
NOTE: This is one of many items on the agenda. While requests will be made to move this agenda item forward, we recommend watching the livestream to stay up to date on the day’s agenda and/or to be prepared for a long day at the BLNR boardroom.
Sample testimony:

Aloha e Chair Chang and members of the Board of Land and Natural Resources,

I am writing to express my strong opposition to the approval of Alexander & Baldwin’s (A&B) request for a long-term lease to divert 85.23 million gallons of water per day from East Maui streams. This amount far exceeds the 31.5 million gallons per day currently allowed under their existing permit, which is based on water usage data from A&B, and would significantly harm the health of East Maui’s streams and communities for decades.

I urge the Board not to issue this long-term lease until A&B, East Maui Irrigation (EMI), and Mahi Pono take immediate steps to reduce the excessive water waste that is happening every day. It is unacceptable that such large quantities of water are being wasted while communities, farmers, and natural ecosystems struggle to get the water they need.

Additionally, I ask the Board to enforce compliance with the Water Commission’s order to restore more water to the diverted streams now, before any long-term lease is considered. A&B, EMI, and Mahi Pono must demonstrate that they can responsibly manage the water they are currently allowed to take before being granted more.

Lastly, the proposed lease does not reflect the will of Maui County voters, who made it clear that they want the long-term lease to be issued to the community-based East Maui Regional Community Water Authority.

Thank you for allowing me to testify on this important matter.

Sincerely,

[Your name]

Thank you for standing up for Maui’s water future. Please share this action alert with your friends and family and encourage them to submit testimony and attend the meetings!

Ola i ka wai, water is life. 

---

Background

Water resources in Hawaiʻi are held in public trust—wai belongs to everyone. However, since the sugar boom (that led to the illegal overthrow of the Hawaiian Kingdom), corporations like A&B have controlled Maui’s waters—even after the eventual fall of sugar in Hawaiʻi. 

For decades, communities across Maui have been fighting to regain control of the waters that they need to nourish their farms, watersheds and estuaries, homes, and families. While some have seen success with the return of water to their beloved streams, others continue to fight tirelessly. You can read more about these battles here. 

In 2018, A&B sold most of its Central Maui lands—once used for sugar—and 50% of EMI to Mahi Pono, an out-of-state corporation owned by the Canadian Public Sector Pension Investments Pension Fund, whose other investments have a poor track record in water management. $62 million of the $262 million sale is contingent upon A&B securing a long-term water lease, making it in their best interest to push this lease through, regardless of the community’s needs.

In 2022, Maui residents voted through a ballot initiative to establish the East Maui Regional Community Water Authority, providing the state with a better option for managing Maui Hikina waters. The authority has been diligently working to ready itself to take on the long-term lease and to secure a sustainable water future for Maui.