Action Needed to Protect East Maui Waters

Written testimony is due by Thursday, Nov. 7 at 9:00 a.m.
Verbal testimony can be given on Friday, Nov. 8 at 9:00 a.m.

Thank you to the Sierra Club of Hawaiʻi for providing this information.

In September, communities from Maui and across Hawaiʻi united to oppose a proposal that would have allocated over 85 million gallons per day of East Maui’s water for 30 years to the real estate investment trust (Alexander & Baldwin) and the Canadian pension fund (Mahi Pono).

Our efforts led Board of Land and Natural Resources (BLNR) Chair Dawn Chang to withdraw this proposal. However, a new, similarly concerning agenda item (D4) has now been submitted for consideration at the BLNR meeting on Friday, November 8.

We need your help to protect Maui’s water and future by urging the BLNR to reject this proposal.

Key Concerns:

• Water Allocation Exceeds Availability: The proposal requests more water than would be sustainable under the updated interim instream flow standards from the Water Commission (CWRM).
• No Incentives to Implement Flow Standards or Prevent Waste: The proposal lacks measures to enforce flow standards or address significant water waste.
• Public Trust Rights Not Prioritized: The proposal bypasses negotiations with ‘Aha Wai o Maui Hikina (East Maui County Water Authority) and could grant a license to private corporations without ensuring public benefit.

How to Submit Testimony in Opposition to Agenda Item D-4:

1. Written Testimony: Email blnr.testimony@hawaii.gov by Thursday, November 7 at 9:00 a.m.
   • Subject line: “Testimony in Opposition to Agenda Item D-4”
   • To provide virtual verbal testimony, include your request to testify via Zoom in your email, and they will respond with a Zoom link.
2. In-Person Testimony: 1151 Punchbowl St., Room 132 (Kalanimoku Building), Honolulu.

BLNR Meeting Details:

• Date: November 8, 2024
• Time: 9:00 a.m.
• Location: DLNR Boardroom, Kalanimoku Building, Honolulu & via Zoom Link (Meeting ID: 823 6731 6378)
• Livestream: YouTube Live

Sample Talking Points:

1. EMWA Needs Time to Operate Fully

• EMWA is a new agency just getting started; it should be given a chance to implement its plans and policies effectively.

2. Delay Contested Case

• Initiating a contested case now is premature; it would be more responsible to wait until EMWA is fully up and running. There’s no valid reason to rush this process.

3. Inappropriate Water Proposal

• The current proposal requests more water than stream flow standards allow, making it unsuitable at this stage.

4. Fulfill CWRM’s Orders First

• No long-term water disposition should be issued until the Commission on Water Resource Management’s (CWRM) stream flow standards are met. Modifications ordered in 2018 and 2022 to East Maui stream diversions have not been completed, which impacts cultural and ecological values.

5. Prioritize Public Trust in Water Negotiations

• BLNR must negotiate with the County Water Authority before considering any agreements with private entities. Public access to water is protected by law and holds priority over private interests.

6. Appraisal Before Long-Term Disposition

• An appraisal of the water resources is legally required and should occur before any discussions on a 30-year water license begin to ensure transparency and informed decision-making.

7. Transparency in Negotiations

• Key terms related to watershed management and stream monitoring must be disclosed before any BLNR action. No behind-closed-doors negotiations should occur for public resources.

8. Reduce System Losses and Address Wastage

• The proposed license fails to address excessive water losses in the diversion system. CWRM has recommended infrastructure improvements to prevent these losses, which must be prioritized.

9. Sensible Allocation for Irrigation

• The proposed allocation for irrigation is excessive and should reflect the actual needs of Mahi Pono’s crops. Additionally, existing groundwater resources should be used to reduce the demand for stream water.

10. Limit Water Allocations to County

• The proposed allocation to the County exceeds historical usage, leading to potential wastage. Any allocations should be based on actual, demonstrated need.

Sample Testimony:

Aloha Chair Chang and Members of the BLNR,

My name is _________ and I strongly OPPOSE the recommendation in agenda item D-4. 

The proposed long-term disposition in this agenda item is premature and threatens to only create more conflict and uncertainty over Maui’s water resources. The proposal would authorize more water to be diverted than would be available after the Water Commission’s amended interim instream flow standards are implemented; ignores the still-unfulfilled need to implement these flow standards, which are critical to stopping the ongoing harm being inflicted on East Maui’s streams, watersheds, and estuaries; turns a blind eye to the significant and ongoing waste of public trust water, including from leaky unlined reservoirs; and fails to give the ‘Aha Wai o Maui Hikina a fair chance at negotiating for the disposition of Maui Hikina’s streams, before launching a contested case hearing over a potential water license to a real estate investment trust and Canadian pension fund with no duty to uphold the public trust or the public’s interests in their control over Maui’s water resources.

Please do not allow this recommendation to move forward, which would allow private corporate entities to continue to flaunt the public trust and state water code – including the Water Commission’s still-outstanding orders – while wasting potentially millions of gallons of water per day with no consequence.

Mahalo nui for your consideration of this testimony.  

Sincerely,

[Your name]

Mahalo nui loa for your time and dedication to protecting our waters. Let’s unite and amplify our voices—together, we can drive the change that politicians can’t ignore.