WAI-TAL MAUI UPDATES
November 2024 -
DLNR Boardroom, Kalanimoku Bldg.
ZOOM LINK: https://us06web.zoom.us/j/82367316378
LIVE STREAM: https://youtube.com/live/GzR9wywAyqU
Maui County Mayor’s Letter to BLNR
UPDATED ACTION ALERT •
TESTIMONY NEEDED FOR THE BOARD OF LAND AND NATURAL RESOURCES MEETING THIS FRIDAY TO STOP EAST MAUI WATER FROM BEING HANDED OVER IN A WAY THAT WOULD HARM MAUI STREAMS AND COMMUNITIES.
Nine weeks ago, Dawn Chang attempted to secure East Maui’s water resources for 30 years
On September 20, without prior notice, the Green Administration and Dawn Chang added an item to the September 27 Board of Land and Natural Resources (BLNR) agenda proposing a 30-year “water license” to a foreign company operating as Mahi Pono.
When Alexander & Baldwin (A&B) sold 41,000 acres to Mahi Pono in December 2018 for $261.5 million, they promised a $62 million refund if Mahi Pono didn’t secure a 30-year lease for at least 30 million gallons per day (mgd) by December 17, 2026.
This rushed attempt to hand over public trust resources violated legal standards in multiple ways. It proceeded without an appraisal, while new stream flow standards were still being set, and before the Department of Hawaiian Home Lands had reserved water rights. It would have also prevented the `Aha Wai o Maui Hikina (East Maui Water Authority Regional Community Board), established by a charter amendment approved by 64% of Maui voters in 2022, from fulfilling its mandate to bring Maui’s largest water system under public control after a century of private control.
On September 25, Dawn Chang appeared at a scheduled meeting of the Aha Wai o Maui Hikina. Chang faced questions she was unable to answer from the Aha, and over 150 testimonies were submitted against her proposal.
Five weeks ago, she pledged to defer her proposal
In response to a letter from Maui Mayor Bissen, Chang announced a delay on September 24, citing the Mayor’s request. She stated, “Withdrawing item D-12 allows us to respect the newly established local water authority on Maui and to explore long-term partnerships that address public and private interests depending on this important water resource… to ensure water for future generations.”
Last week, Chang reversed her position
On Friday, November 1, Chang added a nearly unchanged proposal to the agenda for the BLNR meeting on Friday, November 8. The proposal seeks authorization for a contested case for a 30-year license to Mahi Pono, while vaguely suggesting a potential negotiation to transfer water interests to Maui County and the `Aha.
However, this is misleading, as the legal rules of a contested case would prevent Maui County from negotiating a transfer while also engaged in a contested case over the same issue.
Submit Testimony for the Board of Land & Natural Resources meeting this Friday, November 8th.
August 2024 - What’s really upsetting is that, even with the tragedies caused by poor management of our water, those in power still seem more focused on money and politics rather than the well-being of Hawaiʻi, our ʻāina, and wai.
Over the last month, there’s been a lot of movement, but also a lot of inaction regarding our water future:
Water Commission Loea Seat Vacant
Another month has passed, and the Water Commission’s important loea seat, reserved for a Native Hawaiian water management expert, is still empty because Governor Green hasn’t filled it. On September 30, a letter from 74 different organizations was delivered to him, urging the immediate appointment of a loea. Even though a nominating committee submitted four candidates back in February, the Governor hasn’t acted, and now there are only two names left to choose from. But instead of selecting from these names, he claims he can restart the process, which the law doesn’t allow. This is a dangerous precedent that could lead to future governors avoiding the right candidates to fit their political interests, which has been a long-standing issue for Hawaiʻi, our ecosystems, and our people.
We need this seat filled now. Important decisions are coming, and without a loea on the commission, Native Hawaiian water rights and knowledge may not be properly represented. Contact Governor Green and urge him to fill this seat immediately.
Public Water in Public Hands: The East Maui 30-Year Lease
In 2022, Maui voters established the East Maui Community Water Authority, now called ‘Aha Wai o Maui Hikina, to provide a publicly-owned option for a long-term water lease. This was to ensure that water diversions from East Maui wouldn’t continue to be controlled by powerful companies like Alexander & Baldwin or Mahi Pono.
But despite the voters’ decision, the Department of Land and Natural Resources (DLNR) chair, Dawn Chang, approved a recommendation to give these same companies a 30-year lease to divert millions of gallons of water each day, without considering the concerns of the water authority or the community.
Thankfully, after hearing opposition from the community and local officials, including Mayor Richard Bissen, Chair Chang withdrew the recommendation. But the fight isn’t over.
Upcoming Decisions on Revocable Permits and Court Hearing
We’ll soon see proposals to continue the water diversions under new permits for 2025, and the BLNR will need to decide if they will finally stand up for Hawaiʻi’s public trust and address the corporate control of our water. On November 21, the Hawaiʻi Supreme Court will hear a case on the 2024 permits. Let’s stay involved and make sure our voices are heard in protecting the future of our streams and wai for the next generations.
The public trust in our water, that recognizes the preciousness of this source of life, is more important to uphold now than ever before. As you all probably know, the destabilization of our climate means that achieving water security must be paramount, and that our best chance of a livable future means restoring ʻōiwi science, practices, and values in the management of our ʻāina and wai. The predatory disaster capitalism reflected in what is coming out of West Maui strikes an unacceptable blow to the future of our children and our home.