Hawaii Supreme Court Sides With Community Groups In Long-Running Maui Water Case
The ruling overturns a water commission decision that failed to return more flows to four Central Maui streams after the closure of a former plantation in 2016.
In a major blow to state water managers, Hawaii鈥檚 Supreme Court has sided with Native Hawaiian plaintiffs in a long-running case over stream flows in Central Maui.
Justice Sabrina McKenna authored the 134-page unanimous opinion, finding that the Commission on Water Resource Management failed to restore adequate streamflows to Waihee, Waiehu, Wailuku and Waikapu streams, collectively known as Na Wai Eha or the 鈥淔our Great Waters鈥 of Central Maui after closure of the former Hawaiian Commercial & Sugar plantation in 2016.
“Na Wai Eha, specifically Wailuku River, are considered blue-ribbon streams. They provide not just an abundant amount of water but they have an extensive native ecosystem and provide more than 65% of the water for the entire island,” said Hokuao Pellegrino, president of Hui o Na Wai 驶Eha, in a phone call on Monday.
In last Thursday鈥檚 high court decision, the justices that the commission did not protect the rights of Native Hawaiians, like Pellegrino, who are dependent on stream flows for a variety of purposes as required by the state constitution. These protected activities include kalo farming and gathering, fishing and recreation.
After the HC&S plantation closed, the commission retained existing flow levels in a 2021 decision rather than take 鈥渢he historic opportunity鈥 to restore water to the four streams of Na Wai Eha, according to the ruling. That decision 鈥渁ppears to have resulted from passive failure to take the initiative to protect the public trust in light of HC&S鈥檚 closure.”
鈥淲e are grateful that the supreme court continues to understand that the health and well-being of our community is directly linked to the health and well-being of our 驶aina, wai and kai,鈥 said Pellegrino in a news release. 鈥淭his ruling once again makes clear that the protection of our streams and kuleana kalo farmers鈥 rights is of utmost importance. It further speaks to the resiliency of the Na Wai 驶Eha community and our commitment to malama our water resources, increase kalo production and revive mauka-to-makai native ecosystems.鈥澛
Earthjustice, an environmental law firm, brought the case on behalf of Hui o Na Wai 鈥楨ha and Maui Tomorrow Foundation. The Office of Hawaiian Affairs joined in the case along with the other plaintiffs.
鈥淲hen we began this fight two decades ago, Na Wai 鈥楨ha were drained dry for private profit, but this latest ruling by the supreme court further turns the flow of history toward justice,鈥 said Earthjustice attorney Isaac Moriwake in the news release.
The court鈥檚 decision comes almost 20 years to the day when the Maui community groups sued the state over its handling of water in Na Wai 鈥楨ha on June 25, 2004.
In this latest ruling, the court sent the case back to the water commission to properly restore Na Wai 鈥楨ha stream flows.
“This makes it crystal clear to them what they have to do,” said Pellegrino by phone.
Civil Beat’s coverage of Maui County is supported in part by a grant from the Nuestro Futuro Foundation.
Civil Beat’s coverage of environmental issues on Maui is supported by grants from the Center for Disaster Philanthropy and the Hawaii Wildfires Recovery Fund, the Knight Foundation and the Doris Duke Foundation.
Read the ruling here:
