{"id":13883,"date":"2021-10-03T06:34:36","date_gmt":"2021-10-03T06:34:36","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=13883"},"modified":"2021-10-07T00:06:57","modified_gmt":"2021-10-07T00:06:57","slug":"commission-denies-mahi-ponos-bid-to-boost-its-na-wai-eha-allocation","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=13883","title":{"rendered":"Commission Denies Mahi Pono\u2019s Bid To Boost its Na Wai \u2018Eh\u0101 Allocation"},"content":{"rendered":"\n

The Water Commission\u2019s June decision and order on water use permits for the Na Wai \u2018Eh\u0101 surface water management area involved some very big last-minute changes<\/a>.<\/p>\n\n\n\n

Mahi Pono, LLC, which a few years ago purchased Alexander & Baldwin\u2019s former sugarcane lands in Central Maui with the intent to grow diversified crops there, had initially been awarded a permit for 15.65 million gallons of water a day (mgd). But the commission quickly \u201ccorrected\u201d its order to reflect its positions on system losses, alternative sources, and the acceptable amount of water needed for diversified crops.<\/p>\n\n\n\n

Mahi Pono ended up with a permit for just 4.98125 mgd.<\/p>\n\n\n\n

On July 8, the company filed a motion for partial reconsideration, which sought to amend its water allocation to 11.22 mgd. That\u2019s the amount Mahi Pono was to receive under a stipulation<\/a> reached by the company and the Office of Hawaiian Affairs, the Hui o Na Wai \u2018Eh\u0101, and the Maui Tomorrow Foundation shortly before final arguments in the contested case hearing on the water use permits.<\/p>\n\n\n\n

Mahi Pono\u2019s attorneys noted that the commission had encouraged and praised the stipulation.<\/p>\n\n\n\n

\u201cIn other words, at the urging of the Commission, Mahi Pono gave up its opportunity to move to reopen the contested case hearing to negotiate a settlement agreement to resolve the Community Groups\u2019 and OHA\u2019s assertions that only 4.68 mgd should be allocated to [Mahi Pono] and in which Mahi Pono agreed to significant commitments, only to end up with an allocation marginally higher than the Community Groups\u2019 and OHA\u2019s originally proffered allocation and less than half the amount agreed to by the parties in the Stipulation.<\/p>\n\n\n\n

\u201cTo prevent this substantial injustice, Mahi Pono respectfully requests that the Commission reconsider its D&O as amended by the Errata and adopt the terms set forth in the Stipulation,\u201d wrote the company\u2019s attorneys, David Schulmeister and Trisha Akagi, in their motion.<\/p>\n\n\n\n

In a September 22 minute order, commission chair Suzanne Case relayed the commission\u2019s denial of Mahi Pono\u2019s motion.<\/p>\n\n\n\n

\u201cThe Commission commends the parties for coming together to forge the Stipulation and hopes that Mahi Pono will continue to stand by the commitments made in the Stipulation. The Commission, however, has to consider the larger picture and its trust responsibilities to balance water use amongst users, uses, and resource protection,\u201d she wrote.<\/p>\n\n\n\n

She continued that the commission revised Mahi Pono\u2019s allocation because the commission had imposed a daily limit of 2,500 gallons per acre per day on other diversified agriculture permittees, and \u201cit was important to treat all diversified agriculture equally, regardless of size.\u201d<\/p>\n\n\n\n

The commission had also disagreed with the number of total acres to be irrigated by Mahi Pono. Rather than 3,740 acres, which is what the allocation in the stipulation was based on, the commission based its allocation on 3,650 acres.<\/p>\n\n\n\n

\u201cThe stipulation also allows Mahi Pono an additional 500 [gallons per acre per day] over the same 3,740 acres if it meets certain commitments. That is not acceptable as no other diversified agricultural user is allowed to increase its per-acre water usage,\u201d Case wrote.<\/p>\n\n\n\n

She also noted that Mahi Pono\u2019s revised allocation reflects its ability to pump water from one of its wells, and that the order allows permittees to divert water in excess of their permitted amounts in order to fill their reservoirs. \u201cThis would make additional water available for Mahi Pono,\u201d she wrote. <\/p>\n\n\n\n

\u2014Teresa Dawson<\/strong><\/p>\n\n\n\n

For Further Reading<\/p>\n\n\n\n