Here are several highlights of the Supreme Court’s decision on the Waiahole contested case appeal:<\/p>\n
Interim instream flow standards<\/b>: The commission was instructed to designate the instream flow standards for windward streams “based on the best information available” instead of just using whatever was left over after permits had been issued.<\/p>\n
2,500-gallon-per-acre-per-day for leeward irrigation<\/b>: The court ordered the commission to reconsider this standard.<\/p>\n
Use of groundwater for agriculture<\/b>: The court rejected the commission’s decision to omit consideration of groundwater for irrigation use by Campbell Estate and Pu`u Makakilo, both of which have permits to use groundwater.<\/p>\n
Allocation of water to three Campbell Estate tenants<\/b>: The court determined that the commission had insufficient evidence to justify its allocation of water to ICI Seeds, Circle “C” Ranch, and Gentry Development Company. This issue was remanded to the commission.<\/p>\n
The 12-month moving average measure of use<\/b>: The commission did not address the practical effect of this measurement system on the base flows of windward streams, the court ruled. The commission was ordered to reconsider this standard.<\/p>\n
Assignment of an agricultural use “buffer”<\/b>: The commission designated 5.39 million gallons a day of windward water as available for future agricultural use. “Nothing in the code authorizes such a measure,” the court found.<\/p>\n
Volume 11, Number 5 November 2000<\/p>\n","protected":false},"excerpt":{"rendered":"
Here are several highlights of the Supreme Court’s decision on the Waiahole contested case appeal: Interim instream flow standards: The commission was instructed to designate the instream flow standards for windward streams “based on the best information available” instead of … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[296],"tags":[],"class_list":["post-3267","post","type-post","status-publish","format-standard","hentry","category-november-2000"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/3267","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3267"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/3267\/revisions"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3267"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3267"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3267"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}