Commission on Water Resource Management

CCH-MA13-01

Petition to Amend Interim Instream Flow Standards for Honopou, Hanehoi/Puolua, Waikamoi, Alo, Wahinepee, Puohokamoa, Haipuaena, Punalau/Kolea, Honomanu, Nuaailua, Piinaau, Palauhulu, Ohia (Waianu), Waiokamilo, Kualani (Hamau), Wailuanui, Waikani, West Wailuaiki, East Wailuaiki, Kopiliula, Puakaa, Waiohue, Paakea, Waiaaka, Kapaula, Hanawi, and Makapipi Streams

The Commission maintains and monitors these gages, installed by the U.S. Geological Survey, on several East Maui streams like this one on East Wailuaiki Stream.

East Maui Irrigation Company adjusted diversion sluice gates to comply with the seasonal instream flow standards set by the Commission in May 2010.

Hearing Schedule

Date	Action
Nov. 29, 2017	Commission Site Visit of East Maui
Oct. 9, 2017 5:00 p.m.	Oral Arguments Haiku Community Center Pilialoha St., Haiku, HI 96708

Commission Orders

Date	Action
Nov. 21, 2017	Order Regarding Re-Scheduled Site Visit
Aug. 31, 2017	Order Regarding Further Deadlines, Site Visit and Oral Argument

Minute Orders

Date	Action
Aug. 2, 2017	Minute Order 29: Hearings Officer’s Amended Proposed Findings of Fact, Conclusions of Law, & Decision and Order
July 28, 2017	Minute Order 28: Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order
May 31, 2017	Minute Order 27: Second Amended Deadlines for Submission of Proposed Findings of Fact, Conclusions of Law and Decision and Order and Objections
Apr. 12, 2017	Minute Order 26: Department of Water Supply, County of Maui Letter Dated April 5, 2017
Mar. 31, 2017	Minute Order 25: Amended Deadlines for Submission of Proposed Findings of Fact, Conclusions of Law and Decision and Order and Objections
Mar. 6, 2017	Minute Order 24: Deadlines for Submission of Proposed Findings of Fact, Conclusions of Law and Decision and Order and Objections
Jan. 31, 2017	Minute Order 23: Schedule for the Re-opened Hearing
Nov. 30, 2016	Minute Order 22: Revised Schedule for the Re-opened Hearing
Sep. 8, 2016	Minute Order 21: Schedule for the Re-opened Hearing
May 31, 2016	Minute Order 20: Deadline for Motions on Scope of Re-Opened Hearing
Apr. 1, 2016	Minute Order 19: Summary of Conference and Re-Opened Hearing
Mar. 10, 2016	Minute Order 18: Re-opening of Hearing for Limited Purposes
Jan. 21, 2016	Minute Order 17: Correction to Minute Order 16 to Amend the Deadline to File Written Exceptions to the Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order
Jan. 15, 2016	Minute Order 16: Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order (10.5 MB)
Aug. 3, 2015	Minute Order 15: Deadline to Submit Proposed Findings of Fact (FOF), Conclusions of Law (COL), and Decision and Order (D&O)
Feb. 10, 2015	Minute Order 14: Prehearing conference scheduled for February 20, 2015.
Jan. 7, 2015	Minute Order 13: Caption for the Contested Case Hearing
Dec. 4, 2014	Minute Order 12: Second Amended Hearing Schedule and Notice of Hearing.
Dec. 4, 2014	Minute Order 11: Order re Standing of Paisner, Blumer-Buell, and Nikhilananda
Oct. 28, 2014	Minute Order 10: Notice of Standing Hearing for November 13, 2014
Sep. 9, 2014	Minute Order 9: Amended Scope of Hearing, Case Caption, and Hearing Schedule
Jun. 9, 2014	Minute Order 8: Reinstatement of Maui Tomorrow Foundation, Inc. as a Party in the Contested Case Hearing Proceedings
May 28, 2014	Minute Order 6: Withdrawal of Maui Tomorrow Foundation, Inc. from the Contested Case Proceedings.
May 1, 2014	Minute Order 5: Prehearing Conference Scheduled for May 14, 2014
Apr. 21, 2014	Minute Order 4: Hearing Schedule.
Apr 21, 2014	Minute Order 3: Notice of Hearing
Apr. 21, 2014	Minute Order 2: Parties granted standing to participate in the contested case hearing.
Feb. 25, 2014	Minute Order 1: Prehearing conference scheduled for March 4, 2014.

Hearing Information

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Date	Action
June 20, 2018	Commission’s Findings of Fact, Conclusions of Law, & Decision and Order (1.3 MB)
Sep. 15, 2017	Objections to Exceptions to the Hearings Officer’s Amended Proposed Findings of Fact, Conclusions of Law, and Decision and Order. Hawaiian Commercial & Sugar Company (1.1 MB) Maui Department of Water Supply Maui Tomorrow Foundation, Inc. – Exceptions of HC&S Maui Tomorrow Foundation, Inc. – Exception of MDWS Native Hawaiian Legal Corporation Site visit submissions by the Parties. Maui Tomorrow Foundation, Inc. Native Hawaiian Legal Corporation
Sep. 1, 2017	Exceptions to the Hearings Officer’s Amended Proposed Findings of Fact, Conclusions of Law, and Decision and Order. Hawaiian Commercial & Sugar Company Maui Department of Water Supply (2.6 MB) Maui Tomorrow Foundation, Inc. General Exceptions (1.6 MB) Maui Tomorrow Foundation, Inc. Specific Exceptions Native Hawaiian Legal Corporation (2.0 MB) Site Visit Submissions by Parties. Maui Tomorrow Foundation, Inc. Native Hawaiian Legal Corporation
Aug. 2, 2017	Hearings Officer’s Amended Proposed Findings of Fact, Conclusions of Law, & Decision and Order (4.7 MB)
July 28, 2017	Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order (4.3 MB)
June 19, 2017	Objections to Proposed Findings of Fact, Conclusions of Law, and Decision and Order. Hawaiian Commercial & Sugar Company (HC&S) Objections to Proposed Findings of Fact, Conclusions of Law, and Decision and Order of Na Moku Aupuni O Koolau Hui and Maui Tomorrow Foundation Maui Department of Water Supply (MDWS) Responses and Objections to Proposed Findings of Fact, Conclusions of Law, and Decision and Order of Maui Tomorrow Foundation, Inc. Responses and Objections to Na Moku Aupuni O Koolau Hui, Lurlyn Scott, and Sanford Kekahuna’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order Maui Tomorrow Foundation, Inc. (MTF) Exceptions/Objections to Hawaiian Commercial and Sugar Company’s Brief in Support of Its Amended Proposed Findings of Fact and Conclusions of Law Exception/Objections to Hawaiian Commercial and Sugar Company’s Amended Proposed Findings of Fact and Conclusions of Law Exception/Objections to County of Maui, Department of Water Supply’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order Native Hawaiian Legal Corporation (NHLC) Objections to Hawaiian Commercial and Sugar Company’s Brief in Support of Its Amended Proposed Findings of Fact and Conclusions of Law Objections to Hawaiian Commercial and Sugar’s Submission of Amended Proposed Findings of Fact and Conclusions of Law Objections to County of Maui, Department of Water Supply’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order
June 7, 2017	Proposed Findings of Fact, Conclusions of Law, and Decision and Order. Hawaiian Commercial & Sugar (HC&S) HC&S Brief In Support Maui Department of Water Supply (MDWS) Maui Tomorrow Foundation, Inc. (MTF) Native Hawaiian Legal Corporation (NHLC)
Jan. 20, 2017	Rebuttal briefs, witness lists, and witness statements and exhibits. Hawaiian Commercial & Sugar (HC&S) Rebuttal Brief (3.3 MB) Exhibit List Witness List Maui Department of Water Supply (MDWS) Rebuttal Brief Exhibit List (5.0 MB) Maui Tomorrow Foundation, Inc. (MTF) Rebuttal Brief Declarations Exhibit List and Exhibits (3.8 MB) Witness List Native Hawaiian Legal Corporation (NHLC) Rebuttal Brief
Jan. 6, 2017	Responsive briefs, witness lists, and witness statements and exhibits. Hawaiian Commercial & Sugar (HC&S) Responsive Brief Maui Department of Water Supply (MDWS) Responsive Brief, Declarations, and Exhibits (5.2 MB) Exhibit List Maui Tomorrow Foundation, Inc. (MTF) Responsive Brief Declarations (1.2 MB) Exhibit List and Exhibits (8.3 MB) Witness List Native Hawaiian Legal Corporation (NHLC) Responsive Brief (1.5 MB) Exhibit List Witness List
Oct. 17, 2016	Opening statements, opening briefs, witness lists, and witness statements and exhibits to the Commission. Hawaiian Commercial & Sugar (HC&S) Opening Brief Witness List Exhibit List (4.2MB) Corrected Exhibit C-156 (11/01/2016) Maui Department of Water Supply (MDWS) Opening Brief Witness List Exhibit List (8.8 MB) Declarations Maui Tomorrow Foundation, Inc. (MTF) Opening Statement and Brief Witness List Exhibit List (12.7 MB) Declarations Commission on Water Resource Management (CWRM) Testimony of Dr. Ayron Strauch
Aug. 26, 2016	Motions to Reconsider the Order Regarding the Scope of the Re-Opened Hearing to Address the Cessation of Sugar Operations by HC&S . Maui Tomorrow Foundation, Inc. Native Hawaiian Legal Corporation
Jul. 18, 2016	Commission issues Order Re Interim Restoration of Stream Flow.
Jun. 10, 2016	Response to Hearings Officer’s Amended Recommendation re Interim Restoration of Stream Flow (dated May 31, 2016) County of Maui, Department of Water Supply Maui Tomorrow Foundation, Inc. Native Hawaiian Legal Corporation
Jun. 9, 2016	Motions on Scope of Re-Opened Hearing (Set forth in Minute Order No. 20, dated May 31, 2016) County of Maui, Department of Water Supply Maui Tomorrow Foundation, Inc. Native Hawaiian Legal Corporation
May 31, 2016	Hearing Officer’s Amended Recommendation Re Interim Restoration of Stream Flow
Apr. 21, 2016	Response to the Hearings Officer’s Recommendation (dated April 1, 2016). Hawaiian Commercial & Sugar Company
Apr. 18, 2016	Response to the Hearings Officer’s Recommendation (dated April 1, 2016). Native Hawaii Legal Corporation Maui Tomorrow Foundation, Inc.
Apr. 1, 2016	Hearings Officer’s Recommendation Re Interim Restoration of Stream Flow
Feb. 29, 2016	Written Exceptions to the Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order due to the Commission. Hawaiian Commercial & Sugar Maui Tomorrow Foundation, Inc. Native Hawaiian Legal Corporation
Jan. 15, 2016	Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order (10.5 MB)
Oct. 2, 2015	Parties’ Proposed Findings of Fact, Conclusions of Law, and Decision and Order. Hawaiian Commercial & Sugar Brief Hawaiian Commercial & Sugar Native Hawaiian Legal Corporation and Maui Tomorrow Foundation, Inc. County of Maui, Department of Water Supply
Feb. 10, 2015	Rebuttal Briefs, Witness Lists, Witness Statements, and Exhibits due to the Commission. Maui Department of Water Supply (MDWS) Rebuttal Brief Declarations Second Supplemental Exhibit List (5.0 MB) Exhibits (13.3 MB) Hawaiian Commercial & Sugar Company (HC&S) Rebuttal Brief Second Amended Witness List Second Amended Exhibit List Exhibits (66.5 MB) Maui Tomorrow Foundation, Inc. (MTF) Rebuttal Statement and Brief Declarations Exhibit List Exhibits Native Hawaiian Legal Corporation (NHLC) Rebuttal Brief Declarations Rebuttal Exhibit List Exhibits (4.4 MB)
Jan. 27, 2015	Responsive Briefs, Witness Lists, Witness Statements and Exhibits due to the Commission. Maui Department of Water Supply (MDWS) Responsive Brief Supplemental Witness List Declarations Supplemental Exhibit List and Exhibits Hawaiian Commercial & Sugar Company (HC&S) Responsive Brief First Amended Witness List First Amended Exhibit List Exhibits (147.1 MB) Maui Tomorrow Foundation, Inc. (MTF) Responsive Statement and Brief Exhibit List Exhibits Native Hawaiian Legal Corporation (NHLC) Responsive Brief Declarations First Supplemental Exhibit List Exhibits (10.8 MB)
Dec. 30, 2014	Opening Statements, Opening Briefs, Witness Lists, Witness Statements, and Exhibits due to the Commission. John Blumer-Buell Opening Statement (5.5 MB) Exhibits Maui Department of Water Supply (MDWS) Opening Statement and Opening Brief (3.0 MB) Witness List Declarations (1.7 MB) Exhibit List Exhibits (54.2 MB) Hawaiian Commercial & Sugar Company (HC&S) Opening Brief Witness List Exhibit List Exhibits (207.8 MB) Maui Tomorrow Foundation, Inc. (MTF) Cover Letter Opening Statement and Opening Brief Witness List Declarations (1.2 MB) Exhibit List Exhibits (47.6 MB) Native Hawaiian Legal Corporation (NHLC) Opening Statement and Opening Brief Witness List Declarations Exhibit List Exhibits Jeffrey Paisner Witness List Declarations Exhibit List Exhibits Testimony requested by the Hearings Officer, Dr. Lawrence H. Miike. Testimony by the Commission on Water Resource Management (53.9 MB) Testimony by the Division of Aquatic Resources (12.5 MB) Testimony by Dr. James E. Parham (6.6 MB) Testimony by the U.S. Geological Survey

Denial of Petition and Subsequent Appeal

Date	Action
Nov. 30, 2012	The Intermediate Court of Appeals vacated the Commission decision and ordered that a contested case hearing be held (Case No. CAAP-10-0000161, 128 Hawaiʻi 497). View the Intermediate Court of Appeals Opinion
Oct. 18, 2010	The Commission denied a petition for a Contested Case Hearing. View the Minutes of the Commission Meeting Denying the Petition for a Contested Case Hearing

Date

Action

Nov. 30, 2012

The Intermediate Court of Appeals vacated the Commission decision and ordered that a contested case hearing be held (Case No. CAAP-10-0000161, 128 Hawaiʻi 497).

View the Intermediate Court of Appeals Opinion

Oct. 18, 2010

The Commission denied a petition for a Contested Case Hearing.

View the Minutes of the Commission Meeting Denying the Petition for a Contested Case Hearing