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

Stream gage on East Wailuaiki Stream 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.
Stream gage 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.

Site visit submissions by the Parties.
Sep. 1, 2017

Exceptions to the Hearings Officer’s Amended Proposed Findings of Fact, Conclusions of Law, and Decision and Order.

Site Visit Submissions by Parties.
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)

Maui Tomorrow Foundation, Inc. (MTF)

Native Hawaiian Legal Corporation (NHLC)
June 7, 2017

Proposed Findings of Fact, Conclusions of Law, and Decision and Order.
 Jan. 20, 2017

Rebuttal briefs, witness lists, and witness statements and exhibits.

Hawaiian Commercial & Sugar (HC&S)

Maui Department of Water Supply (MDWS)

Maui Tomorrow Foundation, Inc. (MTF)

Native Hawaiian Legal Corporation (NHLC)
Jan. 6, 2017

Responsive briefs, witness lists, and witness statements and exhibits.

Hawaiian Commercial & Sugar (HC&S)

Maui Department of Water Supply (MDWS)

Maui Tomorrow Foundation, Inc. (MTF)

Native Hawaiian Legal Corporation (NHLC)
Oct. 17, 2016

Opening statements, opening briefs, witness lists, and witness statements and exhibits to the Commission.

Hawaiian Commercial & Sugar (HC&S)

Maui Department of Water Supply (MDWS)

Maui Tomorrow Foundation, Inc. (MTF)

Commission on Water Resource Management (CWRM)
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 .
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)
Jun. 9, 2016

Motions on Scope of Re-Opened Hearing (Set forth in Minute Order No. 20, dated May 31, 2016)
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).
Apr. 18, 2016

Response to the Hearings Officer’s Recommendation (dated April 1, 2016).
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.
 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.
Feb. 10, 2015

Rebuttal Briefs, Witness Lists, Witness Statements, and Exhibits due to the Commission.

Maui Department of Water Supply (MDWS)

Hawaiian Commercial & Sugar Company (HC&S)

Maui Tomorrow Foundation, Inc. (MTF)

Native Hawaiian Legal Corporation (NHLC)
Jan. 27, 2015

Responsive Briefs, Witness Lists, Witness Statements and Exhibits due to the Commission.

Maui Department of Water Supply (MDWS)

Hawaiian Commercial & Sugar Company (HC&S)

Maui Tomorrow Foundation, Inc. (MTF)

Native Hawaiian Legal Corporation (NHLC)
Dec. 30, 2014

Opening Statements, Opening Briefs, Witness Lists, Witness Statements, and Exhibits due to the Commission.

John Blumer-Buell

Maui Department of Water Supply (MDWS)

Hawaiian Commercial & Sugar Company (HC&S)

Maui Tomorrow Foundation, Inc. (MTF)

Native Hawaiian Legal Corporation (NHLC)

Jeffrey Paisner

Testimony requested by the Hearings Officer, Dr. Lawrence H. Miike.