CCH-MA15-01
Surface Water Use Permit Applications, Integration of Appurtenant Rights and Amendments to the Interim Instream Flow Standards, Na Wai Eha Surface Water Management Areas of Waihee, Waiehu, Iao and Waikapu Streams, Maui
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Water flows in Wailuku River just upstream of Waiehu Beach Road. |
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Water released from the Wailuku Water Company system flows downstream in Waikapu Stream. |
On June 20, 2024, the Supreme Court of Hawai‘i issued its Opinion in Case No. SCOT-21-0000581.
On June 28, 2021, the Commission on Water Resource Management issues its Findings of Fact, Conclusions of Law, and Decision and Order.
- Executive Summary
- Findings of Fact, Conclusions of Law, and Decision and Order
- Errata to Findings of Fact, Conclusions of Law, and Decision and Order
- News Release: Nā Wai ‘Ehā Decision & Order Ensures Water for Traditional and Customary Practices
- Nov. 18, 2019 Stipulation regarding Surface Water Use Permit Application 2206, agreed to by Mahi Pono, LLC, Hui o Nā Wai ‘Ehā, Maui Tomorrow Foundation Inc., and the Office of Hawaiian Affairs.
**Be sure to view additional legal filings and updates below in the Hearing Information Section.
Minute Orders
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Date
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Action
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| Sep. 23, 2021 | Minute Order #21: Order Denying Mahi Pono, LLC’s Motion for Partial Reconsideration of Findings of Fact, Conclusions of Law, Decision & Order Filed on June 28, 2021, as Amended by Errata to Findings of Fact, Conclusions of Law, and Decision & Order Filed June 30, 2021 |
| Sep. 23, 2021 | Minute Order #20: Order Denying MMK Maui, LP’s Motion for Clarification or, in the Alternative, for Partial Reconsideration of the Findings of Fact, Conclusions of Law, Decision and Order Filed June 28, 2021 |
| Sep. 23, 2021 | Minute Order #19: Order Granting in Part and Denying in Part the Office of Hawaiian Affairs, Hui o Nā Wai ‘Ehā and Maui Tomorrow Foundation, Inc.’s July 6, 2021 Motion for Partial Reconsideration of Findings of Fact, Conclusions of Law, and Decision and Order Filed June 28, 2021 |
| Jul. 26, 2021 | Minute Order #18: Order Setting Deadline for Wailuku Country Estates Irrigation Company and Wailuku County Estates Community Association to Respond to Office of Hawaiian Affairs, Hui o Nā Wai ‘Ehā and Maui Tomorrow Foundation, Inc.’s July 6, 2021 Motion for Partial Reconsideration of Findings of Fact, Conclusions of Law, and Decision and Order Filed June 28, 2021 |
| Oct. 21, 2019 | Minute Order #17: Order Regarding Oral Arguments Before the Commission on Water Resource Management |
| Sep. 9, 2019 | Minute Order #16: Granting Hawaiian Commercial & Sugar Company’s and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206 |
| Aug. 8, 2019 | Minute Order #15: Order Regarding Location of the Hearing on Hawaiian Commercial & Sugar Company’s and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206 |
| Jun. 6, 2019 | Minute Order #14: Order Regarding Responses To and Hearing on Hawaiian Commercial & Sugar Company’s and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206 |
| Nov. 14, 2018 | Minute Order #13: Order Regarding Site Visit By Commission |
| Nov. 1, 2017 | Minute Order #12: Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order
Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order (2.5 MB) |
| Feb. 10, 2017 | Minute Order #11: Order Granting Office of Hawaiian Affairs, Hui o Nā Wai ‘Ehā and Maui Tomorrow Foundation, Inc.’s Motion for Leave to Supplement the Record |
| Jan. 31, 2017 | Minute Order #10: Deadline for the filing of Proposed FOF, COL, and D&O for all parties is extended to COB, February 10, 2017 |
| Nov. 28, 2016 | Minute Order #9: Parties to Submit Their Proposed Findings of Fact, Conclusions of Law, and Decision & Order |
| Oct. 7, 2016 | Minute Order #8: Continued Hearing on the Surface Water Use Permits and Hearing on Amendments to Interim Instream Flow Standards |
| Sep. 14, 2016 | Minute Order #7: Continued Hearing Date, Time and Place |
| Jun. 22, 2016 | Revised Certificate of Service |
| Jun. 15, 2016 | Revised Certificate of Service |
| Jun. 1, 2016 |
Minute Order #6: Deadline to File List of Witnesses for Cross Examination |
| May 16, 2016 | Minute Order #5: Extension of Prehearing Deadline, Prehearing Conference, and Petition to Reduce Water Available for Offstream Uses |
| Mar. 18, 2016 | Revised Certificate of Service |
| Mar. 7, 2016 | Minute Order #4: Amended Service Requirements and Pre-Hearing and Hearing Timetable |
| Feb. 3, 2016 | Revised Certificate of Service |
| Jan. 15, 2016 | Minute Order #3: Pre-Hearing and Hearing Deadlines |
| Oct. 6, 2015 | Minute Order #2: Summary of the Prehearing Conference for the Contested Case Hearing on Appurtenant Rights and Water-Use Permit Applications |
| Jun. 25, 2015 | Minute Order #1: Prehearing Conference for the Contested Case Hearing on Appurtenant Rights and Water-Use Permit Applications |
Hearing Information
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Date
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Action
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| Jun. 20, 2024 |
The Supreme Court of Hawaii issued its Opinion in Case No. SCOT-21-0000581. |
| Dec. 5, 2023 |
The Supreme Court of Hawaii held oral arguments in Case No. SCOT-21-0000581. |
| Aug. 5, 2021 |
Filings by Parties: |
| Jul. 8, 2021 |
Filings by Parties:
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| Jul. 6, 2021 |
Filings by Parties for Clarification and/or Partial Reconsideration:
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| Jun. 30, 2021 |
Commission on Water Resource Management issues an Errata to the Findings of Fact, Conclusions of Law, and Decision and Order. |
| Jun. 28, 2021 |
Commission on Water Resource Management issues its Findings of Fact, Conclusions of Law, and Decision and Order. |
| Nov. 18, 2019 |
Stipulation regarding Surface Water Use Permit Application 2206, agreed to by Mahi Pono, LLC, Hui o Nā Wai ‘Ehā, Maui Tomorrow Foundation Inc., and the Office of Hawaiian Affairs. |
| Aug., 23, 2019 |
MMK Maui, LP’s Supplemental Response to Hawaiian Commercial & Sugar Company and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206, Filed May 14, 2019 and Certificate of Service |
| Jul. 10, 2019 |
Office Of Hawaiian Affairs’ supplemental response to Hawaiian commercial & sugar company and Mahi Pono, LLC’s joint motion for withdrawal and substitution of parties for SWUPA 2206, filed May 14, 2019; CERTIFICATE OF SERVICE |
| Jul. 9, 2019 |
Earthjustice, on behalf of Hui o Nā Wai ‘Ehā and Maui Tomorrow Foundation Inc., filed its written Response to Mahi Pono, LLC’s Omnibus Reply to Hawaiian Commercial and Sugar Company’s and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206. |
| Jul. 5, 2019 |
Mahi Pono, LLC filed its written reply to Hawaiian Commercial and Sugar Company’s and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206. |
| Jun. 21, 2019 |
Parties filed their written responses/opposition to Hawaiian Commercial and Sugar Company’s and Mahi Pono, LLC’s Joint Motion for Withdrawal and Substitution of Parties for SWUPA 2206.
NOTICE: Reminder to serve all responsive documents on the attorneys for Mahi Pono, LLC. |
| May 14, 2019 |
Hawaiian Commercial & Sugar Company and Mahi Pono, LLC filed a Joing Motion for Withdrawal and Substitution of Parties for SWUPA 2206. |
| Jan. 5, 2018 |
Parties filed their written exceptions to the Proposed Findings of Fact, Conclusions of Law, and Decision and Order.
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| Nov. 1, 2017 |
Hearings Officer’s Proposed Findings of Fact, Conclusions of Law, & Decision and Order (2.5 MB) |
| Feb. 17, 2017 |
Parties filed their Proposed Findings of Fact, Conclusions of Law, and Decision and Order.
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| Jan. 24, 2017 |
Additional information posted for Waikapu Properties, LLC (2206, 2356, 2297, 3471, 3472), Wailuku Country Estates Irrigation Company (2189, 2190, 2196), Office of Hawaiian Affairs |
| Oct. 11, 2016 | |
| Oct. 4, 2016 | |
| Sep. 14, 2016 |
Additional information posted for Noelani Almeida (3623), Michael Bailie (2348), Gary Brito (2215/2216), Gordon Cockett (2223), Robert Hanusa (2153), Kaanapali Kai (2181), Living Waters Land Foundation (2144), Elsie Miyamoto/Jerri Jane K. Young (2259), and John Varel (2298/2299). New information is highlighted in yellow in the summary table above. |
| Jul. 26, 2016 |
Additional information posted for Charles Dando, Sr. and Charles Dando, Jr. (2191/2192), Hawaiian Commercial & Sugar Co. (2206), Kihei Gardens & Landscaping Co., LLP (21833), Leinaala Kihm (2315), MTP Operating Co., LLC/Waikapu Properties, LLC (2203/2356/3471/3472), Pohakulepo Recycling, LLC (2187), Wahi Hoomalu Limited Partnership (2351), Wailuku Water Co. (2157), Wailuku Country Estates Irrigation Co. (2189/2190/2196), Ken Ota (3665), Kurt Sloan (3671), Gerald Lau Hee (4442), Roy Kitagawa (4443), Anthony Takitani (4444), SPV Trust (Shane Victorino) (4445), Office of Hawaiian Affairs. New information is highlighted in yellow in the summary table above. |
| Jul. 8, 2016 |
Additional SWUPAs for New Use filed by Takitani Agaran & Jorgensen for Ken & Saedene Ota (3665), Kurt Sloan (3671), Gerald Hee (4442), Roy Kitagawa (4443), Anthony Takitani (4444), and Shane Victorino (4445). New information is highlighted in yellow in the summary table above. |
| Jul. 7, 2016 |
Additional Information. Additional information posted for Francisco Cerizo (2307/2308N), DLNR Division of State Parks (2304), David Niehaus (2163), and Wailuku Country Estates Irrigation Company (2189/2190N/2196). An Amended List of Witnesses for Cross Examination was filed also by the County of Maui, Department of Water Supply. New information is highlighted in yellow in the summary table above. |
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Jun. 22, 2016
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Filings for List of Witnesses for Cross Examination. Filings were received from County of Maui, Department of Water Supply; Wailuku Water Company; MMK Maui, LP; Wailuku Country Estates Irrigation Co. and Wailuku Country Estates Community Association; Waikapu Properties, LLC and MTP Operating Company, LLC; Hawaiian Commercial & Sugar Company; Department of Land and Natural Resources, Division of State Parks; Wahi Ho’omalu, LP; Hui o Na Wai Eha and Maui Tomorrow Foundation, Inc.; Office of Hawaiian Affairs; and Takitani Agaran & Jorgensen, LLLP. Filings are highlighted in yellow in the summary table above. |
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Jun. 17, 2016
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Jun. 15, 2016
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Hawaiian Commercial & Sugar Company filed a Notice of Appearance of Counsel. |
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Jun. 6, 2016
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Filings, including Reply Briefs, Reply Witness Lists, Reply Written Witness Statements, Responsive Exhibit Lists, and Responsive Exhibits. Reply Briefs were received from County of Maui, Department of Water Supply; Wailuku Water Company; MMK Maui, LP; Wailuku Country Estates Irrigation Co. and Wailuku Country Estates Community Association; Waikapu Properties, LLC and MTP Operating Company, LLC; Hawaiian Commercial & Sugar Company; Department of Land and Natural Resources, Division of State Parks; and Wahi Ho’omalu, LP. Filings are highlighted in yellow in the summary table above. |
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Apr. 29, 2016
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Filings, including Responsive Briefs, Responsive Witness Lists, Responsive Written Witness Statements, Responsive Exhibit Lists, and Responsive Exhibits, due to the Commission. Responsive filings were received from County of Maui Department of Water Supply (2178/2179), MMK Maui, LP (2186), Hui o Na Wai Eha & Maui Tomorrow Foundation, Inc., and Office of Hawaiian Affairs. Filings are highlighted in yellow in the summary table above. |
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Mar. 18, 2016
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Extended Deadline for Filings, including Opening Briefs, Witness Lists, Direct Written Witness Statements, Exhibit Lists, and Exhibits, due to the Commission. Filings were received from Wailuku Water Company (2157), MMK Maui, LP (2186), Wailuku Country Estates Irrigation Company (2189/2190), McLean(2204), HC&S (2205/2206), Faustino (2228/22229), Riyu (2268), Sevilla (2275), Haller (2287), DLNR Division of State Parks (2304), Riyu (2338), Wahi Hoomalu Limited Partnership (2351), and Takitani Agaran & Jorgensen. Filings are highlighted in yellow in the summary table above. |
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Mar. 9, 2016
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Earthjustice, on behalf of Hui o Nā Wai ‘Ehā and Maui Tomorrow Foundation, Inc. filed a Petition to Amend Upward the Interim Instream Flow Standards for Waihe‘e River, North and South Waiehu Streams, Wailuku River, and Waikapū Stream and their Tributaries; and Motion to Consolidate or Consider in Parallel with Case No. CCH-MA15-01. |
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Feb. 5, 2016
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Filings, including Opening Briefs, Witness Lists, Direct Written Witness Statements, Exhibit Lists, and Exhibits, due to the Commission. |
Completed Witnesses
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Date
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SWUPA No. / Applicant / Hydro Unit
Witnesses / Cross Exam |
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| Jul. 11, 2016 Monday |
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| Jul. 12, 2016 Tuesday |
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| July 13, 2016 Wednesday |
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| July 18, 2016 Monday |
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| July 19, 2016 Tuesday |
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| July 22, 2016 Friday |
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| July 28, 2016 Thursday |
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| July 29, 2016 Friday |
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| Sep. 19, 2016 Monday |
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| Sep. 20, 2016 Tuesday |
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| Oct. 14, 2016 Friday |
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