East Maui Instream Flow Standards

Petitions to Amend the Interim Instream Flow Standard for 27 Streams in East Maui

West Wailuaiki Stream Intake West Wailuaiki Stream Intake. This intake is part of the East Maui Irrigation system, consisting of 388 separate intakes, 24 miles of ditches, and 50 miles of tunnels, as well as numerous small dams, intakes, pipes and flumes.
Date
Action
Jun. 20, 2018 The Commission issues its Findings of Fact, Conclusions of Law, and Decision and Order (1.3 MB) in CCH-MA13-01. See the CCH-MA13-01 webpage for more information.
Dec. 30, 2014 Contested Case Hearing CCH-MA13-01 begins with Opening Statements, Opening Briefs, Witness Lists, Witness Statements, and Exhibits due to the Commission. See the CCH-MA13-01 webpage for more information.
Jul. 17, 2013 At its July meeting, the Commission heard the submittal to Delegation of Authority to the Chairperson to Appoint a Hearing Officer for the Contested Case Hearing in the matter of the Petitions to Amend the Interim instream Flow Standards for Waikamoi, Puohokamoa, Haipuaena, Punalau/Kolea, Honomanu, West Wailuaiki, East Wailuaiki, Kopiliula, Puakaa, Waiohue, Paakea, Kapaula and Hanawi Streams, Maui, Hawaii. (on remand CCH-MA13-01)

Nov. 30, 2012 The Intermediate Court of Appeals issued its ruling on the appeal by Na Moku Aupuni o Koolau Hui of the Commission’s October 18, 2010 decisions denying Na Moku’s Petition for a Contested Case Hearing on the Commission’s amendment of interim instream flow standards for certain East Maui streams.

Oct. 18, 2010 The Commission heard the submittal for Action on the Request for a Contested Case Hearing before the Commission on Water Resource Management by Native Hawaiian Legal Corporation, on Behalf of a Moku Aupuni O Koolau Hui, and the County of Maui, Department of Water Supply. The Commission’s decision was subsequently appealed to the Intermediate Court of Appeals.

May 25, 2010 The Commission held its May meeting on the island of Maui to hear recommendations on nineteen (19) east Maui instream flow standard petitions. The meeting was held on Tuesday, May 25, 2010, 1:00 p.m., at the Paia Community Center, Hana Highway, in Paia, Maui.

  • Press Release: State Water Commission to decide on remaining east Maui instream flow standards at Maui meeting May 25
  • Submittal C1: Petitions to Amend the Interim Instream Flow Standards For the Surface Water Hydrologic Units of Waikamoi (6047), Puohokamoa (6048), Haipuaena (6049), Punalau (6050), Honomanu (6051), Nuaailua (6052), Ohia (6054), West Wailuaiki (6057), East Wailuaiki (6058), Kopiliula (6059), Waiohue (6060), Paakea (6061), Waiaaka (6062), Kapaula (6063), Hanawi (6064), and Makapipi (6065), Maui
  • Exhibit 1, Data Summaries (included with the submittal)
  • Exhibit 2, Staff Submittal for the Meeting of the Commission on Water Resource Management, December 16, 2010, Paia, Maui, Petitions to Amend the Interim Instream Flow Standards for the Surface Water Hydrologic Units of Waikamoi (6047), Puohokamoa (6048), Haipuaena (6049), Punalau (6050), Honomanu (6051), Nuaailua (6052), Ohia (6054), West Wailuaiki (6057), East Wailuaiki (6058), Kopiliula (6059), Waiohue (6060), Paakea (6061), Waiaaka (6062), Kapaula (6063), Hanawi (6064), and Makapipi (6065), Maui
  • Exhibit 3, Compilation of Data Submissions, Part II, PR-2010-01 (44.0 MB)
Dec. 30, 2009 All of the public testimony received prior to, during, and after the December 16-17, 2009 Commission meeting in Paia, Maui, has been recompiled into a revised compilation report.

Dec. 16, 2009 The Commission held its December meeting on the island of Maui to hear recommendations on nineteen (19) east Maui instream flow standard petitions. The meeting will be held on Wednesday, December 16, 2009, 10:00 a.m., at the Paia Community Center, Hana Highway, in Paia, Maui.

  • Press Release: State Water Commission to Hear Recommendation on 19 East Maui Stream Petitions
  • Submittal C1: Petitions to Amend the Interim Instream Flow Standards For the Surface Water Hydrologic Units of Waikamoi (6047), Puohokamoa (6048), Haipuaena (6049), Punalau (6050), Honomanu (6051), Nuaailua (6052), Ohia (6054), West Wailuaiki (6057), East Wailuaiki (6058), Kopiliula (6059), Waiohue (6060), Paakea (6061), Waiaaka (6062), Kapaula (6063), Hanawi (6064), and Makapipi (6065), Maui
  • Exhibit 20, Simplified Schematic of the EMI System (included in submittal)
  • Exhibit 21, Simplified Schematic of the Maui DWS Upcountry System, EMI System, and System Users (included in submittal)
Dec. 1, 2009 The Commission staff completed the Instream Flow Standard Assessment Reports for the 16 surface water hydrologic units currently under consideration.

Nov. 20, 2009 Bishop Museum and Hawaii Division of Aquatic Resources staff completed a report entitled The Use of Hawaiian Stream Habitat Evaluation Procedure to Provide Biological Resource Assessment in Support of Instream Flow Standards for East Maui Streams.

Nov. 1, 2009 Following the closure of the public review period for the Draft Instream Flow Standard Assessment Reports on the next 16 surface water hydrologic units, the Commission staff has compiled all of the data submissions and public review comments received.

Oct. 21-22, 2009 The Commission conducted a site visit of Kula Agricultural Park, Maui Department of Water Supply’s Upper Kula System, and Hawaiian Commercial & Sugar’s operations. Due to the access and safety concerns, portions of the site visit were limted and not open to the general public. Other portions of the site visit were open to the general public. View the Commission meeting agendas for more detailed information.

  Oct, 21, 2009

Oct. 22, 2009

Oct. 15, 2009 The Commission held a public fact gathering meeting on Thursday, October 15, 2009 from 5 p.m. to 9 p.m. at the Paia Community Center in Maui to receive comments of the reports. The deadline to submit comments to the Commission was October 30, 2009. A Frequently Asked Questions page was distributed at the meeting.

Oct. 2009 Staff received 15 stream survey reports from the Hawaii Division of Aquatic Resources (DAR) for the following hydrologic units.

Sep. 25, 2009 News Release: Commission to Address Remaining East Maui Stream Flow Standards: Public fact gathering meeting October 15 in Pa‘ia.

Sep. 24, 2009 Commission staff provided a quarterly Update on the Implemenation of East Maui Interim Instream Flow Standards and a briefing on the Draft Instream Flow Standard Assessment Reports for 16 Surface Water Hydrologic Units in East Maui to the Commission.

Sep. 23, 2009 The Commission issued a Notice of Public Fact Gathering Meeting to receive comments on the Draft Instream Flow Standard Assessment Reports for the surface water hydrologic units of Waikamoi (6047), Puohokamoa (6048), Haipuaena (6049), Punalau (6050), Honomanu (6051), Nuaailua (6052), Ohia (6054), West Wailuaiki (6057), East Wailuaiki (6058), Kopiliula (6059), Waiohue (6060), Paakea (6061), Waiaaka (6062), Kapaula (6063), Hanawi (6064), Makapipi (6065). Instream flow standard assessment reports are prepared to present the best available information for each hydrologic unit.

Jun. 22, 2009 Commission staff attended a meeting hosted by the Maui County Farm Bureau to brief local farmers and rancers on the east Maui petitions.

Apr. 6-8, 2009 Commission staff condcucted site visits of the Kula Agricultural Park, Maui Department of Water Supply Water Treatment Plants, and HC&S Sugar Operations.

Mar. 31, 2009 Commission staff made flow measurements at Honopou, Huelo, Palauhulu, and Wailuanui Streams, documented interim actions by EMI at Kano Stream (Palauhulu), and conducted a site visit of Kualani Stream.

Mar. 23, 2009 Commission staff documented the installation of a low-flow bypass channel across Haiku Ditch at Honopou Stream by EMI.

Mar. 12, 2009 Commission staff provided a quarterly Update on the Implemenation of East Maui Interim Instream Flow Standards to the Commission.

Feb. 19, 2009 Commission staff briefed the Taro Security and Purity Task Force on the east Maui petitions.

Feb. 9-11, 2009 Commission staff made flow measurements at various streams, and conducted site visits of Lakini, Na Moku Project, Wailua Valley taro loi, Keanae Arboretum, and Piinaau, Palauhulu, and Waiokamilo Streams.

Dec. 17, 2008 Commission staff provided a quarterly Update on the Implemenation of East Maui Interim Instream Flow Standards to the Commission.

Dec. 12, 2008 Commission staff briefed the Board of Land and Natural Resources on the status of the Petitions to Amend the Interim Instream Flow Standards for the Surface Water Hydrologic Units of Honopou, Hanehoi, Piinaau, Waiokamilo, and Wailuanui.

Dec. 8-10, 2008 Commission staff made flow measurements at Honopou, Hanehoi, Palauhulu, and Wailuanui Streams, documented interim actions by EMI at Wailuanui, and conducted site visits of Kualani, Waiokamilo, Kaleiomaui, and Piinaau Streams.

Nov. 17-19, 2008 Commission staff made flow measurements at Honopou, Huelo, Palauhulu, and Wailuanui Streams, documented interim actions by EMI at Kano Stream (Palauhulu), and conducted a site visit of Kualani Stream.

Oct. 27-29, 2008 Commission staff made flow measurements and documented interim actions by EMI at Honopou, Huelo, and Hanehoi Streams. Staff also held a community meeting at Keanae Elementary.

Oct. 23-24, 2008 Commission staff, accompanied by USGS staff, conducted site visits of potential monitoring locations and made flow measurements at Honopou, Huelo, Hanehoi, Palauhulu, and Wailuanui Streams. Staff also held a community meeting at Haiku Community Center.

Sep. 24-25, 2008 The Commission held its September meeting on the island of Maui to hear recommendations on eight east Maui instream flow standard petitions: Honopou; Hanehoi and Puolua (Huelo); Piinaau; Palauhulu; Waiokamilo; Kualani; Waikani; and East and West Wailuanui. The meeting was held on Wednesday, September 24, 2008, 11:00 a.m., and Thursday, September 25, 2008, 9:00 a.m., at the Haiku Community Center, 1008 Hana Highway, in Haiku, Maui.

  • Submittal C1: Hawaiian Commercial and Sugar Company’s Motion to Consolidate Petitions to Amend Interim Instream Flow Standards for East Maui Streams and Complaint Relating Thereto filed May 29, 2008. Click on the links below to view each individual brief.
  • Submittal C2: Petition to Amend the Interim Instream Flow Standards for the Surface Water Hydrologic Units of Honopou (6034), Hanehoi (6037), Piinaau (6053), Waiokamilo (6055), and Wailuanui (6056), Maui (with Exhibits 1 and 2). Click on the links below to view each individual exhibit.
  • Exhibit 3: Instream Flow Standard Assessment Report, Island of Maui, Hydrologic Unit 6034, Honopou, September 2008, PR-2008-01
  • Exhibit 4: Instream Flow Standard Assessment Report, Island of Maui, Hydrologic Unit 6037, Hanehoi, September 2008, PR-2008-02
  • Exhibit 5: Instream Flow Standard Assessment Report, Island of Maui, Hydrologic Unit 6053, Piinaau, September 2008, PR-2008-03
  • Exhibit 6: Instream Flow Standard Assessment Report, Island of Maui, Hydrologic Unit 6055, Waiokamilo, September 2008, PR-2008-04
  • Exhibit 7: Instream Flow Standard Assessment Report, Island of Maui, Hydrologic Unit 6056, Wailuanui, September 2008, PR-2008-05
  • Exhibit 8: Compilation of Public Review Comments (CPRC), Hydrologic Units of Honopou (6034), Hanehoi (6037), Piinaau (6053), Waiokamilo (6055), Wailuanui (6056), Island of Maui, September 2008, PR-2008-07
  • Exhibit 9: The Importance of the Hawaiian Commercial & Sugar Company to the Hawaii Economy and Conditions for Its Survival: A consultant paper by Leroy O. Laney, Ph.D.
Sep. 19, 2008
  • Press Release: State Water Commission to Hear Recommendations on Eight East Maui Stream Petitions
Sep. 2-3, 2008 The Commission conducted a site visit of East Maui for the areas of Honopou, Haliimaile, Wailuanui, and Waokamilo over the course of two days. Due to the access and safety concerns, portions of the site visit were limted and not open to the general public. Other portions of the site visit were open to the general public.

Sep. 2-3, 2008 Sep. 2, 2008 Site Visit

Sep. 3, 2008 Site Visit

Aug. 18, 2008 HC&S filed a Motion to Consolidate Petitions to Amend Interim Instream Flow Standards for East Maui Streams and Complaint Relating Thereto Filed May 29, 2008.

Jun. 27, 2008 Staff received five stream survey reports from the Hawaii Division of Aquatic Resources (DAR) for Honopou, Hanehoi, Piinaau, Waiokamilo, and Wailuanui Streams.

Jun. 10, 2008 Following the initial agency/public review and public fact gathering meeting, the Commission compiled all public review comments that were received. All comments were separated into individual sections according to the submitting organization or individual.

May 29, 2008 NHLC filed a complaint (CDR.1937.6) on behalf of Na Moku, Beatrice Kekahuna, Marjorie Wallett, and Maui Tomorrow. The complaint alleges that Hawaiian Commercial & Sugar Company (HC&S) is wasting water. The allegation is based on testimony of HC&S employee Lee Jakeway who testified at the Land Board contested case hearing on November 15, 2005.

Apr. 10, 2008 The Commission held a public fact gathering meeting on Thursday, April 10, 2008 from 5 p.m. to 9 p.m. at the Haiku Community Center in Maui to receive comments of the reports. The deadline to submit comments to the Commission was June 10, 2008. A Frequently Asked Questions page was distributed at the meeting.

Mar. 6, 2008 The Commission issued a Notice of Public Fact Gathering Meeting to receive comments on the Draft Instream Flow Standard Assessment Reports for five surface water hydrologic units in east Maui: Honopou, Hanehoi, Piinaau, Waiokamilo, and Wailuanui. Instream flow standard assessment reports are prepared to present the best available information for each hydrologic unit.

Feb. 19, 2008 The Hawaii Supreme Court issued a order (No. 28970) denying the Petition for Writ of Mandamus.

Jan. 25, 2008 NHLC, for Petitioners Na Moku, Beatrice Kekahuna, and Marjorie Wallett, requested that the Hawaii Supreme Court issue a Writ of Mandamus to Respondents Commissioners Laura H. Thielen, Chiyome L. Fukino, Meredith J. Ching, James A. Frazier, Neal S> Fujiwara, Donna Fay K. Kiyosaki, and Lawrence H. Miike, regarding matters related to the Petition to Amend the Interim IFS for 27 East Maui Streams.

Dec. 13, 2006 The Commission authorized staff to initate and conduct public fact gathering and inventorying of best available information necessary to amend interim instream flow standards.

Jan. 2006 The U.S. Geological Survey released the second of two studies regarding east Maui streams entitled, Effects of Surface-Water Diversions on Habitat Availability for Native Macrofauna, Northeast Maui, Hawaii.
Jul. 2005 The U.S. Geological Survey released the first of two studies regarding east Maui streams entitled, Median and Low-Flow Characteristics for Streams under Natural and Diverted Conditions, Northeast Maui, Hawaii.
Jul. 23, 2001 NHLC met with Commission staff to discuss the handling of the 27 petitions. Agreement was reached that efforts would focus on Honopou, Hanehoi, Waiokamilo, Kualani, Piinaau, Palauhulu, and Wailuanui Streams.

Jun. 22, 2001
Native Hawaiian Legal Corporation (NHLC), on behalf of Na Moku ‘Aupuni o Ko’olau Hui (Na Moku), Beatrice Kepani Kekahuna, Marjorie Wallet, and Elizabeth Lehua Lapenia, filed a Petition to Amend the Interim Instream Flow Standard for 27 streams in East Maui.