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Land board denies hearing contested case for East Maui long-term water license
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Land board denies hearing contested case for East Maui long-term water license

The state Board of Land and Natural Resources has rejected a hearing on a contested case for a 30-year water license for real estate company Alexander & Baldwin — a victory for those who want to stop the diversion of river water in East Maui.

The Department of Land and Natural Resources recommended hearing the contested case, but its governing board voted 4-2 Friday to reject it.

Most of the testimony opposed the hearing, with some arguing that it undermined public engagement. Opponents also said allowing a contested case would be a move to allow too much water from the river to be diverted away from the community.

“We also really appreciated some of the comments about the importance of making public engagement easy and accessible for everyone, and share the concern that moving this to a contested process would undermine that,” said board member Aimee Barnes , who voted to reject the trial of the contested case.

For over 150 years, water from East Maui streams has been diverted through water licenses issued by the BLNR.

More recently, the East Maui Irrigation Company, which is owned by A&B and the Mahi Pono Agricultural Society, has been able to divert water through temporary, revocable permits.

The 30-year license under consideration would allow EMI to divert more than 85 million gallons of water per day from East Maui streams. EMI said it will use nearly 66 million gallons per day on 20,600 acres of land used for diversified agriculture.

The DLNR has been considering the long-term water license sought by EMI for some time — though Maui County Mayor Richard Bissen has asked the department to delay the process.

In September, the land board was supposed to consider a hearing on the contested water license case, but decided against it following a request from Bissen.

He said in a letter that he wants Maui County and the other parties involved to explore long-term opportunities to “come up with a working compromise rather than a costly and drawn-out contested case.”

He asked the council to adjourn again on Friday, however, it went ahead anyway.

DLNR Chairwoman Dawn Chang argued for a hearing on the contested case, saying it would allow for a more open discussion among stream users on what has already been a long-debated issue of water rights on Maui.

“I think the contested case hearing is a constructive vehicle to make sure that all voices are heard in a constructive way, that information is shared both ways,” Chang said.