8/14/26 – BLNR TAKES ACTION ON TWO EAST MAUI WATER ISSUES

BLNR TAKES ACTION ON TWO EAST MAUI WATER ISSUES

HONOLULU - After hours of receiving public comments, the Board of Land and Natural Resources (BLNR) voted today on two recommendations concerning the future of surface waters in East Maui:

Agenda Item

D-6:
Delegation of Authority to the Chairperson to Select and Appoint a Hearing Officer and to Issue Notices of Hearing and Preliminary Procedural Orders for the Contested Case Hearing Ordered by the Environmental Court of the First Circuit in Sierra Club v. Kanakaʻole, Civil No. 1CCV-25-0002146 (July 17, 2026), and Nā Moku Aupuni O Koʻolau Hui v. Kanakaʻole, Civil No. 1CCV-26-0000011 (July 21, 2026), Regarding the Revocable Permit Authorizing Mahi Pono, LLC and East Maui Irrigation Company, LLC to Divert Water from East Maui Streams, Island of Maui.

Board members voted unanimously to accept this recommendation.

D-7:
Approval of:

1. The Sale of Lease (Water License) at Public Auction for the Development, Diversion, and Use of a Portion of Government Surface Waters Within the Historic License Areas of Nahiku, Keanae, Honomanu and Huelo Hydrologic Areas on the Island of Maui and Identified as Tax Map Keys (TMKs) (2) 1-1-001:044 and 050, 1-1-002: portion of 002, 1-2-004:005 & 007, and 2-9-014:005, 011, 012, and 017;

2. The Issuance of a Direct Lease (Water License) for a Portion of Government Waters to the County of Maui for Domestic, Municipal and Agriculture Purposes, Within the Historic License Areas of Nahiku, Keanae, Honomanu and Huelo on the Island of Maui and Identified as Tax Map Keys (TMKs) (2) 1-1-001:044 and 050, 1-1-002: portion of 002, 1-2-004:005 and 007, and 2-9-014:005, 011, 012, and 017; and

3. Delegation to the Chairperson to Negotiate and Enter Into a Subsequent Operations, Maintenance, on Monitoring Agreement Amongst the East Maui Water Licensees that Sets Forth Their Respective Roles, Rights, Responsibilities and Obligations for the East Maui Irrigation System.

Board members voted unanimously to reject this recommendation.

"The Board of Land and Natural Resources has a responsibility to make decisions about the disposition of state water rights consistent with Hawaiʻi law and the state's public trust obligations," said BLNR Chairperson Ryan Kanakaʻole. "In considering the future use of East Maui water, the board must carefully consider the public purposes served by water use, including water for Maui communities, agriculture and other uses, while protecting stream resources and Native Hawaiian traditional and customary rights.

"The future disposition of East Maui water has been under consideration for many years and involves significant legal, environmental, cultural and community interests. The board recognizes the importance of these issues to the people and communities affected by its decisions and is committed to addressing them through the processes required by law.

"Moving forward with the contested case hearing ordered by the Environmental Court of the First Circuit in today's agenda item D-6, demonstrates the BLNR's commitment to developing a robust record of information that will inform the future of East Maui Water," he added.

In the weeks to come, Chair Kanakaʻole will prioritize work on the selection of a hearing officer to comply with the court's deadlines.

The relationship between CWRM and the BLNR

The Department of Land and Natural Resources Commission on Water Resource Management (CWRM) is the state agency responsible for administering the State Water Code (Chapter 174C, Hawaiʻi Revised Statutes) and managing and protecting Hawaiʻi's water resources. For surface water, that includes establishing instream flow standards to protect instream uses and values, regulating stream diversion works and balancing the protection of public trust uses with reasonable and beneficial offstream uses. The Hawaiʻi Supreme Court has recognized instream flow standards as the primary mechanism for protecting public trust purposes that depend on water remaining in streams, including traditional and customary practices.

The role of the BLNR is to dispose of rights to use water emanating from state lands, in accordance with the public trust; however, for all waters of the state, whether the water originates from state-owned land or private land, CWRM remains the primary guardian of public trust rights with respect to water resources and retains primary regulatory authority under the State Water Code. Even if licensed by BLNR, the amount of water physically and legally available for diversion remains subject to CWRM's interim instream flow standard (IIFS) and other decisions under the State Water Code. A BLNR license does not replace or limit CWRM's authority to establish or amend IIFS, regulate stream diversions, or act on matters such as Department of Hawaiian Homelands (DHHL) water reservations.

Media contact:
Andrew Laurence
Communications Director
State of Hawaiʻi Department of Land and Natural Resources
Phone: 808-587-0396
E-mail: [email protected]