Hawaii’s Commission on Water Resource Management has approved a settlement that will restore significant amounts of water to rivers and streams in central Maui, some of which have run nearly dry since being diverted for plantation agriculture decades ago. 

The settlement largely ends a 10 year fight over how much water Hawaiian Commercial and Sugar Co., Wailuku Water Co. and the county’s Department of Water Supply can divert from Na Wai Eha (The Four Great Waters), which includes Iao, Waihee, Waiehu and Waikapu streams.

Earthjustice, representing community groups, Hui o Na Wai Eha and Maui Tomorrow Foundation, has led the legal fight to force more water to be restored to streams for Native Hawaiian agriculture and ecosystem restoration. 

The Honolulu law firm appealed a 2010 water commission decision that increased water to only two out of the four streams. Earthjustice argued that the public trust doctrine required that much more water be restored than what the state commission was requiring.

The Hawaii Supreme Court agreed in 2012 and required the water commission to take another look at how much water should be restored to the streams. 

Under the settlement announced on Monday, the amount of water being restored to the stream beds will nearly double overall and all four streams will flow again, said Isaac Moriwake, an attorney with Earthjustice. 

Iao Stream will particularly benefit. 

“At times of low flow or base flow, the river was basically completely dry,” said Moriwake. “So now there is going to be some major amount flowing.”

The settlement requires that 10 million gallons of water be restored to Iao Stream daily. The current average flow ranges from 13 to 18 million gallons a day. 

Large amounts of water throughout the islands was historically diverted for plantation agriculture. As pineapple and sugarcane declined throughout the islands, large landowners have fought to hold on to their “water rights” for development purposes. 

The agreement was mediated by Robbie Alm, according to DLNR. Larry Miike served as the hearing officer.

DLNR Chair William Aila praised the cooperation of the various parties in a statement.

“It was the parties themselves who chose to reach this agreement,” he said. “Without their collective will to work out a solution, this would not have happened.”

 You can read the settlement agreement here. 

Photo: Water diverted through a grate in Iao Valley (Flickr: jongela19) 

— Sophie Cocke