Local News

Protesters stop work on Wailuku River

IAO VALLEY -- A handful of protesters hiked up Wailuku River and stepped in front of an excavator Thursday morning to halt work by Wailuku Water Co. to realign the stream to its diversion in Iao Valley.

Three people, including activist and former candidate for the state House of Representatives Tiare Lawrence, made the trek past security guards and police around 9 a.m. to protest the work that activists claim is violating the terms of the company's repair permit, said Hokuao Pellegrino, vice president of Hui o Na Wai Eha. The trio were joined later by two others, and they were successful in stopping work by the afternoon.

Kepaniwai Park has been closed to the public since Sept. 13 after heavy rain and floodwaters crumbled the parking lot and damaged nearby homes. The diversion is located between Kepaniwai and the Iao Valley State Monument.

"I understand the safety issues to not allow access to the park, but . . . stakeholders like our organization, Maui Tomorrow and the Office of Hawaiian Affairs should have the right to go up there and at least see and understand what's going on," Pellegrino said Thursday afternoon. "We've been kept in the dark."

On Sept. 28, the Honolulu District U.S. Army Corps of Engineers issued Wailuku Water Co. a permit to remove and reposition boulders and organic debris that covered its water intake structure following the flood. An excavator being staged in the stream will provide temporary in-water access to the intake. Debris removed from the stream will be disposed of in uplands, according to the permit.

Earthjustice Attorney Summer Kupau-Odo said that workers began clearing the intake Monday, but they have left a mound of dirt that is sending brown water and loose sediment down the river. She added that the permit does not authorize the realignment of the river -- only maintenance.

According to the permit, Wailuku Water Co. is allowed to "restore the stream diversion to its pre-storm function and capacity."

"This verification is not intended to authorize re-alignment or other significant alteration of the Wailuku River," the permit said.

A phone call to Wailuku Water Co. President Avery Chumbley on Thursday afternoon was not returned.

Pellegrino said Jeffrey Pearson, chief executive officer of the state Commission on Water Resource Management, and Gov. David Ige acknowledged during a community meeting Wednesday night at the University of Hawaii Maui College that the permit was not for realigning the stream. He added that the governor also agreed that a state regulatory agency should have been overseeing work by the water company since it began.

"There very well may be a violation of the Clean Water Act too, and that's something Summer folks are following up on," Pellegrino said. "The permit is very, very clear what he (Chumbley) can and can't do, and he's very clearly violated the permit and the state admitted to that too."

At Kepaniwai, workers were seen walking down from the site to the parking lot and explained that work had stopped for the day after protesters stood in the way of equipment.

"They walked right in front of me. They're lucky I didn't run them over," said an excavator operator, who did not give his name. "I respect what they're doing, but they can't be doing crazy kine stuff."

Police and security guarding the entrance to the park and the beginning of Iao Valley Road said they did not see the protesters and believed they must live in the valley and hiked up to the park. Currently, construction workers and residents are the only people allowed to enter the valley.

Maui County Managing Director Keith Regan was unaware of Thursday's protest and continued to advise the public to stay out of the two parks, which remain closed. He said police were stationed at the entrance of Iao Valley Road because they had received reports of looting and increased traffic.

"I'm going to have to talk to civil defense about this and what are we going to do in terms of working with the public to reinforce that the park is closed and it's hazardous," Regan said of the parks that are still unstable from flood damage.

Pellegrino said one of the protesters lives in the valley, and they hiked up the river to reach the diversion. He clarified that the hui is not encouraging people to enter the park, but he respects the protesters that have stood up against the water company.

"It's well respected that people are wiling to fight this cause," he said. "The public has some right to go up and see what is going on, especially when there is no other oversight."

* Chris Sugidono can be reached at csugidono@mauinews.com.