LANAI CITY - The state Land Use Commission cleared the way Friday for Castle & Cooke Resorts to continue using brackish water drawn from Lanai's high-level aquifer to irrigate The Challenge at Manele golf course.
Lanai environmentalists were disappointed by the decision, which reversed a 14-year-old order; they said it would put the island's fragile aquifer at greater risk. But supporters of Castle & Cooke said the island's struggling economy needed the golf course to remain viable in order to preserve jobs.
The issue also highlighted some concern among Lanai City residents over studies that found the hotel, golf course and luxury residences at Manele use about 65 percent of the metered water on Lanai.
The dispute stems from the Land Use Commission's approval of the Manele project district in 1991, which included a requirement that Castle & Cooke not use potable water, from the island's high-level aquifer for golf course irrigation, but instead develop alternative, nonpotable sources.
After Castle & Cooke began using a brackish well to irrigate the course, the Land Use Commission issued a cease-and-desist order in 1996, saying that because the well tapped the high-level aquifer, it violated the agreement.
But after years of litigation, the Hawaii Supreme Court in 2004 found that the LUC was wrong to order the company not to use any water from the aquifer and ordered the commission instead to determine whether the company had actually violated the agreement by using a potable source.
The LUC held hearings on the question in 2006; settlement talks between the parties in 2007 were unsuccessful.
On Friday, commissioners voted unanimously to adopt a proposal by Castle & Cooke to define nonpotable water according to the amount of chlorides it contained - a definition that would allow the company to continue using its brackish wells.
Commissioner Lisa Judge said she appreciated Lanai residents' concerns about the island's water supply but urged them to take up the issue with the state Commission on Water Resource Management, which has broader jurisdiction over the resource.
"Our issue today is really a very narrow one," she said.
She noted numerous experts agreed that Castle & Cooke's proposed standard for nonpotable water was "reasonable," and said adding the definition to the irrigation requirement was appropriate.
Bruce Lamon, attorney for Castle & Cooke, said he was "gratified" by the commission's action.
"It's the best decision for the island," he said.
But members of the group Lanaians for Sensible Growth, an intervenor in the case, were bitterly disappointed.
Attorney Alan Murakami, who represented LSG, called the decision "arbitrary."
"It's incredible," he said after the meeting. "They did a 180-degree turn (from the 1996 order), with little or no basis."
Members of LSG were also angry about how the meeting was conducted. They questioned why Judge read from a previously written statement while moving to adopt Castle & Cooke's proposal, and noted that the commission did not discuss the issue before making a unanimous vote.
LSG member Robin Kaye said that made him feel commissioners had decided how they were going to vote before the meeting even began, and that the testimony of Lanai residents didn't matter.
At least one commissioner appeared to be dozing off during the proceedings, he noted.
"It showed a disrespect for the process," Kaye said.
Kaye was also bothered that the LUC set a time limit for testifiers and presentations in order for commissioners to make a mid-afternoon flight home. His group made its presentation last, so Lanaians for Sensible Growth was rushed and didn't have enough time to make its case, Kaye said.
"Why couldn't they take a later flight?" he asked.
Lanai residents who testified at the meeting focused on two of the biggest concerns on the island: the fragile environment and the weak economy.
LSG board member Fairfax Reily felt the original requirement on Manele should be clear.
"The issue was not potability," he said. "No water from the high-level aquifer was to be used to irrigate the golf course."
Lanai resident Kainoa Kanno agreed.
"It's about the water," he said. "It's about the kuleana responsibility between the company and the community. Bottom line, we had an agreement."
Resident Gary Suzuki said everyone must do their part and preserve the water they have.
"You guys can make a difference," he told commissioners. "Do the right thing, so we don't end up with no more water."
Les Jeremiah Jr., superintendent for Castle & Cooke's two Lanai golf courses, said the company had taken a number of steps to reduce water use, including planting salt-tolerant grass, improving sprinklers and upgrading the computer systems used to manage irrigation. The Challenge at Manele now uses less than 600,000 gallons of water per day, compared with an average 800,000 to 1 million gallons per day typical for Maui golf courses, he said.
"Water use and efficiency are always one of my top priorities," he said.
Tom Roelens, general manager for the Four Seasons on Lanai, said The Challenge at Manele was "vital" to the resort's viability, and said more delays in a decision on the issue could prevent the resort from making improvements to the course.
"We need a viable and sustainable economy on this island to keep residents employed," he said.
Joe Felipe, a bartender at the Lodge at Koele and chairman for the ILWU on Lanai, said resort workers have already faced layoffs and furloughs and had seen their hours cut, as the resort struggled to stay afloat.
"To restrict Castle & Cooke for the use of water would definitely cause a domino effect," he said. "Please don't let us be another Molokai."
Almost three years ago, the Land Use Commission indicated it was headed toward rejecting requests by Molokai Properties Inc. that would have allowed for 200 luxury homes to be built on La'au Point. Soon after the hearings, the jilted company closed Molokai Ranch, laid off about 150 employees, mothballed its resorts and shelved the community revitalization plan.
On Lanai, LSG member Butch Gima said he enjoyed golfing at The Challenge at Manele and didn't want to see it fail. But he said Castle & Cooke - which, like Molokai Properties Inc., owns a great deal of the island and is the major employer - had promised to develop other sources for irrigation.
"We need to be prudent because we only have one aquifer on this island," he said.
David Green of Manele said homeowners in the area were very supportive of water conservation. He said a study finding that Manele homeowners use an average of 3,700 gallons per day was "incomprehensible."
Green said Castle & Cooke should continue to be allowed to use nonpotable water to irrigate its golf course and grounds.
"The bottom line is, Manele is a huge economic generator for this island," he said. "I don't think shutting down Manele is a viable option."
But LSG member Ron McOmber felt that the naturally dry Manele region used a disproportionate amount of the island's water resources.
"You go down there now, and it looks like the Garden of Eden," he said. "Where do you think that water is coming from? It's coming from our aquifer."
Maui County Council Member Sol Kaho'ohalahala said Friday's hearing shouldn't create factions on Lanai.
"I don't think we're here to pit our community between those that are for this issue versus those that are against," he said.
Instead, he urged commissioners to consider the "symbiotic" relationship between people and the land on Lanai, where the earliest Native Hawaiians understood water was a critical issue.
"Let's look at what's most important," he said. "The balance of this island is most important, and the sustainability of the island is most important."
* Ilima Loomis can be reached at iloomis@mauinews.com.
