HONOLULU -- Community groups seeking to have more diverted water released from Na Wai Eha, or "the Four Great Waters," filed a notice of appeal Monday with the state Commission on Water Resource Management.
The appeal stems from the commission's June 10 decision to restore 12.5 million gallons per day from Waihee River and the Waiehu, Iao and Waikapu streams. That was about a third of the amount earlier recommended by contested case hearings officer Dr. Lawrence Miike.
Earthjustice, representing Hui o Na Wai Eha and the Maui Tomorrow Foundation, filed a notice of appeal with the water commission, which will prepare a record of its deliberations and forward it to the Hawaii Intermediate Court of Appeals, said Earthjustice attorney Isaac Moriwake.
Once the matter is before the intermediate court, it will get briefs from the parties and schedule oral arguments, he said. That process could take weeks or months.
Officials with Hawaiian Commercial & Sugar Co. and the Department of Land and Natural Resources did not have an immediate comment Monday afternoon.
Moriwake said it's possible there might be a request to bypass the intermediate court and have the case heard directly by the Hawaii Supreme Court, but a decision on whether to do that had not been made. If the matter remains with the intermediate court, its decision also could be reviewed by the state's high court, he said.
The filing of the notice of appeal follows through with the pledge by taro farmers and environmentalists to challenge the water commission's ruling in Hawaii courts.
"The commission fudged its decision based on plantation politics, instead of following the law," said Hui o Na Wai Eha President John Duey. "Now we must turn to the courts to uphold the law that flowing rivers and streams are a public trust, not a plantation plumbing system."
Maui Tomorrow Executive Director Irene Bowie said the commission "failed the public trust and violated with Hawaii Constitution and Water Code, and we look forward to our day in court."
HC&S and Wailuku Water Co. divert stream water from Na Wai Eha for irrigation and other uses. HC&S officials have maintained that ongoing access to stream water is critical to maintain the viability of the plantation, particular with Maui's ongoing drought.
