The Maui County Council on Friday voiced its support for restoring flow to a Molokai stream that community members say could be in jeopardy due to a legal challenge by the landowner.

The council unanimously approved a resolution 9-0 to urge the state Commission on Water Resource Management to deny the request for a contested case by Molokai Properties Ltd. and to fully restore Kawela Stream.

On Oct. 18, the commission approved full restoration of Kawela Stream, which has been “almost exclusively diverted” to West Molokai by Molokai Properties for more than 100 years, the resolution said.

Molokai Properties has since requested a contested case hearing, which halts full restoration of the stream that would “significantly enhance” the hydrological, biological and social health of the Kawela Ahupua’a, the resolution said.

Molokai resident Josiah Ching expressed support for the resolution and the full restoration of the stream, saying “this is the worst shape I’ve seen the aina in almost 40 years that I have lived here.”

He added that Molokai Properties is just trying to prolong the process and the company’s mismanagement has “horribly degraded” the land and resources.

Malia Akutagawa, who is from Molokai and is an associate professor of law and Hawaiian studies at the University of Hawaii at Manoa, said Kawela used to have flowing perennial streams and springs along with abundant wildlife such as ‘o’opu (native freshwater fish) and hihiwai (freshwater snails). But now, the area is “turning into a desert.”

She said the company shuttered the ranch in 2008 and let go the majority of their employees.

“The ranch has no need for the water other than make their property attractive enough to a prospective buyer,” she added.

In 2017, more than 55,000 acres of Molokai Ranch land was listed for sale at $260 million.

Council Vice Chairwoman Keani Rawlins-Fernandez, who holds the Molokai residency seat, said it was important that the council pass the resolution, as the commission could take up the contested case matter as early as this month or in the next few months.

This is so the commission “will understand the position of this council in supporting the Molokai community and in fully restoring the stream and upholding its earlier decision,” she added.

Council Member Tasha Kama questioned what could be done to “make and ensure” that Molokai Properties does “what they are supposed to do” in resorting the streams. She wanted to ensure enforcement.

Council Chairwoman Alice Lee said the matter is a state issue, and while Kama said she understood, she added that “our people live here” and that they are “looking to us” to help.

The resolution does not have the force or effect of law but is one way for the council to publicly take a stance on an issue.

Rawlins-Fernandez added that Molokai Properties is following the process in which they are allowed to request a contested case hearing. But, it is up to the commission to grant it or not.

If the commission does not grant it, then the commission’s order of fully restoring Kawela Stream still stands.

She said she will continue working with the state and its officials on water matters and that council members should be present when the new governor nominates people who will oversee water issues and that they should testify on how they feel.

Another matter that garnered supportive testimony Friday was the tweaked version of the “aina kupuna” bill that passed a year ago as a way to help longtime local families from being taxed out of properties they have held for decades.

The measure allows qualifying owners to only pay the minimum property tax, which is currently $350 a year. On Friday, the council gave its approval on first reading for a change to the bill that would amend criteria to qualify for the lower tax.

Now to qualify, the property needs to have been assessed more than $10,000 in property taxes over the last 10 years.

The current threshold is more than $50,000 over the last 10 years.

In a separate matter, council members did not take action on second and final reading for a bill to establish a cultural overlay map and cultural sensitivity designations as well as other related review processes to preserve cultural resources and promote careful planning.

Instead, Kama asked for a public hearing on the bill. She was joined by Council Members Yuki Lei Sugimura and Lee in requesting the hearing.

The hearing is scheduled for Dec. 16, the same day of the next council meeting. Other matters not taken up during Friday’s council meeting will be discussed at the Dec. 16 meeting, Lee said.

* Melissa Tanji can be reached at mtanji@mauinews.com.