Maui County Mayor Richard Bissen is asking the state land board once again to hold off on discussing a contested case hearing involving a 30-year permit for water from Maui’s Ko’olau Forest Reserve.

In September, the Maui County mayor had asked the state Board of Land and Natural Resources and Commission on Water Resource Management Chair Dawn Chang to wait to discuss the agenda item that deals with a permit involving the diversion of about 85.23 million gallons a day of public surface water.

The issue centers around current and long-standing water permit holder Alexander & Baldwin and its corporate partner Mahi Pono, which are asking to secure a 30-year permit that may divert the water for diversified agricultural purposes.

However, the topic has attracted controversy and criticism over the past few decades, and it has been the center of debate on how water, considered a public resource, may be managed and utilized.

Chang had originally honored Bissen’s request, publicly stating the decision would allow the state board to respect the new local water authority, and support the mayor’s vision of seeking an amicable and less expensive agreement.

But last week the topic was added as an agenda item for the BLNR’s meeting at 9 a.m. Friday, which came as a surprise to the local administration.

In a Nov. 7 letter to BLNR, Bissen wrote, “Yesterday, the first director of the newly created East Maui Water Authority (EMWA) was sworn in before a standing room only crowd at a ceremony held in the mayor’s conference room in Wailuku, Maui. Sixty-four percent of Maui’s voters requested the EMWA be formed so that Maui’s residents would finally have a seat at the table, and a voice in the decision of how our East Maui watershed is cared for and its water equitably distributed.”

Expressing the administration’s mindfulness of the island’s history of taro farmers and agriculture, he described the decision to revisit the agenda item that recommends holding a contested hearing over the disposition of the East Maui Water License as puzzling and “extremely disappointing.” The testimony also states the administration was not informed the item was going to be added back on the agenda.

He wrote: “Your decision to reschedule this item so quickly jeopardizes our efforts to negotiate a communitywide solution.”

Bissen also challenged the leaderships’ perspective that negotiations were futile. In a report issued by BLNR, the decision to add the topic back on the agenda had to deal with the potential for litigation, the number of active lawsuits surrounding the case and “a refusal to engage in settlement negotiations by some parties.”

Bissen wrote in his testimony: “We strongly disagree with the statement contained in your staff report that some parties are refusing to negotiate. You have not given the affected parties the necessary time to negotiate, especially the EMWA director, who was only sworn in (Wednesday).”

Bissen also raised questions about the intent and need for a contested case hearing, which may be required by law.

“No one has requested or suggested that a contested case hearing be scheduled other than you. While it is true that BLNR’S administrative rules allow a contested case to be scheduled on the board’s own motion, the rule also provides that this be done when ‘required by law,'” Bissen wrote.

“Here, there is no legal requirement that currently justifies the board’s own initiation of a contested case,” he added.

Bissen also said that “talks have already begun” to see the issue resolved amicably.

Multiple attempts were made to reach the BLNR for comment, but no response was received by Thursday’s deadline.

The board will meet at 9 a.m. Friday at 1151 Punchbowl St. in Honolulu in the Department of Land and Natural Resources’ boardroom in the Kalanimoku Building.

Residents can tune in via zoom at us06web.zoom.us/j/82367316378 or watch the live stream at youtube.com/live/GzR9wywAyqU.