Water from the Ko’olau Forest Reserve. DLNR photo

After holding off on discussing a controversial permit regarding water diversion from Maui’s Ko’olau Forest Reserve, the state land board is scheduled to address the topic again this week.

In September, the state Board of Land and Natural Resources had originally stepped back from discussing holding a contested case hearing on a permit dealing with the diversion of about 85.23 million gallons of public surface water per day from the reserve located in Maui’s Kula region.

That decision came following a request from Maui County Mayor Richard Bissen; however, the board is putting the item back on the agenda for their Friday meeting.

In a letter submitted to BLNR Chair Dawn Chang, Bissen wrote “a deferral of this item will allow the County of Maui and other interested parties to explore possible long-term partnership opportunities that will address the water needs of both the public and private entities that depend on this important water resource.”

The state land board’s meeting will come just days after Maui’s new East Maui Water Authority Director Gina Young is sworn in to her position Wednesday morning.

Young assisted in the creation of a 2022 local charter amendment, supported by voters, that created the water authority in hopes of giving more localized control over one of the island’s most precious resources.

Bissen also wrote: “My hope is to end the long-standing conflict surrounding this water resource, and to bring the parties together to explore fair and equitable ways to balance everyone’s water needs. The best way to accomplish this end is to come up with a working compromise rather than an expensive, lengthy contested case proceeding.”

In response to Bissen’s letter, Chang announced the board would postpone the matter, stating in a press release that withdrawing the item “allows us to not only respect the newly established local water authority on Maui, but also support Mayor Bissen’s request to explore long-term partnership opportunities to address public and private interests that depend on this important water resource.”

According to the latest report, the decision to add the topic back on the agenda was, “based on the impending need for the board to take action regarding the revocable permit for 2025 and the potential litigation resulting from this action, the number of active lawsuits and a refusal to engage in settlement negotiations by some parties, the chairperson recognizes the need to immediately move forward with long-term solutions, which will ultimately have to involve the board.”

For the past 30 years, the topic has been held up in litigation — most notably the case of the Sierra Club of Maui challenging the board’s oversight in approving the lease to long-standing water permit holder Alexander & Baldwin.

Alexander & Baldwin, once part of the “Big Five” companies in the territorial Hawai’i and one of the state’s largest private landowners, requested a 30-year permit for the water, which would also benefit its corporate partner Mahi Pono for diversified agricultural purposes.

According to a recent BLNR document, East Maui Irrigation Company is a subsidiary of the Alexander & Baldwin and has operated a diversion and ditch system known as the EMI System in East Maui for more than 140 years.

The partnership began in 1938, when the territory of Hawai’i and EMI entered into the East Maui Water Agreement. That agreement provided for the disposition of water licenses at public auction for lands owned by the Territory at Helo, Honomanu, Ke’anae, and Nahiku.

The 1938 Agreement also granted EMI a perpetual easement for the EMI System located in the state-owned license areas. The most recent long-term licenses were issued in the 1950s and the 1960s, and following their expiration, annual revocable permits were issued by the board.

The document adds: “On May 26, 2000, the board approved the issuance of four revocable permits to A&B and EMI to take water from the four license areas. Since 2019, the Sierra Club has challenged the issuance of revocable permits for the diversion of water from East Maui streams to A&B and EMI, resulting in a trial, multiple challenges to the denial of the contested case hearings, and a court-ordered contested case hearing over the permits to date.”

A revocable permit is utilized by the Department of Hawaiian Home Lands to grant permission to an individual or an entity to occupy and utilize Hawaiian home lands on a short-term basis.

The state also recognized in its agenda item that the East Maui Regional Community Board raised questions about whether the board may transfer its rights under the 1938 agreement to the county, and stated that the issue may be considered during the contested case hearing.

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.