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After hours of discussion and debate, the state Board of Land and Natural Resources voted to approve the issuance of a revocable permit for next year in the ongoing water controversy involving Mahi Pono, East Maui Irrigation LLC, Alexander & Baldwin Inc., Maui County, the Sierra Club and concerned members of the public.
During a meeting Friday, the board looked at item related to the issuance of a revocable permit to Alexander & Baldwin and the East Maui Irrigation Company for the "development, diversion and use of surface water for diversified agriculture, currently existing historical industrial and non-agricultural uses, reservoir, fire protection, hydroelectric and County of Maui Department of Water Supply and Kula Agricultural Park Purposes on the Island of Maui."
The vote is the latest development in how water is being shared, managed, operated and distributed through the current EMI system.
Last month the state land board attempted to look at the possibility of holding a contested case hearing regarding a long-term 30-year permit for water coming from Maui's Ko'olau Forest Reserve.
That decision garnered a plethora of public criticism with county leaders and residents both speaking out on what they believe should be a conflict settled locally first. The board then voted to deny the recommendation for the contested case hearing.
Maui County recently enacted its first East Maui Water Authority with Gina Young as its new director. Young was present at the Friday meeting and said the authority met with Mahi Pono and EMI just days before to discuss the issue.
She said the talks went well, but she was surprised to hear they were asking for more water that day.
"It's kind of hard to hear that they're asking for more water," she said. "We met two days ago. It would have been good to be prepared that that was going to happen. It's hard to go back to the community when you tell them one thing, and then something else happens."
During the meeting, Grant Nakama, senior vice president of Mahi Pono, addressed the water requests for thousands of acres of farmland that run alongside Haleakalā Highway.
"We think the RP should continue to be based on an annual average, not a monthly average as recommended by staff," he said. "Second, we believe the staff's recommended water allocation is too low, even if the annual average is used."
The 2024 revocable permit was calculated on an annual average, he said.
There was some back-and-forth regarding the amount allocated in the permit, and the confusion between groundwater usage and reservoir usage, both to the lessee and to the county.
"We're saying if the allocation is based on an average monthly basis 5mgd is workable, but on those days, when needed, we have to be able to take up to our current 2018 agreement with EMI on a daily basis," Eve Blumenstein with the Maui County Department of Water Supply said during the meeting.
Members of the Sierra Club voiced their concerns regarding the amount being requested for the permit and asked for a contested case hearing. That request was denied.
Throughout the meeting the various parties involved discussed and challenged language used in the permit, including the amount of water taken from private streams and the amount allocated to the county.
The permit, which was approved 5-0 on Friday, includes several conditions, some of which were adjusted prior to the board's vote. These conditions include that the permittee will provide at least 5.25 million gallons per day, averaged monthly, to Maui County.
The permit will also give the permit holders 3,263 gallons per day per acre, averaged annually to less than 1 million gallons per day. The permit also states that the applicant will pay an annual amount of $139,463 to "contribute, either in funds or in-kind services, for watershed management activities in addition to rent for the year 2024." The monthly rental amount for the water is slated at $23,598 per month, or $283,176 annually.
The permittee will also coordinate with an interim committee to discuss water usage issues in the areas where the streams that water may be diverted from under the revocable permit are located. The committee will consist of several members, including a member of the Department of Hawaiian Homelands and interested individuals from the Huelo community.
"The County of Maui respectfully submits this testimony to support the renewal of the revocable permit for one year to Alexander & Baldwin Inc. and East Maui Irrigation Company LLC," Maui County Mayor Richard Bissen said in a statement. "The renewal of this permit is vital to supporting the county's agricultural, municipal and emergency needs, while aligning with our shared goals of promoting food security, economic sustainability and community well-being."
The revocable permit is temporary.