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The state Board of Land and Natural Resources has deferred making a decision on whether to hold a contested case hearing over the diversion of public surface water from the Ko'olau Forest Reserve.
The delay follows a recommendation from the state Department of Land and Natural Resources' Land Division to hold a contested case hearing on a proposed disposition of a water license. The license could be issued by public auction or via a governor's executive order to the County of Maui.
According to BLNR, board members said they want to hear back from stakeholders on any progress toward an agreement before the matter returns to the board.
Maui County Mayor Richard Bissen and residents had requested the BLNR give the community more time to meet with Mahi Pono to support a long-term partnership.
While board members agreed to defer their decision, BLNR Chair Dawn N.S. Chang noted that Mahi Pono's revocable permit for East Maui Irrigation expires in December.
"BLNR has a public trust duty to ensure that the Maui County Water Department continues to get water from the East Maui irrigation system to meet the needs of the upcountry Maui residents for drinking water and fire suppression," Chang said in a news release Thursday.
Legal disputes over water from state-owned East Maui streams have been recurring since the mid-1990s, the board said.
BLNR said several developments have helped address long-standing issues where stream protection has traditionally competed with the need for domestic, municipal and agricultural water. Among them are the completion of an environmental impact statement, the establishment of Interim Instream Flow Standards and the restoration of several streams to support traditional and customary taro farmers and native stream habitat.
The board also noted that sugar plantation closures and lands transitioning to diversified agriculture have also led to more water returning to the streams. In addition, the BLNR has previously withdrawn 30,000 acres of forest lands from the current revocable permit, thereby reducing water diversion.