[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6580239,"mediaKeyId","3142673-fefa0f707ed31581e3a233d3864cf558","parentId",3142673,"title","Staff proposes interim permits and tiered review to protect public‑trust uses as West Maui sustainable yield is reassessed","audioSeconds",12137,"startMs",15565000,"endMs",3428000,"viewUrl","/Search/View?dp=1&key=3142673-fefa0f707ed31581e3a233d3864cf558&start=15565&end=3428","thumbnailUrl","https://assets.pipeline.soar.com/3142673-fefa0f707ed31581e3a233d3864cf558/thumbnail_15565000.jpg","articleUrl","/articles/6580239/Hawaii/Staff-proposes-interim-permits-and-tiered-review-to-protect-publictrust-uses-as-West-Maui-sustainable-yield-is-reassessed","mediaUrl","https://secure.pipeline.soar.com/6580239-18e68319e72f2424a38d1b4e350ad826/orig.mp4?Expires=1770978306&Signature=Cv33Q0P1bjirXpMZT-ZBIm9ZTPEoGK091aecrx9egzbTZAPEfbRa228q1l-xheNfD4RRKZQn16OwEONE11o7YAsLWHviWWAbwXS2izSR~Sg0SeVtwVTvLUaLDO6UaH6moCgXacrqyXDyUPw5GndVKojHlc3OdQNEdmCOgvNYmrpEBge7HvohmNhDuX~IbTGTQHmYZJC7AWVn9xiC-LIxNGLvo~RKj1KYfmmUKat8WvSM26KSNW2lf1ANky0~cn4-cF6WIRTM8NK4HiKH1Zrm~7rPjpMsE~7VJ-9lQcTs6nJhci0oS8Mr4tyVdLYNk1siB2eEE8Cr0lFXT1~-6J23Iw__&Key-Pair-Id=KUT5TJCACFTXG","author","Hawaii - Water Resource Management, Commission on","date","2025-04-29T04:50:02.847Z","article","Deputy Director Kira Kamalhane presented a proposed process on April 28, 2025 for how the Commission on Water Resource Management might proceed with dozens of pending water‑use permit applications in the West Maui surface and groundwater management area. Staff proposed issuing interim permits for existing uses, using a phased, tiered review that would prioritize traditional and customary appurtenant (kuleana) rights and other constitutionally protected public‑trust purposes before addressing other existing and new commercial uses.

Kamalhane told the commission the proposed framework would allow the agency to move more quickly to regulate excessive uses while the longer technical work — including sustainable‑yield reevaluation and additional monitoring — proceeds. \"I am proposing a potential framework to phase permits,\" she said, describing a four‑tier outline that would put appurtenant and traditional/customary uses first, municipal domestic needs and public‑trust restoration projects next, then other existing uses, and new uses last (with the handling of new housing flagged as a question to resolve).

Why it matters: Lahaina and adjacent West Maui aquifers have shown signs of stress in monitoring data, public testimony said, and many speakers urged the commission to act to prevent saltwater intrusion and further harm to streams, lo`i and marine nearshore ecosystems. The permitting backlog includes large utilities and private purveyors as well as many small community users, and witnesses repeatedly noted that private purveyors currently control a large share of the county’s groundwater allocation.

Details of the proposal: Staff outlined these elements:
• Interim permits for existing uses: interim permits would be valid for a limited time, subject to renewal and to modification or reduction by the commission, and would allow the commission to regulate current pumping sooner than a full, final permit process while more data are collected.
• Tiered prioritization: Tier 1 — appurtenant (kuleana) rights and traditional/customary practices; Tier 2 — municipal domestic uses and public‑trust restoration (and possibly watershed restoration); Tier 3 — other existing commercial uses; Tier 4 — new uses, with timing and conditions to be determined.
• Alternatives analysis and monitoring: water‑use permits require an alternatives analysis (for example recycled‑water or R1 systems, conservation or desalination) and staff said interim permits would give the commission flexibility to integrate alternative supplies as they become available.
• Timeline and process: staff proposed drafting an interim permitting framework in the spring and seeking targeted public comment in summer, then returning to the commission in the fall with a recommended approach and potential actions. Staff emphasized the potential for mediation where objections arise but acknowledged contested‑case hearings and judicial appeals are possible.

Sustainable yield review (C‑1): Planning branch staff member Neil Fujii described parallel technical work to reassess sustainable yields for Lahaina aquifer system areas. He explained the commission’s historical use of a \"robust analytical model\" (RAM) that is computationally simple but does not represent spatial heterogeneity, and discussed other options including an updated grama2 approach and full numerical groundwater modeling. Fujii said staff will consult hydrologists, groundwater‑dependent ecosystem experts and traditional/customary practitioners and that more monitoring and targeted modeling will be required before definitive changes to sustainable yields are made.

Public and legal response: Testimony at the meeting emphasized three recurrent points: (1) communities want the commission to protect traditional and domestic water uses first; (2) many residents say private purveyors and development currently control a disproportionate share of water (a number often cited in testimony was 77% private control); and (3) speakers urged the commission to use available tools — water shortage declarations, emergency orders, and renewed oversight of private purveyors — rather than letting new withdrawals proceed unchecked.

Legal alternatives suggested in testimony included HRS 174C‑62 (authority to declare a water shortage) and emergency orders under HRS provisions allowing the commission to apportion, rotate, limit or prohibit uses to address an emergency. Mahesh Cleveland, an attorney with Earthjustice, told the commission the statutory exemptions are narrow and warned that attempting to redefine new wells as \"existing uses\" by declaratory ruling would likely fail judicial review.

Commission discussion and next steps: Commissioners asked staff to gather clearer, public data on who is using water across systems, to scope the staffing and technical resources needed for permitting and modeling, and to prepare a public explanation of the tiering and interim‑permit process for targeted outreach. Staff said it will draft an interim permitting framework for public comment and continue the sustainable‑yield technical work.

Ending: The proposal drew both support and skepticism: some attendees called it a constructive path to rapid regulation; others warned mediation could delay outcomes and urged immediate action to regulate private purveyors. Staff and commissioners asked for further written input and technical collaboration from stakeholders and experts before returning to the commission for action.","mediaType","Video","parentTitle","April 28, 2025 Monthly Water Commission Meeting","oneSentenceSummary","Commission staff proposed issuing interim permits and using a tiered, phased approach to act quickly on existing water uses in West Maui while recalculating sustainable yield and collecting more monitoring data.","taxTitle","Water Resource Management, Commission on, Executive , Hawaii","taxId",26073,"location","Hawaii","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6580242,"County withdraws Kahana well petition; commission takes public testimony in Lahaina",1955,439000,2394000,"/Search/View?dp=1&key=3142673-fefa0f707ed31581e3a233d3864cf558&start=439&end=2394","https://assets.pipeline.soar.com/3142673-fefa0f707ed31581e3a233d3864cf558/thumbnail_439000.jpg","/articles/6580242/Hawaii/County-withdraws-Kahana-well-petition-commission-takes-public-testimony-in-Lahaina","https://secure.pipeline.soar.com/6580242-33ebf2f0eb8745d0ed79f59aca438802/orig.mp4?Expires=1770978306&Signature=NALwpIOSkLQ4tj--3peohRHg-ApR7eOxNQuaMWdf1toxGS3V-nct3DS0ccwmhbMd-Q4GnwIAikBa3LNV4USyavZ6zuCXc21xhsYaYuwWm-UCs5QevVm~L6YcUZ~qR3sWyZrP78MxWbzNfaU6tqJZBSUIp62~ogtZ9qPCssh8uxT3TclW-3qzTMfIogXeavyhwHYIvrYKViAoYBtxfRk3boxoyTWxie6CkLv2g56RVj4E0Iuc6hnK~lLlUh6CEYkJKl3Z~SzRnGTWRRM~V4hTmes1HNBcRB-xFXrEyUS-MFv8ehYc-OdvRXW59IHs-992y3A6Bs5qYt6okEY-59lPRg__&Key-Pair-Id=KUT5TJCACFTXG","The Commission on Water Resource Management met in Lahaina on April 28, 2025, to receive public comment after the County of Maui withdrew a declaratory petition asking the commission to rule that a recently constructed Kahana Well need not obtain a water use permit. Deputy Director Kira Kamalhane told the commission the County of Maui asked that its petition be withdrawn and staff had posted that withdrawal online; the agenda item was handled as an informational briefing and no action was taken.

The matter drew large public attendance and extended testimony. \"That language ... should be stricken from this submittal,\" Deputy Director Kira Kamalhane said on the record when correcting an error in the staff submittal. Commissioners and staff emphasized they would accept public comments although the commission would not take action on B‑1 because the applicant had withdrawn the request.

Why it matters: The County of Maui sought a declaratory ruling to treat Kahana Well as an existing use so that it would not need a water use permit despite Lahaina being a designated surface and groundwater management area. Testimony from students, residents and advocacy groups warned that further groundwater withdrawals risk worsening salt intrusion, harming traditional native Hawai`ian practices and marine life and that the region’s water has long been distributed unequally between private purveyors and community uses.

What staff said: Kira Kamalhane summarized the county’s original request: County staff were seeking a ruling that the well would not require a permit because it had been constructed before the water management designation and the County said the well was needed to supplement downstream supply when low flows left the Mahina Hina water treatment plant without surface inflow. Kamalhane told the commission the county had notified staff it was withdrawing the petition on Thursday and staff posted the withdrawal on Friday.

Correction on the record: Kamalhane also noted an error in the staff submittal and read the correction aloud. \"That language, that passage there starting with 4 and ending with commission should not be there. That should be stricken from this submittal,\" she said, adding staff would post a corrected version.

Public testimony: The meeting included dozens of in‑person speakers and many students from local schools. Testimony repeatedly urged the commission to prioritize public‑trust purposes — including traditional and customary practices, domestic use and DHHL reservations — over commercial water uses. Testifiers expressed concern that about 77% of West Maui water is controlled by private purveyors and developers, while the county and community receive a much smaller share. Students and community members told the commission they were seeing green golf courses, resorts and landscaped luxury homes while lo`i kalo, streams and domestic supply in some neighborhoods are brown or reduced.

Representative remarks included: Bridal Tanaka, a Lahaina resident, who said traditional practices depend on fresh stream flows and opposed a permanent permit that would allow continued pumping without community safeguards; Koelle Loa Kaputikwana, a junior at Kula Kaiapuni, who described the long history in the state constitution and case law of prioritizing traditional and customary uses; and Mahesh Cleveland, an Earthjustice attorney, who warned legal limits on exemptions: \"you can't just exempt, random parties from a permitting requirement where the only exemptions for water use permitting are water catchment and individual domestic users.\"

What the County said (and did): County of Maui Department of Water Supply staff originally described the Kahana Well as a measure to provide redundancy to the North system (Na Pili to Honokohau) when surface inflows to the Mahina Hina treatment plant fall to zero. The county later withdrew the petition; staff said they did not know whether the county would resubmit the request.

Next steps and context: Because the petition was withdrawn, the commission did not vote. Commissioners and staff said the broader West Maui surface and groundwater management process (WUPA process) remains the avenue to consider applications and that testimony received at the meeting will be part of the record. Multiple speakers urged the commission to use existing tools — including water shortage or emergency declarations, tighter oversight of private purveyors and expanded recycled‑water (R1) or other alternatives — rather than allow a declaratory shortcut.

Ending: Commissioners thanked the many students and residents who testified. Deputy Director Kira Kamalhane and staff said they would post corrected submittals and that the commission would continue the larger water management work for West Maui, including permitting and sustainable‑yield review.","The Commission on Water Resource Management met in Lahaina on April 28, 2025, to receive public comment after the County of Maui withdrew a petition asking the commission to rule that a recently constructed Kahana Well need not obtain a water use permit.","actionData","errors"]

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Staff proposes interim permits and tiered review to protect public‑trust uses as West Maui sustainable yield is reassessed

County withdraws Kahana well petition; commission takes public testimony in Lahaina