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

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 Deputy Director Kira Kamalhane told the commission the County of Maui asked that its petition be withdrawn and staff had posted that withdrawal online; the agenda item was handled as an informational briefing and no action was taken.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they would accept public comments although the commission would not take action on B‑1 because the applicant had withdrawn the request.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.