Commission defers decision after split vote over Maui Land & Pine’s diversion fixes and petition for public hearing

The Water Resource Management Commission on May 2026 debated whether to treat as moot a petition seeking a contested public hearing into Maui Land & Pine Company’s (MLP) alleged long-running failures to meet prior orders to upgrade diversion 770. After more than two hours of staff presentations, technical testimony from system operators and extensive public comment from farmers and community groups, the commission did not adopt the staff recommendation and instead deferred the matter for further legal and factual briefing.

Staff from the commission’s Stream Protection and Management Branch told commissioners that MLP has completed a remotely operated intake and related improvements at diversion 770 and that those upgrades — plus restrictor plates and a redundant return at the so‑called taro gate — meet the spirit of the commission’s 2019 and 2021 orders and support continued monitoring and enforcement. “The improvements at diversion 770 have now been completed,” Erin Stro of the stream protection branch said, adding that the department had already pursued enforcement earlier and secured funding for expanded USGS gauging.

Petitioners and community witnesses pushed back, arguing the fixes came only after years of delay and that the statutory fine and monitoring commitments do not remedy the economic and safety harms they say resulted. “MLP only acted after 2025, which is six years later from the original order,” said Kenji UI, who identified himself as general manager of DIY Management Corporation and petitioner for the golf courses, urging the commission to schedule a public hearing and consider a stiffer penalty. Farmer Gary Guby said his operation lost roughly $25,000 per month during the period of shortage and called the staff recommendation “the opposite of justice.”

Commissioners pressed staff and respondents on the timeline, technical constraints and rationale for past amendments. Respondent presenters described how satellite communications (Starlink), battery and backup power and remote cameras were used to enable a remotely operated gate at the intake and a redundant return location downstream. “Now we can communicate back into the remote location and provide power … that can operate the intake,” Cal Chip Chase told the commission, summarizing the technical changes.

The commission considered a motion to approve the staff recommendation with clarifying language ordering MLP to maintain a remotely operated intake at diversion 770 consistent with the commission’s 2019 order. Roll-call voting resulted in a three–three tie, and the motion failed (Commissioners Sito, Kanaka and Springer voted in favor; Commissioners Ryder, Cafe and Haya opposed). The body then voted to defer the matter for additional briefing and legal consultation; the deferral passed and the item will return for further consideration.

Background and next steps: In December 2025 the commission found 28 violations related to the diversion and imposed a statutory maximum fine of $140,000 (the commission’s staff said the amount reflects $5,000 per violation). Staff said the fine has been directed to fund monitoring (including USGS gauges) and that MLP has implemented the infrastructure relied on in the staff recommendation. Because the matter was deferred, the commission did not make a final legal determination on whether the petition should be granted or whether additional penalties are warranted.

The commission said it will obtain further legal advice and follow up with a report and potential next hearing date; the petition and enforcement history will remain on the docket until the commission resolves the outstanding procedural and factual questions.