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East Maui community board chair says state may own portions of irrigation system; Mahi Pono asserts full ownership
Summary
Chair Kyle Nakanelua told the Board of Water Supply that meetings with BLNR and a presentation by Dr. Jonathan Scheuer led EMRCB to conclude portions of East Maui's irrigation system lie on state (crown) lands, while Mahi Pono asserts ownership and is not interested in selling or co-management.
Chair Kyle Nakanelua told the Maui County Board of Water Supply on May 21 that the East Maui Regional Community Board (EMRCB) recently elected him chair and that EMRCB and Aha Wai O Maui Hikina are acting as part of Maui County in discussions about the East Maui water systems.
Nakanelua said the EMRCB has met with the Board of Land and Natural Resources (BLNR) and that Dr. Jonathan Scheuer presented material indicating much of East Maui's water originates on state (crown) lands and that, because of license expirations, portions of the irrigation and water-transport systems may revert to the state. "It was brought up that most of the water of East Maui comes from state lands, i.e. crown lands," Nakanelua said.
Nakanelua said Mahi Pono, which previously purchased the land from Alexander & Baldwin, "declared that they own the whole system and they do not have an interest in selling it, nor do they have an interest in a co-management of the system." He asked that Dr. Scheuer present his findings to the Board so members can hear the underlying evidence.
Board member John Helly asked how the BLNR discussions affect the status of contested-case hearings. Helly said learning that the state may own parts of the system was new information to many and pressed for clarity about legal pathways. Vice Chair Ekolu Lindsey voiced a separate political view regarding crown lands.
No formal action was taken; Chair Nakanelua indicated the Board may request a presentation by Dr. Scheuer to provide additional detail.
Why this matters: ownership questions affect whether acquisitions or transfers require contested-case hearings and shape what the county can negotiate with private owners or state agencies. The Board flagged the item for possible follow-up presentations and legal clarification.
