Hawaii First Water

10/21/21-PARTICIPATE IN “IMAGINE A DAY WITHOUT WATER”

(October 2021) (DLNR/Honolulu) – Imagine a Day Without Water, on Oct. 21 is a day to pause and reflect on the value of water in our daily lives. COVID-19 and the climate crisis have underscored the critical role that natural and man-made water systems play in our communities. They protect our health and safeguard the environment. DLNR is partnering with the Honolulu Board of Water Supply for this nationwide awareness event.

Not having water is a reality for many people. Across Hawai‘i, some families still lack access to reliable and safe drinking water. They eagerly await the next rainstorm so they can collect and filter the water that falls on their rooftops. During periods of prolonged drought, their only options are filling containers at remote stations or paying high prices to have water delivered to their home. “Some rural communities in Hawai‘i actually live without water security,” explained Commission on Water Resource Management (CWRM) Deputy Kaleo Manuel. “Streams continue to be diverted that impact instream biota and traditional and customary rights, water rates are increasing on private and public water systems, and some families have to make real decisions about whether to pay for electricity or water .”

 

To see more of article see. https://dlnr.hawaii.gov/blog/2021/10/15/nr21-181/

How Water In Hawaii Became A Matter Of Public Trust

(September) By Chad Blair in Civil Beat.  Article XI, Section I of the Hawaii Constitution states that, for the benefit of all generations, the state and its political subdivisions shall conserve and protect all of its natural resources, including water.

Water along with land, air, minerals and energy sources are held in public trust, a major outcome of the 1978 Constitutional Convention.

And yet, in spite of this bedrock principle, battles over water rights continue through the present day, most recently and prominently seen in East Maui, where taro farmers and environmental groups have tangled with large developers and land owners for decades over diversion of stream water.

A new book, “Water and Power in West Maui,” written by Jonathan Scheuer, long active in helping groups manage environmental conflict and preserve resources, and Bianca Isaki, an attorney and director for the North Beach-West Maui Benefit Fund, reminds us that struggles over controlling access to fresh water are hardly limited to East Maui.

It’s a statewide issue, and it is fundamentally about “perpetuation of political and economic power and privilege,” as a blurb for the book accurately states.

See the rest of the article in Civil Beat here…

 

International Tropical Islands Water Conference

April 2021: (Editor Comment:  This virtual UH sponsored water conference has a small fee for students, but has a very robust schedule of events which will be a “one of a kind” water educational event for Hawai’i)

This virtual event will be held April 12-15, 2021 from 11 am – 3 pm Hawaiʻi Standard Time*, and is organized by the Water Resources Research Center (WRRC, Hawaiʻi) and Hawai‘i EPSCoR ʻIke Wai at the University of Hawaiʻi at Mānoa, in collaboration with our partner water centers: the Water Environmental Research Institute of the Western Pacific, University of Guam (Water and Environmental Research Institute) and the Virgin Islands Water Resources Research Institute, University of the Virgin Islands (Water Resources Research Institute), and the Water Resources Research Act Program of the United States Geological Survey (USGS).

here is the link to website and registration page

Mayor: Maui Will Not Withdraw Supreme Court Appeal in Lahaina Injection Well Case

(Editor Comment:  Environmentalists would like to settle this case out of court fearing that a more conservative Supreme Court will weaken the Federal Clean Water Act.)

October 2019: Maui Now: Wendy Osher: Maui Mayor Michael Victorino says the County of Maui will not withdraw its appeal of the Lahaina injection well case from consideration by the US Supreme Court.

He is now seeking clarification from the high court saying, “I want Maui County taxpayers and ratepayers to have their day before the US Supreme Court and get clarity on this important question on the application of the Clean Water Act.”

In a statement issued on Friday, Mayor Victorino said:

“To allow this to go unanswered leaves us vulnerable to more lawsuits, to uncertain regulatory requirements and staggering costs – all for what would be a negligible environmental benefit. The legal exposure is immense, not only for the County but for private property owners as well. It goes far beyond injection wells. The Ninth Circuit’s decision means that many County facilities – including Parks, Public Works, Environmental Management are likely in violation of the federal law as it’s interpreted by this court. Penalties can be imposed of nearly $55,000 per day per source. The effect on private property values, and the associated property taxes which fund the majority of County operations, cannot be ignored.”

Attached is Mayor Victorino’s letter to Maui County residents and a Corporation Counsel opinion on settlement authority. Letters, memorandums and other documents connected with the case can be found online.

Four community groups, represented by Earthjustice (Sierra Club and the Surfrider Foundation, with support from Hawai‘i Wildlife Fund and West Maui Preservation Association) filed a complaint with in Hawai‘i Federal District Court in 2012, alleging that Maui County was in violation of the Clean Water Act for its injection well discharges of municipal wastewater into the Pacific Ocean just offshore of Kahekili Beach Park in West Maui.

The groups claim that pollutants from the Lahaina Wastewater Reclamation Facility are flowing to the ocean and harming coral reefs.  Environmental groups who brought the lawsuit say they’re asking the County to fix nearshore deadzones and give Maui’s reefs a chance to recover.

The rest of the Maui Now article is here….

Maui County committee agrees to settle injection well case

September 2019; WAILUKU, Maui (AP) — County officials have recommended settling with environmental groups that sued over the use of injection wells.

Members of the Maui County Committee on Governance, Ethics, and Transparency voted 5-3 to recommend that the full council settle and remove the case ahead of U.S. Supreme Court consideration in November.

See the rest of the article here...

(Surface) Fresh Water in Hawaii

September 2019: (Editor Comment:  This Bibliography was probably put together to help address all the issues of water in Maui) University of Maui College: This bibliography has been developed to support research on surface water rights in Hawai‘i, focusing particularly on works that detail the history and development of Hawaiian water rights.  The intended audience are landowners, in Hawai‘i, seeking to understand their own water rights. Nevertheless, this bibliography is also targeted at post-high students and researchers interested in water rights and law and assumes a basic understanding of land and water rights in Hawai‘i.

Please use this link to see the bibliography!

Maui County Running Out Of Time To Settle Clean Water Act Case

Aug 2019: Civil Beat: Author: Nathan Eagle; Maui County Council members are expected to decide Tuesday (3 Sept 2019)  if they want to go against Mayor Michael Victorino and settle a major Clean Water Act case instead of letting a conservative-leaning U.S. Supreme Court decide it in November.

The four environmental groups that brought the lawsuit delivered petitions this week with more than 15,000 signatures to Council Chair Kelly King. They are urging the council to step in now so it can spare the county — and the country — from an unfavorable judgment.

The Hawaii Wildlife Fund, Sierra Club-Maui Group, Surfrider Foundation and West Maui Preservation Association sued in 2012 after trying for years to reach an agreement with the county over its Lahaina wastewater reclamation facility, which has been releasing treated water into the ground that ends up entering the ocean and harming coral reefs.

The conflict revolves around the adverse effect of the effluent discharge on the coral reefs and marine ecosystem at Kahekili on Maui.

District and appeals courts have ruled that the county needs a National Pollutant Discharge Elimination System permit for the facility, which handles about 3 million to 5 million gallons of sewage a day. It serves about 40,000 people. 

But Victorino is fighting that decision and has succeeded in getting the case before the U.S. Supreme Court.

Environmentalists are concerned that the court’s decision would gut the Clean Water Act, a situation that would have implications far beyond Hawaii.

For the rest of the Civil Beat article click here…

Opinion: House Bill 1326 Regarding Maui Stream Diversion

By Gary Hooser | April 21, 2019/ Star Advertiser Opinion:

In my 20 years of experience in government, politics and policy-making, House Bill 1326 is the most egregious example of special-interest legislation I have ever seen.

Fortunately the state Senate has taken time to listen to public concerns. After weighing both sides, conducting a thorough public hearing, asking tough questions and even visiting the Maui community most impacted, the Senate led by Water and Land Committee Chairman Kai Kahele has decided to shelve HB 1326.

Key Senate members have stated publicly they have no intention of passing HB 1326, but technically, it remains alive. Until the session ends May 2, anything can happen.

Alexander & Baldwin (A&B) stands to gain or lose $62 million, depending on the outcome of HB 1326. In essence, it is attempting to sell public trust water rights derived from stream diversions in east Maui. The intended beneficiary of this transaction is Mahi Pono — a California-based LLC, financed by a Canadian pension fund — which recently purchased the majority of A&B lands on Maui.

One fairly significant problem with this proposal is that A&B neither owns, nor has long-term control over this water.

In Hawaii, whether beneath the ground or flowing through our rivers and streams, water is a public trust resource. Businesses may use the resource, but must secure a permit that ensures sufficient water remains in the stream to preserve its natural ecosystem and that down-stream users also have access.

Yet this one company, the last remnant of the “Big 5” plantation era, and arguably the most politically powerful private landowner in Hawaii, is attempting, with the Legislature’s help, to secure those water rights without securing the proper long-term permits, and then transfer those water rights to Mahi Pono — pocketing a cool $62 million in the process.

The original HB 1326 proposed giving A&B and a handful of others an unlimited amount of time to divert an unlimited amount of water, without securing the permits and without ensuring environmental or down-stream user protections.

The present measure, HB 1326 House Draft 2, allows them 10 years, three of which have already passed, to comply with permitting requirements and convert their “temporary” one-year revocable permits (RPs) to proper long-term water leases.

Though A&B is the primary proponent and largest beneficiary of the measure, nine other RPs also are impacted by HB 1326 HD2, including some utilized by small ranchers and farmers.

The current controversy surrounding the plight of the small farmer and rancher is a manufactured crisis, perpetuated by the primary beneficiaries of HB 1326 HD2 and designed to promote fear and uncertainty.

The state Department of Land and Natural Resources (DLNR) has issued RPs to small users in the past without a problem. There is no specific legal impediment that prevents DLNR from extending the temporary RPs of these particular small farmers and ranchers while they pursue long-term leases.

The DLNR could provide certainty today, to all concerned by simply announcing its intent to continue extending the RPs of small users, so long as they demonstrate good faith and positive intent in pursuing a proper long-term water lease.

To his credit, Kahele, while acknowledging that DLNR could act unilaterally to resolve the situation, offered up a compromise that protected the little guy, while holding A&B accountable. Unfortunately, this overture was rejected.

The underlying problem is DLNR’s inability to manage the permit process. However, it’s neither the Legislature’s job nor in the public’s best interest to attempt to fix bad management with bad special-interest legislation.

And it’s certainly not the Legislature’s job to bail out a company that sold water rights it does not own.

It’s time the Legislature demand that the DLNR do its job. We, the collective community and the Legislature, need to move past the distraction and passions generated by HB 1326, and focus instead on the myriad other important bills begging for our time and attention.

Gary Hooser, a former state senator and Kauai Council member, is board president of Hawaii Alliance for Progressive Action (HAPA) and executive director of Pono Hawaii Initiative.

Hawaii Water Rights Bibliography

(Updated Feb 2019) This bibliography was compiled by Shavonn Matsuda for LIS 687, Spring 2012, at the University of Hawaiʻi at Mānoa.

This bibliography has been developed to support research on surface water rights in Hawai‘i, focusing particularly on works that detail the history and development of Hawaiian water rights.  The intended audience are landowners, in Hawai‘i, seeking to understand their own water rights. Nevertheless, this bibliography is also targeted at post-high students and researchers interested in water rights and law and assumes a basic understanding of land and water rights in Hawai‘i.

Here is the link to the bibliography

Maps Show How Water Can Be a Precious Lifeline—or a Deadly Weapon

A new atlas by “guerrilla cartographers” explores the importance of water in everything from ancient mythology to modern warfare.

By Greg Miller (National Geographic)

ORIGINALLY PUBLISHED

In the recent conflicts in Iraq and Syria, water has often been used as a weapon. When ISIS seized the Fallujah Barrage, a dam on the Euphrates River, in 2014, they raised the floodgates to deprive downstream cities of water.

Later, they released water from the dam in an attempt to flood approaching Iraqi forces, which eventually recaptured the dam in 2016. (See “What You Need to Know About the World’s Water Wars.”)

Water touches every aspect of human life, sometimes in unexpected ways, says Darin Jensen, a cartographer at the University of California and founder of a nonprofit group called Guerrilla Cartography.

The group’s latest project, Water: An Atlas, takes an unconventional look at the importance of water through more than 80 maps, including one showing the sites where water has played a role in the conflict with ISIS (included in the gallery above).

The maps in the atlas come from artists, activists, academics, and other mapmakers. Like the group’s first atlas, which focused on food issues, it was a crowdsourced effort. Organizers picked the theme and solicited contributions.

If interested in viewing article please see..

Also this Atlas is published on Square