Hawaii First Water

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…

Hawaii Climate Change Panel Discussion – April 25, 2019

July 2018

Climate Change Panel Discussion – April 25, 2019

APRIL 25, 2019 – Members of the Board of Water Supply Stakeholder Advisory Group had the opportunity to learn about the impact of climate change on Hawaii.

Video Presentation Links (Vimeo)

If you would like to watch a specific presentation or just the Q&A, please use the following Vimeo links.

  1. Presentation by Dr. Charles H. Fletcher, III (Chip), UH Manoa, SOEST – Part I
  2. Presentation by Dr. Thomas Giambelluca, UH Manoa, Department of Geography and Environment
  3. Presentation by Dr. Charles H. Fletcher, III (Chip), UH Manoa, SOEST – Part II
  4. Presentation by Joshua Stanbro, Honolulu Office of Climate Change, Sustainability and Resiliency
  5. Presentation by Barry Usagawa, Board of Water Supply, Water Resources Division
  6. Question & Answer Session: Climate Change Panel

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.

Ocean sensors help UH researchers understand Hawaiʻi Island aquifers

May/University of Hawaii: Parrotfish, Pike, Pompano and Perch were instrumental in helping University of Hawaiʻi at Mānoa researchers gain a better understanding of Hualālai aquifer on Hawaiʻi Island. The four marine electric-field receivers, dubbed with common fish names, are part of state-of-the-art technology used by researchers from ʻIke Wai, a large-scale, multidisciplinary project funded by the National Science Foundation’s Established Program to Stimulate Competitive Research (EPSCoR).

The nine-person research team conducted an eight-day marine survey and covered approximately 200 kilometers to gain a better understanding of how freshwater releases into the ocean from below the seafloor. Eric Attias, a postdoctoral researcher at the UH Mānoa served as chief scientist.

The backbone of the study uses a surface-towed marine controlled-source electromagnetic (CSEM) system called Porpoise that was recently developed by the Electromagnetic Laboratory at Scripps Institution of Oceanography.

“You have two novelties here, you have a very new system, in terms of worldwide, which is one-of-a-kind, and the second novelty is the capability of this system to detect deep submarine groundwater deposits. Hence, both the technology and its application are new,” said Attias.

Researchers can differentiate between fresh and salt water in submarine groundwater systems through the use of the new technology. CSEM is being used like MRI imaging to map the electrical resistivity of the groundwater structures along the coast up to about 500 meters below the seafloor.

For more information see…

Supreme Court to decide if Clean Water Act limits Hawaii’s underground wastewater dumping

By David Savage, Feb 2019, LA TIMES:

The Supreme Court agreed Tuesday to decide whether the Clean Water Act can prevent sewage plants from putting waste water into the ground if it flows from there into a river, bay or the ocean.

The case from Hawaii is an important test of the reach of the federal government’s anti-pollution authority.

Environmentalists sued alleging a sewage plant in Maui was discharging treated waste water into the ground and it was flowing underground from there into the Pacific Ocean.

They won before a federal judge and the 9th Circuit Court of Appeals in San Francisco, which held that the pollution was subject to federal control because it was the “functional equivalent of a discharge into the navigable water.”

But the Supreme Court agreed to hear an appeal from Hawaii that was backed by the Assn. of California Water Agencies. Their lawyers called the 9th Circuit’s ruling a “radical expansion” of federal authority. If upheld, its approach would extend new federal regulation to water treatment plants across the country, they said.

The Clean Water Act calls for preventing discharge of pollutants into the “navigable waters of the United States.” Water agencies say the law refers only to polluted water flowing directly into streams, rivers and bays, not groundwater.

For more than a decade, the justices have been split over how far the federal government can go to regulate water inside the United States, whether it be wetlands, or, as in this case, groundwater. The court’s conservatives have argued the federal government can only regulate polluted water that flows directly into a river, bay or the ocean. The law forbids discharges of pollutants into “the waters of the United States.”

But environmentalists as well as the court’s liberal justices have said this authority can extend farther inland to prevent pollution that will eventually flow into rivers and bays.

The case, County of Maui vs. Hawaii Wildlife Fund, is scheduled to be heard in the fall.

For the full article in the LA Times see:

Ag tech and resource management offer opportunities for Hawaii-Israel collaboration

14 Dec, West Hawaii Today. When it comes to agricultural technology and resource management, Hawaii is finding a partner in collaboration nearly halfway around the world.

“There’s so much good that can come out of a collaboration between Israel and Hawaii,” said Eitan Weiss, deputy chief of mission at the Consulate General of Israel in Los Angeles.

Weiss was on Hawaii Island for the Western Governors’ Association Winter Meeting at the Fairmont Orchid. In an interview with West Hawaii Today, Weiss said he also used the opportunity to talk with Gov. David Ige about opportunities for Israel and Hawaii to work together on making the most of limited resources.

Among those is the availability of and access to freshwater along with solutions like desalination and water recycling.

Israel, Weiss said, leads the world in water recycling, for example.

A 2016 article published in Scientific American said Israel’s water treatment systems recapture 86 percent of the country’s water to be reused for irrigation.

The second-most-efficient country when it comes to water recycling, the article said, is Spain, which recycles 19 percent of its water.

According to state data, Hawaii reused 17.2 million gallons of water a day in 2016, a rate of about 12.8 percent of the total wastewater treated. The Wai Maoli: Hawaii Fresh Water Initiative, which the Hawaii Community Foundation created in 2013, is targeting the state to reuse 30-plus million gallons per day by 2030.

“We have a lot to offer on those technologies,” Weiss said. “Not just the desalination process but also the reclamation of the water, because we understand that you don’t have to invest a lot of money and efforts in order to make the water drinkable again.”

For the rest of the article see

 

 

Pearl Harbor Study: Integration of aerial infrared thermography and in situ radon‐222 to investigate submarine groundwater discharge to Pearl Harbor, Hawaii, USA

Abstract

Jacque L. Kelly
Henrietta Dulai
Craig R. Glenn
Paul G. Lucey

October: The largest freshwater spring complex in the Hawaiian Islands discharges groundwater into Pearl Harbor, Oahu, which is the largest estuary in the islands. This discharge occurs as subaerial and submarine springs, as non‐point‐source (diffuse) seepage, and as baseflow to streams. We conducted airborne thermal infrared remote sensing surveys of sea surface temperatures and ocean‐based 222Rn surveys of surface and deep waters to evaluate the efficacy of combining these methods to locate and quantify these differing groundwater discharges to the harbor. High spatial‐resolution (≤ 3.2 m) sea surface temperature data were advantageous for identifying and differentiating point‐source and diffuse groundwater discharge. Surveys of surface waters for 222Rn confirmed point‐source and diffuse seepage zones identified from the sea surface temperature maps. The 222Rn mid‐ and deep‐water surveys were crucial for locating benthic seepage not detectable by the remote sensing method. Groundwater discharge estimates from radon time‐series data agreed with radon surface water survey estimates. Fresh groundwater discharge estimates were also of the same order of magnitude as previous hydrologic estimates of spring discharge. We produced linearly and highly correlated relationships between plume areas and groundwater discharge by combining the thermal infrared and radon techniques. Such relationships may provide a way to up‐scale local groundwater discharge assessments to a regional area.

To see the full report see:  https://aslopubs.onlinelibrary.wiley.com/doi/full/10.1002/lno.11033

Pacific Water Conference; Conference Date: 2/20/2019 – 2/21/2019; Venue: Hawaii Convention Center, Honolulu, United States

October: The Hawai’i Section of the American Water Works Association and the Hawai’i Water Environment Association are proud to announce the annual joint conference now known as the Pacific Water Conference at the Hawai’i Convention Center. The conference typically consists of a single pre-conference day with focused trains of technical presentations, followed by multiple days of conference sessions.
Website: http://www.hwea.org/

Hawaii’s record 2018 rains may foretell wetter times ahead

September: With warmer atmospheres and oceans, monster deluges may become ever more common there and elsewhere.
Matthew Cappucci: Science News for Students
Residents of Hawaii have survived several major deluges this year. And scientists say a warming climate may make such record-breakers ever more common.

One year ago, Hurricane Harvey shattered the U.S. record for most rain to come down in a single storm. Last month, another hurricane dropped record rains, this time on Hawaii. Named Lane, its measured tally would seem to be the highest ever for this island state, and second nationally only to what Harvey unleashed on Texas.

The previous record for a tropical cyclone in Hawaii was measured at Kanalohuluhulu Ranger Station. That was during Hurricane Hiki in 1950.

The National Weather Service in Honolulu has now confirmed that Lane dropped 132.13 centimeters (52.02 inches) of rain between August 22 and 26. That total comes from an official government rain gauge on the Big Island (named Hawaii). “The previous record was 132.08 centimeters (52.00 inches),” the NWS reported in an August 27 statement. This, it concluded, shows that “Hurricane Lane has broken the Hawaii tropical cyclone storm-total rainfall record.”

However, NWS pointed out, this record will stand only “pending verification.” Confirming the feat requires a special probe. A meteorologist at the NWS forecast office said that could take months.

link to the rest of the article…

Water Terrorism On the Increase…

August, Circle of Blue, Using the Global Terrorism Database, a team of researchers from Florida International University discovered that water-related terrorism has risen by 263 percent from 1970 to 2016. The researchers identified 675 water-related incidents in 71 countries, and found that water infrastructure was the most common target of water-related terrorism. New Security Beat