The State Water Code is back in force after it was suspended for nearly a month after the Maui wildfires.
The Commission on Water Resource Management said the State Water Code is typically suspended after natural disasters, most often following large flooding events.
This allows stream channels to be altered to aid in clean-up efforts in flood-impacted areas.
In the case of the Maui fires, the water code was suspended on Aug. 9, the second day of the wildfires.
State authorities said they could not tell whether response efforts would’ve been slowed if the State Water Code remained in place.
The only action taken under the emergency proclamation was the suspension of stream flow standards from Ukumehame to Kahoma. This suspension has been rescinded with the restoration of the State Water Code.
The restoration also allows the commission to move forward on processing water use permit applications for the Lāhainā Water Management Area (WMA).
The WMA designation for Lāhainā was approved by CWRM in 2022 to ensure future availability of both ground and surface water in West Maui.
This designation adds a layer of permitting that allows the commission to properly protect public trust uses for stream life, traditional and customary practices, kuleana land owners, and more.
It's also used to vet applicants wishing to divert or pump water for non-public trust purposes.
The re-deployment of former CWRM Deputy Kaleo Manuel was undertaken during the emergency period, but CWRM said this action was a personnel matter and not carried out using emergency powers. The re-deployment stands.
The CWRM will receive an update from staff on the status of water resources in West Maui at its monthly meeting on Tuesday, Sept. 19, 2023. The meeting begins at 9 a.m.
