A standoff over control of East Maui stream water continues between the County of Maui and the island's largest private landowner.
Agriculture company Mahi Pono currently operates the East Maui Irrigation system, and has been vying for a 30-year lease to continue doing so.
The county’s East Maui Water Authority has advocated that it’s better suited to manage the flow of Maui stream water as a public entity.
“County management does ensure permanent upkeep of the system for reliability and longevity. It does serve broader, long term-public interest (in) agriculture, food security,” said Gina Young, EMWA's director, at a state Board of Land and Natural Resources meeting Friday. “It does provide economic benefits to the watershed communities, and we would work as an active partner with the state to provide enhanced protection of our natural resources.”
The land board has the authority to give Mahi Pono its 30-year lease, but has been deliberating a potential contested case over whether the lease should be issued via a public auction or given to the county via an executive order from the governor.
Part of Friday’s meeting was a response to recent court decisions over the concern of issuing one-year, temporary permits to divert water in the EMI system — instead of long-term leases like the one Mahi Pono wants.
The land board wanted an update from the county on its ability to manage the system if it ends up with control of it. Maui voters established the authority in 2022 to acquire and manage water systems in the county.
The EMWA said it's been working to set aside money so that it can properly manage the water system if it ends up taking control of it.
Young noted that the mayor’s proposed budget includes more than $176 million in water projects, that the Maui County Council is creating positions for the county’s Department of Water Supply, and that it’s made progress on getting private funding.
It also said it can keep the irrigation system operational as soon as it’s given authority over it.
But its capacity was questioned by Mahi Pono.
“There are way more questions … on what their actual funding and capabilities are than there are answers, way more questions on what they think they own or could control than there are answers,” said Calvert Chipchase, the company’s legal counsel, said at Friday’s meeting.
The county said it's open to contracting Mahi Pono to operate the EMI system, but noted that the company isn’t interested in that.
Mahi Pono also said there isn’t room for a public-private partnership because both sides want the same thing.
In November, the land board gave stakeholders six months to work out a collaborative management plan.
