Flow being restricted, kuleana owners say

The Maui News
Saturday, December 08, 2007
By HARRY EAGAR, Staff Writer

WAILUKU - Diannah Goo recalls the way kuleana water was delivered in the old days.

"There was water flowing through the cane fields 66 years ago," she testified at the contested case for Na Wai Eha on Friday. She remembered precisely, because she recalled what she did on the original Pearl Harbor Day.

From her family's land in Waihee Valley - land for which the family received title in the Great Mahele - the children had to hike up the hill and fill buckets from a ditch.

"We carried water to the house, one bucket to wash and one bucket for cooking."

Her family still has land, but not much water.

Goo was one of several landowners with kuleana rights who told their stories. Each was different in detail but the same in substance - they don't get as much water as they used to or as they believe they are entitled to.

Goo said her nephews are trying to reopen loi on two lots either side of Waihee River, but water is either unavailable or unreliable.

Cane fields are long gone, and the gate on the ditch they used to raise to let the water flow down is too. Now they are supposed to receive the water from a pipe.

She said one of her nephews planted kalo huli and turned on the water. When he went back a week later, someone had turned it off.

Asked what she wanted from the State Commission on Water Resource Management, Goo said, "I would like, number one, to put water back in the stream. . . . I would ask the commission to allow us access to the old, traditional access," one that can't be turned off.

Kuleana holdings are small, usually less than an acre. Holders of kuleana rights said they grow taro, vegetables, bananas and citrus fruits, or try to.

Roy Ellis, who also lives on Waihee River, said he could date the time when the water dropped - October 1995. Before that, hesaid, local kids would dam up the stream and make a swimming hole. He would use river water to grow taro and tomatoes if he could get it, he said.

He also wants the stream flow restored for the sake of recreation and the animals that live in the stream.

The contested case, which completed its fourth day of testimony Friday, concerns two issues:

Determining permanent in-stream flow standards. Hui O Na Wai Eha wants the four streams - Iao, Waiehu, Waihee and Waikapu - to flow always from mauka to makai. Because tens of millions of gallons are diverted, primarily by Wailuku Water Co., the streams are often dry below diversions.

Determining who has claims to "reasonable and beneficial" use of water in the Iao aquifer. The commission has "designated" the aquifer and must now determine what withdrawal permits to issue.

The Department of Water Supply is the primary bidder for this water.

Because the groundwater and surface water systems interact, a contested case hearing combining the issues is being held by Dr. Lawrence Miike, a commission member appointed as hearings officer to gather information about both issues and prepare findings for the commission.

Friday's testifiers were not only seeking their kuleana rights. Russel Gushi, who lives near Waikapu Stream and would use more kuleana water for more citrus, taro and bananas if he could get it, said he wants the streams restored "to enhance the health of the aquatic life, to enhance the recreational and educational opportunities, to enhance subsistence agriculture, to enhance aesthetic values.

"All of this is for the community good of the general public; it would help create a sense of pride about the fact that we live in Hawaii."

The contested case will continue at 9 a.m. Monday at Cameron Center with testimony from biologists.