Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 11, 1 November 1996 — Windward, Leeward sides wait for decision [ARTICLE]

Windward, Leeward sides wait for decision

on who gets Waiahole water

.........

A state decision on who will get Waiāhole Ditch water and how mueh they'll be able to draw could eome by the end of the year.

The Commission on Water Resource Management heard closing arguments in the eontroversial case on the future of Waiāhole Ditch water this September, winding up lengthy proceedings that began in

December 1993. At issue is a request by Leeward O'ahu landowners, three golf courses and the state of Hawai'i to divert 22 million gallons a day (mgd) of the ditch water to the arid side of the island. This is the lion's share of the ditch's water and leaves only 2 mgd for Windward

streams. The Leeward side gets 11 mgd now. The Waiāhole Ditch system, used to route water to Leeward and Central O'ahu for sugar eane and pineapple irrigation, was built in the early 1900s. It collects about 24 mgd from Windward mountainsides. In 1993 Amfac/0'ahu Sugar Co. announced the closing of its sugar eane operation in Central O'ahu, freeing up

nearly all of the diverted Windward groundwater. The Office of Hawaiian Affairs (OHA) supports the return of the water to its natural stream flow. OHA, on behalf of its beneficiaries,

has a stake in where water allocated through the Waiāhole Ditch

goes because ot its legal interest in ceded lands. The Native Hawaiian Advisory

Council (NHAC) is the legal representative for OHA in the Waiāhole Ditch Combined Contested Case. Waiāhole - Waikāne Community Association, Kahalu'u Neighborhood Board, Hakipu'u Ohana, Ka Lāhui and Hawai'i's Thousand Friends also want Windward streams returned to pre-ditch flows.

Restoring streams advances cultural restoration and preservation through increased gathering of traditional foods and increased cultivation of traditional crops, Davianna McGregor, University of Hawai'i assistant professor of ethnic studies, testified before the water commission.

Hawai'i adopted a constitutional amendment at the 1978 Constitutional Convention obliging the state "to protect, control and regulate the use of Hawai'i's water resources for the benefit of the people." The Legislature adopt-

ed the Water Code in 1987 to implement the state's obligation.

The Commission on Water Resource Management is responsible for allocation provisions of the water code. In the Waiōhole Ditch Combined Contested Case hearing, the water commission is reviewing applications for water use permits. Leeward iandowners want more water from the Waiōhole Ditch flow to Central and Leeward O'ahu. Windward communities want the water returned to Windward streams. The commission is expected to issue a proposed decision and order on the Waiōhole case be the end of this year, but it may take longer.

The Water Code

"Continued diversion of Windward water is a denial of traditional and customary practices because the streams are needed for the exercise of these practices." — Elizabeth Pa Martin NHAC executive director

Commission hears closing arguments