A community group has filed a complaint against a state agency, claiming that water diverted from Kauai’s Waimea River is being wasted, contrary to Hawaii law and policy that fresh water resources are a public trust, which the state is obligated to protect and restore.
Earthjustice, on behalf of Po‘ai Wai Ola/West Kauai Watershed Alliance, filed the complaint Wednesday with the Commission on Water Resource Management against the state-run Agribusiness Development Corporation and its tenant, Kekaha Agricultural Association.
The complaint contends the two entities, which operate the plantation ditch system created by the now-defunct Kekaha Sugar Co., are continuing to divert large amounts of water from the river even though they don’t need it.
The commission is accused of failing to establish stream flow standards to protect the Waimea River from excessive diversions.
Po‘ai Wai Ola claims the current agricultural tenants cultivate only a fraction of the former plantation land and with less water-intensive crops. The excess water, instead of being returned to the river, is dumped in gullies and over cliffs, they say.
"It’s killing the river, basically," said Earthjustice attorney Isaac Moriwake.
Agribusiness Development was established in 1994 to manage large agricultural land and water projects in Hawaii.
About the complaint, Executive Director James Nakatani said, "We need to do our due diligence and look into the matter."
He added, "I agree water shouldn’t be wasted. If we are wasting water, we need to make the necessary corrections."
The Kekaha association, comprising farmers and companies that help manage the irrigation and lands in Kekaha, could not be reached for comment.
According to the complaint, the lack of stream flow is causing silt to build up in the river, creating flood risks for residents and harming river life.
There has been a noticeable drop in o‘opu, freshwater fish native to Hawaii that were once abundant in the river, said Po‘ai Wai Ola member Kaina Makua. He said the river needs to flow in its natural form for freshwater fauna to return.
The legal action includes a petition requesting that the commission restore stream flow to the river, as well as a complaint and petition against Agribusiness Development and the Kekaha association for wastefully diverting water.
Deborah Ward, spokeswoman for the state Department of Land and Natural Resources, said the complaint has yet to be filed with the commission, which in any case does not comment on legal pleadings.
Despite Kekaha Sugar plantation’s closing in 2001, Po‘ai Wai Ola contends, the two enterprises "are continuing large-scale diversions of the Kekaha and Kokee ditches and are committing unlawful waste, including outright dumping of diverted river water."
The ditch system was created to divert 50 million gallons of water a day from the river to irrigate canefields. It was unclear how much is currently being diverted.
Waimea River has the highest average annual flow of all streams in the state. The river also is legendary in Hawaiian culture, Moriwake said.
"It’s prime time that we start taking care of this natural and cultural treasure," he said.
Po‘ai Wai Ola is an organization established by Waimea residents and farmers, including native Hawaiian cultural practitioners, dedicated to protecting the Waimea River and conserving water resources in general.
