RONIT FAHL / SPECIAL TO THE STAR-ADVERTISER
One of the reservoirs on Kuahiwi Ranch in Pahala relies on underground water that runs through a pipe set along mountainous terrain in Kau to provide water to about 1,500 cattle on the family-owned ranch. The ranch is one of a dozen water users that are now facing an end of the year deadline to convert state water permits into long-term leases, or risk losing access to water.
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The drip, drip, drip of ongoing controversy over longstanding “temporary” permits for water rights won’t be stemmed anytime soon; in fact, an intermediate appeals court this week opened the tap even wider.
At issue is a lawsuit that’s trying to stop the state Land Board from routinely renewing one-year leases to major Maui landowner Alexander & Baldwin and its subsidiaries to use public water from streams and wells — a dubious practice ongoing for nearly two decades, essentially allowing long-term use of the public resource without required environmental assessments.
A Circuit Court judge in January 2016 ruled against the state and A&B, but they quickly persuaded the Legislature to grant a four-year reprieve. This spring, with that year-end deadline fast approaching, they pressed legislators for another extension, unsuccessfully. This week’s appellate ruling helps A&B, sending the case back to the lower court for justification and clarification.
A&B aside, the ruling also would ease pressure on the Land Board and dozens caught in the temporary, one-year lease quandary — some Hawaii farmers, ranchers and electrical utilities feared losing their water-use permits by year’s end. It’s a fear that the state itself was stoking, in trying to help get the “A&B water bill” passed.
“We’re committed to completing long-term water leases as required by law and will be working with applicants to make clear what the process is,” tweeted Gov. David Ige on Monday. Good. Regardless of the latest ruling, the state and all “temporary” water permittees must move robustly to fulfill environmental reviews and other terms that safeguard the public water resource for all.