The catastrophic Lahaina and Kula fires of Aug. 8 laid bare the simmering tensions surrounding Maui’s most precious resource: fresh water.
Those tensions surfaced after West Maui Land Co., on the early afternoon of Aug. 8, asking the Commission on Water Resource Management to approve diverting water from streams to the company’s reservoirs because of the risk of fire in Lahaina. In a subsequent letter to the deputy director for Water Resource Management, Kaleo Manuel, West Maui Land executive Glenn Tremble said a five-hour delay in receiving approval had rendered it impossible for the company to provide more water to fight the fires.
Tremble’s letter and a series of dubious, tone-deaf decisions by state officials caused an uproar among those who’ve struggled for years to establish minimum in-stream flow standards to meet the needs of traditional agriculture, including taro farms, and the environment. They also raised serious questions about the state’s emergency protocols — or lack thereof — regarding access and use of water during a wildfire. The water commission and the state must address both these issues openly and honestly as Maui recovers.
The in-stream flow standards have come to represent far more than just a number of gallons; they go to the heart of the State Water Code, which holds that water is a public trust, and includes the requirement that “adequate provision shall be made for the protection of traditional and customary Hawaiian rights” and the “maintenance of proper ecological balance.”
Through an emergency proclamation soon after the wildfires, Gov. Josh Green temporarily suspended the State Water Code and the in-stream flow standards established by the commission for the Lahaina Aquifer Sector Area water management area.
“It’s important that we’re honest about this,” Green said in August. “People have been fighting against the release of water to fight fires. I’ll leave that to you to explore.”
Dawn Chang, head of the state Department of Land and Natural Resources (DLNR), summarily removed Manuel from his post soon after Tremble’s letter and reassigned him, saying only that this would allow the commission and department to “focus on the necessary work to assist the people of Maui” — leaving Manuel and his reputation to twist in the wind. This enraged Native Hawaiians and conservation groups, who have long considered Manuel a trustworthy guardian of the State Water Code.
Meanwhile, the Hawaii Supreme Court on Aug. 24 swiftly rejected a petition by the state land board, which sought to overturn a judge’s June decision that reduced the amount of water that could be diverted from East Maui streams by Alexander &Baldwin and East Maui Irrigation. The state claimed the judge’s decision led to an inadequate supply of water to fight recent fires that destroyed 19 homes and scarred thousands of acres in Upcountry Maui. The high court said the state failed to establish a “clear and indisputable right to the relief requested.”
The claims by the state and Tremble warrant further scrutiny. Environmental groups and others have argued that diverting more water to West Maui Land reservoirs would not have made a difference, as the streams are not connected to fire hydrants and helicopters could not fly in 60-mph winds. As for East Maui, an attorney for Maui County said there was adequate water available. Only 37,000 gallons were used to fight the Upcountry fire over five days, she said — even though, according to the state, 7.5 million gallons is diverted for county use daily.
What seems clear is the state lacks a well-informed and vetted plan for managing water resources during wildfires, which are likely to be more persistent in the years ahead. Moreover, the perceived willingness of state officials to side with large corporate landowners over taro farmers creates serious credibility problems that must be addressed.
Yes, Green lifted his suspension of the State Water Code on Sept. 8, and on Monday, Manuel was reinstated as the top staffer for the water commission. But questions remain. It’s expected that the numerous investigations into the fires will answer some of them. But they should include a a blueprint for ensuring that adequate water supplies are available to fight wildfires, without violating the spirit and intent of the State Water Code.