WAILUKU >> The hearings officer in the East Maui watershed contested case is calling for the restoration of 18 million gallons of water a day to 10 streams currently being diverted mainly for Hawaiian Commercial & Sugar Co. operations — but he did not take into consideration the impending closure of the plantation at the end of 2016.

Hearings officer Lawrence Miike was unaware of the closure when putting the final touches on the 154-page proposed findings of fact, conclusions of law and decision, which officially was filed Jan. 15, said state Commission on Water Resource Management officials. Exactly how the new development affects the report and future actions by the state water commission in setting stream flows for the region remains unclear, the Maui News reported.

Dean Uyeno, head of the Stream Protection and Management Branch of the Water Commission, said that even if Miike were aware of the closure, he could not have considered it. The hearings officer can base his report only on the information received as part of the process, which included 15 days of hearings on Maui in March and April with 52 witnesses and 550 exhibits.

But there was no mention of the closure of the plantation during the process; HC&S parent company Alexander & Baldwin made the announcement earlier in January.

All parties in the contested case have until Feb. 12 to offer their comments on the report and could address the sugar plantation’s closure, said Uyeno. However, the Water Commission will be restricted to making its stream flow determinations based on the record — which does not include the HC&S closure.