Annual Report

2004

PRESIDENT'S MESSAGE

Last year, many in the environmental protection community predicted doom for groups seeking grants for environmental projects. It appears, unfortunately, that they were correct. Availability of many grants has all but dried up at a time when we need to be even more diligent in our efforts. The slow economy has limited funds available from businesses; a tax cut for the wealthy has made deductible contributions less essential; and some corporations may actually fear being known as major contributors. Hawaii's Thousand Friends has been significantly impacted by the problem, although our ongoing grants have been funded.

Our ability to initiate projects, to communicate with our membership, and to coordinate with other groups is being hampered by the subsequent shortage of funds. I urge all of you to try to make a special effort this year to increase your financial contributions to HTF to help us through the drought. A self-addressed envelope is enclosed for your convenience.

Mahalo, Chuck Prentiss

Board of Directors

President:Charles Prentiss

Vice President:Ursula Retherford

Secretary:Ilima Morrison

Treasurer:Terry Carroll

Board Members: Fred Madlener

Bob Crone

Peter Rappa

Donna Burns
Lou Erteschik

Executive Director: Donna Wong

Waiahole Ditch Litigation Update

By Jim Paul

For the second time the Hawai`i Supreme Court agreed with Hawaii's Thousand Friends and pointedly criticized the Hawai`i State Water Commission for not doing its job in the Waiahole Ditch controversy.

As most of you will recall, Hawaii's Thousand Friends (HTF) is a party to the Waiahole Ditch case that has been pending before the Water Commission and the Hawai`i Supreme Court for the past decade. For years in the mid-1990's several parties, including HTF, argued before the Water Commission about what was the most appropriate use for the more than 20 million gallons per day of fresh water in the Waiahole Ditch, since central Oahu sugar cane and pineapple no longer needed it. HTF urged that under the Public Trust Doctrine Windward Oahu streams, from which the water had been diverted, should be restored to their pre-ditch condition. In 1997 the Commission, citing the Public Trust Doctrine, agreed to restore some of the water to those streams, but ordered that most of it should go to benefit landowners in Central Oahu.

HTF appealed to the Hawai`i Supreme Court which ruled in 2000 (Waiahole I) that the Commission had failed in its responsibilities under the Public Trust Doctrine, and sent the case back to the Commission with instructions to do their job correctly "with utmost haste and purpose," and to give windward steams a higher priority in its decision-making. That decision has been the subject of previous HTF articles.

After several months of proceedings, the Commission then issued its response to the Supreme Court in 2001. Rather than make significant changes in allocation of the ditch waters, the Commission instead argued that the Supreme Court was either misguided or misunderstood what the Commission had originally done. Again HTF appealed (together with Windward Parties Hakipuu Ohana and Ka Lahui Hawai`i), urging that the Commission had largely ignored the Supreme Court's mandates.

In June 2004, the Supreme Court issued its latest opinion (Waiahole II) agreeing with HTF, again, that

the Commission has not done its job properly, and sent the case, again, back to the Commission with pointed instructions:

1. Regarding the Commission's decision to restore only half the original stream flows, the Court required that the Commission justify how this arbitrary determination adequately protects the steams to the extend practicable.

2. Regarding 2.2 million gallons a day which the Commission did not allocate to any use, but did not return to the streams, the Court required the Commission to make findings explaining why its decision protects the streams to the extend practicable.

3. The Court agreed with HTF that the Commission did not do its job of investigating why Campbell Estate and Puu Makakilo, Inc. (a golf course builder/developer) did not have practicable alternative sources of water to the diverted windward stream water.

4. The Court agreed with HTF that the Commission had allocated too much water for certain agribusiness uses.

5. The Court questioned how the Commission could permit the operator of the ditch, Hawai`i Agribusiness Development Corporation, to lose 2.0 million gallons a day as "system losses," and vacated a water permit the Commission had issued for that purpose.

The Court ordered the Commission to examine all of these issues again using the principles set forth in Waiahole I, and particularly the Public Trust Doctrine.

The Water Commission has now scheduled further hearings in April 2005 to attempt, again, to resolve these matters to the satisfaction of the Court. HTF's attorneys, Jim Paul and Pam Bunn of Paul, Johnson, Park & Niles, will be there, continuing to represent HTF.

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2004 Annual Meeting

At this year's annual dinner on November 14, 2004, at the Hale Koa Hotel, our guest speaker, noted columnist and political commentator Dan Boylan, gave an impassioned speech that stretched between optimism and pessimism regarding the state of Hawaii's environment. With great fervor he lamented the future of Hawaii's finite natural resources. He laid part of the blame for half-hearted attempts to protect Hawaii's environmental treasures at the feet of the audience, telling us we haven't done enough publicly and privately to advocate for resource and cultural protection. In his conclusion, he urged the audience to seize the moment and aggressively fight to save those natural and cultural resources that make Hawai`i so unique.

Each year Hawaii's Thousand Friends recognizes those who have unfailingly championed the environment in their work and advocacy efforts as Unsung Heroes. This year's honorees include three strong and powerful women.

For educating generations of students, politicians, development interests, Native Hawaiians, and the public about the facts of Hawaii's endangered cultural sites, Native Hawaiian history, environmental resources, habitats and species from the perspective and values of our Islands' original inhabitants.

For her unwavering dedication to protecting and preserving

Hawaii's fragile ecosystems and Hawaiian cultural sites, as well as fighting for indigenous rights, social and environmental justice.

For her meticulous research and publications about Hawaiian culture, archaeological sites, mo'olelo, history, land use tenure and changes that have informed, educated, and empowered generations of Hawaii's young people and encouraged them to pursue studies in the fields she has enriched.

Victoria Holt-Takamine

For helping bring different but like-minded groups together through the creation of KAHEA, a coalition of Hawaiian and environmental organizations committed to protecting Hawaii's cultural, spiritual, and environmental resources and for recognizing the power that such a coalition holds.

For co-founding `Ilio`ulaokalani, a coalition of traditional practitioners committed to protecting their Hawaiian customs and traditions and for spearheading `Ilio's call to justice.

For actively participating in the legislative process by bringing attention to Hawaiian issues and organizing vigils, marches and rallies for sovereign voices in which participation by all is encouraged and welcomed.

For her many years of perpetuating, teaching, and promoting Hawaiian culture, art, music, chant, and dance as a kumu hula, and sharing her Hawaiian culture throughout the world.

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For her fierce determination to protect trees when faced with governmental decisions to destroy them, including exceptional trees, that have been deemed to "stand in the way of progress."

For her resolutely admirable courage in confronting the powerful forces that assume that the positions of The Outdoor Circle and her own strong voice can be ignored or dismissed.

For her vision and understanding in addressing the broader issues of land and natural resource protection that encompass the issues of protecting Hawaii's precious and valuable trees.

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By Danica Noble and Lehua Lopez-Mau

The City and County of Honolulu has a long history of doing a poor job with O`ahu's sewage. The on-going failures of the Island's extensive and, in places quite old, sewage system are posing serious risks to the environment and health, and even the economy, of those who live here. The Environmental Protection Agency and the Department of Health have issued multiple orders over the past several years against the City & County to force it to comply with federal safety regulations concerning its sewage treatment and collection system, but the operations continue to violate the law and these orders. Hawaii's Thousand Friends, as it has done several times in the past, is taking action against the City & County to protect O`ahu's land and water resources and the health of its citizens.

HTF has teamed up with the Hawai`i Chapter of the Sierra Club and Our Children's Earth (based in San Francisco) to bring suit against the City and County of Honolulu for dangerous violations of the Federal Clean Water Act ongoing at sewage treatment plants throughout O'ahu. On May 4^th, 2004, HTF, the Hawai'i Chapter and Our Children's Earth took the first step in the lawsuit by filing the required "Sixty-Day Notice of Violations of the Clean Water Act and Notice of Intent to File Suit." The notice said that the City has repeatedly violated its permits and the Clean Water Act by failing to timely maintain, fix, or upgrade facilities, causing discharges of partially or inadequately treated sewage into ocean outfalls that exceed limits set by law for harmful bacteria and cancer-causing pesticides, and spilling raw or partially treated sewage from its collection system. The City did not reply, and HTF and other plaintiffs filed a Clean Water Act lawsuit against the City in federal district court on July 29, 2004.

The City owns and operates five sewage treatment plants and associated systems on the Island. The treatment plants are located in Honolulu (Sand Island and Honouliuli), Kailua, Wai`anae, and Kahuku. The treatment plants and their respective collection systems have been the source of massive spills of raw and inadequately treated sewage into our community waters, homes, businesses and streets. Some of these spills include:

1. 12/5/2003 4.6 million gallons of raw sewage spilled into Nu`uanu Stream, Kapalama Canal and Honolulu Harbor.

2. 12/27/03-1/4/04 A series of major spills closed down beaches all over the eastern and southern shores of O'ahu with millions of gallons of sewage exposed.

3. 2/28/04-3/1/04 45,000 gallons of raw sewage spilled from sewer lines and manhole covers on Wana`ao Road into Ka`elepulu Stream and Kailua Bay.

4. 3/1/04 Undisclosed large spill into Kalihi Stream and Ke`ehi Lagoon.

5. 3/2/04 63,700 gallons of raw sewage spilled into Kailua Bay.

6. 3/2/04 25,000 gallons of partially treated sewage spilled into the ocean at Makapu.

7. 3/3/04 1.7 3.6 million gallons of raw sewage spilled into Honolulu Harbor.

According to government records, the City is responsible for 1,228 significant sewage spills since 1999. The local sewage collection and treatment system, in places, has become dangerous and decrepit. These spills are a result of poor (or no) maintenance, operation, and replacement practices. Some of the backups send raw sewage into local homes and yards. Raw sewage may contain not only disease-causing bacteria and viruses, but also toxic chemicals from solvents, pesticides, cleansers and other chemical discharges. The Department of Health has closed public beaches as a result of some of theses sewage spills. Beach closures have been devastating to local businesses that rely on these areas for their livelihood. The spills are also catastrophic for marine life and the ecosystems.

HTF is being represented by attorneys Lea Hong and Douglas Codiga (with Alston Hunt Floyd and Ing,) and San Francisco attorney Christopher Sproul (with Environmental Advocates). Because of potential financial penalties that may be imposed, this may be a strong enough financial incentive for the City to correct its illegal and dangerous sewage system. Executive Director Donna Wong has publicly commented, "Sewage is not a `sexy' issue. But the City's mismanagement of O'ahu's sewage system prevents us from enjoying our beautiful beaches, fishing, and wading in our streams. The City must comply with the law to protect the health of our citizens, visitors and the environment."

HTF 2004 Annual Report•5

Kalihi Community Resource Improvement Stream Project (K-CRISP)

Our Kalihi Stream Project, as it is commonly called, is in its seventh year of improving the health of a stretch of Kalihi Stream's ecosystem and riparian area by using community education, awareness and hands-on activities.

Kalihi Stream and its tributaries, Kaewai and Kamanaiki Streams, run through forested and open space areas, densely populated residential urban neighborhoods, and an industrial area before emptying into Keehi Lagoon. This natural stream system is subject to sediment and nutrient loading, pesticide runoff, litter and debris, street and driveway petroleum run-off, industrial pollutants, and other water quality problems typical to Oahu's urban streams.

In our just completed Phase III we continued to restore a riparian buffer along Kalihi Stream behind Kuhio Park Terrace by removing alien plants and planting Native Hawaiian plants, by building stewardship through community work days, and establishing hands-on environmental education activities working with area schools. Over 300 volunteers helped on 17 workdays. In addition to area residents volunteers included the employees' service group from accounting firm Ernst Young, Farrington High School's biology

classes and Interact Club, Gear Up Program, Kamehameha Schools' MEAT Club, Maryknoll High School Environmental Club, PACT Community Teen Program, Punahou School's MEAT Club,

X Factory Youth Program, YMCA of Honolulu, Halau Lokahi, Youth Conservation Corp and State

Representatives Felipe Abinsay and Dennis Arakaki.

Unfortunately, our Project Manager Malama Souza has left the project on a full time basis but returns to assist with clean-up workdays. Also, Ben Manuel, community manager since the beginning of the project, has left to pursue other interests. The Board of Directors and Executive Director, Donna Wong, gratefully honors the hard work and dedication of Malama who sustained a high quality level of organized work activities from removing alien plants to paper work and Ben who supported the project in many ways including helping lead community work day activities.

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6•HTF 2004 Annual Report

Phase IV continues the stream restoration activities and adds an educational component. Our Education Coordinator, Kanani Wong, will work with local teachers to implement the Environmental Education Plan including field trips to the project site. The educational packet includes an environmental curriculum and stream

project since the beginning and who works hard to restore and maintain the site, continues to lead community workdays and serve as liaison to the Kuhio Park Terrace/Kuhio Homes complex.

Next year, we will conduct an educational exchange between Kalihi students and Hoa `Aina O Makaha, a Waianae rural stream restoration and education organization. Kalihi students will go to Waianae where they will have the opportunity to see how taro and other plants grow when there is no stream and flowing water, while Waianae students will have the opportunity to experience the beauty of a flowing natural stream when they visit Kalihi. Each group will also have opportunities to interact with one another in this unique urban/rural student interchange.

Mahalo nui loa to Representative Dennis Arakaki, Bob's Barbeque, Aloha Tofu, Coastal Construction Co., Hawaiian Paakai, Inc. and Ben Manuel for providing lunch and snacks for the hard working students and volunteers.

monitoring activities for grades K to12 and our Kalihi-specific coloring book and video.

Debbie Taamu, who has been with the

New Partners for Smart Growth:

Building Safe, Healthy and Livable Communities Conference

Hawaii's Thousand Friends encourages enactment of smart growth principles that include: fostering distinctive communities with a strong sense of place, reflecting and not displacing existing communities, preserving open space, agricultural land and natural resources, and encouraging citizen participation in development decisions.

That is why, once again, Hawaii's Thousand Friends is one of several co-sponsors of the 4^th annual Local Government Commission and Penn State Conference, being held January 27-29, 2005, in Miami Beach, Florida.

The goal of this year's conference is to
form new networks and create new levels of understanding among multiple smart growth interests. In addition to providing educational resources, the program will focus on "getting it done," and will feature cutting-edge implementation tools. The conference will work to eliminate single-sector thinking and break down the language barriers that make it difficult for different professions to communicate with each other.