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Maui Tomorrow vs. State of Hawaii, DLNR
For the past 120 years, EMI, a subsidiary of A&B, has owned and operated a ditch system that diverts surface
water emanating in part from State lands in East Maui, and transports it to Central and Upcountry Maui for
agricultural, domestic, and other purposes. A&B/EMI have obtained the water from the State lands pursuant to
water leases at four license areas, identified as Honomanu, Huelo, Keanae, and Nahiku, which were issued by
the State and its predecessors. Since the expiration of the original lease term for these four license areas, the
State of Hawai`i, through the BLNR, the Department of Land and Natural Resources (DLNR), and Peter T.
Young, in his official capacity as Chairperson of the BLNR and the DLNR [hereinafter, collectively, the State],
has issued year-to-year revocable permits to A&B and EMI.
More
The Hawaii Supreme Court Waiahole 2000 Public Trust Doctrine Ruling
In the Matter of the Water Use Permit Applications, Petitions for Interim Instream Flow Standard Amendments, and Petitions for Water Reservations
for the Waihole Ditch Combined Contested Case Hearing NO. 21309
APPEAL FROM THE COMMISSION ON WATER RESOURCE MANAGEMENT
(CASE NO. CCH-OA95-1)
AUGUST 22, 2000
Read case here