“Kaulana ‘o Nā Wai ‘Ehā” “Famous are the Four Great Waters of Waikapū, Wailuku, Waiehu, and Waiheʻe.”

This well-known saying attests to the traditional, historical, and cultural significance of the four ahupuaʻa within the moku of Wailuku and their fresh water resources. Nā Wai ‘Ehā, was once the largest contiguously cultivated loʻi kalo growing region in all of Hawaiʻi. It also served as the primary ritual, political, and population center of Maui. The vast water resources of Mauna Kahālāwai (West Maui Mountains) supplied these four streams with the life giving waters of Kāne. This allowed the Hawaiian population of this area to develop expansive irrigation and agricultural systems unique to Hawaiʻi. The rich history of Nā Wai ‘Ehā, is directly linked to the abundance of wai. Hawaiians thrived for many generations in this region by cultivating loʻi kalo (wetland kalo), fishing in natural and manmade inland fishponds, gathering native stream life such as ʻoʻopu, hīhīwai, and ‘ōpae, and collecting drinking water from springs.

• Largest contiguous wetland (loʻi) kalo growing region in Hawaiʻi. 4,000+ loʻi kalo were documented as being under cultivation on an estimate of 3,000+ acres in 1848.  

• Primary ritual, political, royal, and population center of Maui

• Largest concentration of documented heiau on Maui

• Final resting place of Maui’s highest ranking aliʻi located in ‘Īao Valley, (some interred in underwater caves within the Wailuku river)

• Noted battles: Ahulau ka Piʻipiʻi i Kakanilua, Kepaniwai, Kaʻuwaʻupali

• Numerous composed mele (Kaulana Nā Wai ʻEhā, ʻĪniki Mālie, I Waikapū ke Aloha) and legendary moʻolelo (i.e. Puapualenalena, Haumea, Māui, Kihawahine, Battle of the Pueo)

• Extensive ʻauwai (irrigation) systems. (i.e. Kama ‘Auwai and Kalani ʻAuwai)

• Vast aquatic and marine resources (ʻoʻopu, hīhīwai, ʻopae)

• Diverse watershed comprising of native dryland, mesic, and wet forest plants, birds, insects, snails, mammal species and one of the wettest places on earth – Puʻukukui.   

• Largest stream in Mauna Kahālāwai (West Maui Mountains), Waiheʻe Stream (24 mgd)

• Expansive puʻu one (sand dune) system and lua kupapaʻu (burial) system stretching 8 miles from Waiheʻe to Waikapū.

• Unique loko wai (wetlands) & muliwai (estuaries)  (i.e. Kapoho, Kaehu, Kanahā-Mauʻoni, Keālia)

• Extensive kula / plains (Kula o Kamaʻomaʻo / Waikapū & Wailuku Commons)

• Largest ground water aquifer on Maui (supplies over 70% of Maui’s water needs)

• Mauka to makai (mountain to the ocean) stream connectivity for all 4 streams (Waikapū: 4 mgd / Wailuku: 13 mgd / Waiehu: 4 mgd / Waiheʻe: 24 mgd)

After western contact in 1778, Nā Wai ‘Ehā experienced drastic changes, mainly due to land ownership and the sugarcane plantation industry. Wailuku Sugar Company, which was established in 1862, required vast amounts of water resources and a large land base for their plantation. As the plantation industry began to flourish in Nā Wai ʻEhā, then began the demise of the cultural landscape and Hawaiian way of life. Many families had to leave their homes and farmlands because the stream water resources that sustained them had diminished or completely disappeared. Thousands of acres of kalo lands once fed by these streams to sustain a vast Hawaiian population became dominated by the sugarcane plantation industry. Kalo was no longer the staple food and stream habitat for native aquatic species completely vanished. In the 1980s, Wailuku Sugar Company became Wailuku Agribusiness and transitioned to diversified crop production along with sugarcane. When that failed, they sold off 5,000 acres of prime agricultural lands mostly to developers in 2001. Instead of returning the diverted water back into the streams, the plantation ditch and stream diversion systems were retained by a new company that was formed in 2004 named Wailuku Water Company. They initiated over 25 water delivery agreements to sell water, thus continuing to leave Nā Wai ‘Ehā streams completely dry. For over 120 years, Wailuku Water Company and their predecessors dewatered Nā Wai ‘Ehā Streams and forever changed the cultural landscape and traditional food systems that sustained healthy and vibrant Hawaiian communities.

Nā Wai ʻEhā Water Rights Case Timeline:

2003 Hui o Nā Wai ʻEhā was founded and established as a 501c3

1. Petition to CWRM by Hui o Nā Wai ʻEhā and Maui Tomorrow to amend the Instream Flow Standards (IIFS) for Nā Wai ʻEhā based on the amount of water being diverted by Wailuku Water Company and HC&S

2. Contested Case Hearing begins with 50+ witnesses and testimonies given. Dr. Lawrence Miike is hearing officer

3. Surface Water Management Area Designation for Nā Wai ʻEhā

4. Proposed Decision by hearing officer (Waikapū: 4 mgd, Wailuku: 13 mgd, Waiehu: 3.5 mgd, Waiheʻe: 14 mgd)

5. CWRM Final Decision voted upon (Waikapū: 0 mgd, Wailuku: 0 mgd, Waiehu: 2.5 mgd, Waiheʻe: 10 mgd)

6. Hearing officer, Dr. Miike gives dissenting opinion based on the Final Decision by the overall CWRM Board

2010 Hui o Nā Wai ʻEhā & Maui Tomorrow appeal to Hawaiʻi Supreme Court

2010 IIFS implemented - release of water for Waiehu & Waiheʻe Streams (8-9-10)

2012 Hawaiʻi Supreme Court hears the Nā Wai ʻEhā Case (6-6-12)

2012 Hawaiʻi Supreme Court rules in favor of Hui o Nā Wai ʻEhā and Maui Tomorrow (8-15-12)

2014 Contested Case Remand scheduled. All parties decide to enter into negotiations     

1. All parties reach an agreement and settle on new IIFS for Nā Wai ʻEhā. Settlement is approved by CWRM in May 2014 (Waikapū: 2.9 mgd, Wailuku: 10 mgd, Waiehu: 2.5 mgd, Waiheʻe: 10 mgd)

2014 Restoration of IIFS Implementation on October 13. Wailuku Water Company and HC&S fail to comply (10-13-14)

2014 WWC & HC&S fail to comply with IIFS. 500 Maui community members rally for justice (10-24-14)

2015 CWRM not enforcing WWC &HC&S to comply with IIFS. Maui Community and rally demanding CWRM to enforce the law and monitor the IIFS releases (2-15-15)

2016 HC&S announces the shutdown of sugar cane production and processing by the end of 2016

2016 WUPA (Water Use Permit App.) and IIFS Contested Case Begins (7-11-16)

2016 CWRM complaint and fines filed against Duey ‘Ohana regarding Stream Diversion Permit. CWRM Board rules to reject fines on the Duey ‘Ohana and establish a more expedited permitting process for kuleana users applying for Stream Diversion Permits. (8-1-16)

2016 Hui filed 3 complaints to CWRM regarding inconsistent monitoring and WWC failure to release appropriate IIFS  amount in Nā Wai ‘Ehā Streams (8-26-16)

2016 100 year flood causes major damage in Wailuku River and Waikapū Stream. WWC ‘Īao Diversion severely damaged. WWC realigns stream without authorization (9-13-16)

2016 County of Maui (Mayor Arakawa) enter into an agreement with Wailuku Water Company to purchase the Wailuku, Waiehu, Waiheʻe watershed lands, diversions, ditch systems, and delivery agreements. Hanaʻula Ranch (Mike Atherton and Duane Ting) agree to purchase the Waikapū watershed lands from Wailuku Water Company

2017 IIFS & WUPA Proposed Findings and Facts from CWRM Hearing Officer - Dr. Miike Released

2018 Awaiting Final CWRM Decision on 2016 IIFS & WUPA Contested Case

2018 CWRM installs 1st Real-Time Measuring Gauge in Waikapū Stream at IIFS Point (1-12-18)

2018 100 year flood causes major damage in Waiehu Stream, Waiheʻe River and Kahakuloa Stream (2-18-18)

There are a number of remaining issues following the release of stream flow via the IIFS Implementation which occurred in 2010 for Waiheʻe and Waiehu Streams and 2014 for Wailuku and Waikapū Streams. Many of the challenges that Hui o Nā Wai ʻEhā continue to face are at the hand of Wailuku Water Company and HC&S and their inability to be in compliance with the law. The Maui Community needs to hold all parties accountable by ensuring that they are releasing the appropriate and legally binding amount of streamflow set forth by the State Water Commission. Hui o Nā Wai ‘Ehā is working towards developing a community-based monitoring plan and system on each of the four streams in order to provide consistent data for the affected communities. There are also dry reaches in each of the streams following the release of stream flow and Hui o Nā Wai ‘Ehā via the recent 2016 IIFS and WUPA Contested Case hope that these issues will be resolved so that there is true mauka to makai connectivity in each of the four streams. With the announcement of a private-public purchase of the WWC System, the Hui is working on forging positive relationships with the County of Maui and Hanaʻula LLC regarding their management of these streams and watersheds.

Our Commitment:

• To protect mauka to makai water, natural and cultural resources in perpetuity.

• To safeguard traditional and customary Native Hawaiian practices related kuleana kalo farmering and to ensure appropriate allocation of water via appurtenant rights.

• To support a comprehensive watershed model and initiatives.

• To monitor In-Stream Flow Standards.

• To hold off-stream diverters accountable to the IIFS and laws.

• To return public trust resources to public trust control (Acquisition of Wailuku Water Company watershed, ditch and distribution system).

• To advocate for Nā Wai ʻEhā to once again become a community-based resource management area.

• To ensure Governmental Agencies conduct best practices related to streams and stream resources, adhere to the Water Code (HRS 174c), enforce the law and perpetrate violators.

Dry Streams + Increased Pumpage = Decreased Recharge

ʻĪao Aquifer is the main source of drinking water for 75% Maui Residents and visitors

Potential salt water intrusion via over pumping of wells.

Since the introduction of pumpage in 1948 and the reduction of recharge in 1980, fresh water levels have declined

Restored stream flow is imperative to ground water recharge as well as monitoring sustainable yields and pumpage.

Native stream animals need mauka to makai stream flow to survive.

Spawning (Mauka to Makai / River to Ocean)

Upstream Migration (Makai to Mauka / Ocean to River)

Protecting endemic and indigenous species and aquatic biodiversity

Important food source for Hawaiians

Promotes a healthy and sustainable lifestyle

Supporting traditional and customary Native Hawaiian practices on kuleana agricultural lands and within cultural landscapes for the purpose of reestablishing sustainable and healthy food systems.

• Interest of Hawaiian families wanting return to kuleana agricultural lands.
• Exercising appurtenant / kuleana water rights via ancient ‘auwai irrigation systems.
• Increased restoration and cultivation of loʻi kalo and farming other traditional food crops (kalo, ʻuala, ʻulu, niu, etc..).
• Traditional gathering of aquatic species (ʻoʻopu, hīhīwai, ʻōpae).
• Revival of near shore & reef habitat species allow for gathering (limu, fish, etc.).
• Revitalization of pūnāwai (springs).

Resources:

Facebook:  https://www.facebook.com/WaikapuWailukuWaiehuWaihee/

Instagram: https://www.instagram.com/hui_o_na_wai_eha/?hl=en

Earthjustice (Restore Stream Flow Website):  http://earthjustice.org/features/restore-stream-flow

Earthjustice (Article) – A Fight For Maui’s Water: http://www.wsj.com/article_email/SB10001424052748704454004575135602403890836-lMyQjAxMTA2MDEwMzExNDMyWj

Earthjustice (Article):  http://earthjustice.org/features/background-on-na-wai-eha

Kaulana Nā Wai ʻEhā (Video – 2007):  https://www.youtube.com/watch?v=NZ2BmMcRBu0

State Commission on Water Resource Management (CWRM) Website:  http://dlnr.hawaii.gov/cwrm/

CWRM Stream Monitoring Website:  http://dlnr.hawaii.gov/cwrm/surfacewater/monitoring/

Maui Nō Ka ʻOi Magazine (Article – 2008):  https://mauimagazine.net/na-wai-eha/

ʻŌiwi TV – Nā Wai ʻEhā Supreme Court Case (Video – 2012):  http://oiwi.tv/oiwitv/na-wai-eha/

Kamakoʻi Website (Ea, ʻĀina, Wai, Iwi Kūpuna, Mele Lāhui):  http://www.kamakakoi.com/

Kamakoʻi (Nā Wai ʻEhā Video – 2012):  http://www.kamakakoi.com/water

Kamakoʻi (East Maui Video – 2015):  http://www.kamakakoi.com/eastmaui

Kamakoʻi (Article – 2012):  http://www.kamakakoi.com/nowaikawai

Kamakoʻi (Article – 2012):  http://www.kamakakoi.com/water-equals-wealth

Environment Hawaiʻi (Article – 2015):  http://www.environment-hawaii.org/?p=7063

Hawaiʻi Public Radio (Interview – 2016):  http://hawaiipublicradio.org/term/na-wai-eha

The Guardian (N.P. Article – (2016):
http://www.theguardian.com/us-news/2016/apr/28/maui-hawaii-sugar-cane-crops-agriculture-hcs-monsanto

Civil Beat (Article – 2014):  http://www.civilbeat.org/2014/04/water-to-be-restored-to-mauis-na-wai-eha/

Maui Time (Article – 2014):  http://mauitime.com/news/business/after-decade-long-legal-fight-state-of-hawaii-restores-na-wai-eha-stream-flows/

Maui Now – Wailuku River Name Change (Article – 2015):  http://mauinow.com/2015/05/28/board-votes-to-restore-wailuku-river-name-for-waterway-at-%CA%BBiao/

Earthjustice – Restored Stream Flow (Article – 2014):  http://earthjustice.org/blog/2014-october/turning-the-tide-of-history-for-maui-s-four-great-waters

Flux Hawaiʻi Magazine – Mural (Article – 2011):  http://fluxhawaii.com/water-writes-in-hawaii/

Green Magazine – Nā Wai ʻEhā (Article – 2010):  https://issuu.com/greenmagazinehawaii/docs/green_v2-2_flipbook