MEGAN MOSELEY

The state Board of Land and Natural Resources voted 5 to 2 on Friday to deny a recommendation to hold a contested case hearing regarding a controversial 30-year permit for water coming from Maui’s Ko’olau Forest Reserve.

The agenda item attracted hours of testimony during the board’s meeting, with county officials and Maui residents speaking online and in-person on O’ahu, where they urged leadership to allow the county time to solve the issue locally first.

The meeting came after a long week of elections, the addition of Maui’s first East Maui Water Authority Director Gina Young and a letter from Maui County Mayor Richard Bissen requesting, for a second time, that the state Board of Land and Natural Resources and Commission on Water Resource Management Chair Dawn Chang reconsider addressing the agenda item related to holding a contested case hearing on a permit involving the diversion of about 85.23 million gallons a day of public surface water.

The topic centers around current and long-standing water permit holder Alexander & Baldwin and its corporate partner Mahi Pono, which are asking to secure the permit that may divert the water for diversified agricultural purposes.

However, the topic has attracted criticism over the past few decades, and it has been the center of debate on how water, considered a public resource, may be managed and utilized.

Young was one of the first in-person testifiers. She asked the board to give the county time to address the issue.

“We want to do something that works for everyone and something that calms our community,” she said. “A compromise can be reached, but not under this process. A contested case process is usually done when parties can’t come to an agreement.”

Kali Watson, chair of the Department of Hawaiian Commission, also provided testimony Friday.

“With a contested case hearing, I view that as a confrontational situation,” he said. “And rather than getting into confrontation, why not get the parties involved that have a very vested interest in the water resources together to negotiate and discuss their needs?”

Moloka’i councilwoman Keani Rawlins-Fernandez added: “I would like to echo Mayor Bissen and Director Gina Young’s kāhea to work together in good faith without the pressures of a contested case hearing.”

Hawai’i state Rep. Mahina Poepoe said: “I don’t consider this proposal to be proactive. I see it as regressive, even oppressive.”

Grant Nakama, senior vice president of Mahi Pono, was the only testifier who spoke in support of the item.

“We are here today to support the convening of a contested case hearing on the long-term water license,” Nakama said.

Donna Clayton of the Pukalani Community Association also spoke in support of a long-term lease, but did not necessarily speak in support of the agenda item regarding a contested case hearing.

Maui board member Doreen Nāpua Canto motioned to deny the recommendation, seconded by board member Wesley “Kaiwi” Yoon.

“I will stand by my motion to deny the contested case hearing and support direct negotiation with the County of Maui alongside the 64% of Maui’s voters who would also like to have a seat at the table,” she said. “It’s time for everyone to be on the same page.”

Chang and member Vernon Char voted to oppose the motion. Yoon, Kaua’i member Karen Ono, O’ahu member Aimee Keli’i Barnes, and Hawai’i Island Member Riley Smith voted in support of Canto’s motion.

The motion to deny the recommendation passed 5 to 2 on Friday.