SURFACE WATER USE PERMIT APPLICATIONS

SCOT-21-0000581.

550 P.3d 1167 (2024)

SURFACE WATER USE PERMIT APPLICATIONS, INTEGRATION OF APPURTENANT RIGHTS AND AMENDMENTS TO the INTERIM INSTREAM FLOW STANDARDS, Nā Wai `Ehā Surface Water Management Areas of Waihe'e River, Waiehu Stream, Wailuku River (Previously Known as `Īao Stream) and Waikapū Stream, Maui.

Supreme Court of Hawai`i.

June 20, 2024.


Attorney(s) appearing for the Case

Wil K. Yamamoto (Jodi S. Yamamoto, Honolulu, with him on the briefs) for MMK Maui, LP.

Trisha H.S.T. Akagi (David Schulmeister and Michi Momose, with her on the briefs), Honolulu, for Mahi Pono, LLC.

Isaac H. Moriwake for Hui O Nā Wai `Ehā and Maui Tomorrow Foundation Paul R. Mancini (James W. Geiger, Kahului, with him on the briefs) for Wailuku Water Co.

Miranda C. Steed (Julie China and Linda L.W. Chow, Honolulu, with her on the briefs) for Commission on Water Resource Management.

Pamela W. Bunn, Honolulu (Judy A. Tanaka, with her on the briefs) for Office of Hawaiian Affairs.

RECKTENWALD, C.J., McKENNA, AND EDDINS, JJ., CIRCUIT JUDGE NAKAMOTO AND CIRCUIT JUDGE HAMMAN, ASSIGNED BY REASON OF VACANCIES.


I. Introduction

This is a direct agency appeal from the Commission on Water Resource Management ("the Commission") concerning Nā Wai `Ehā, or "the four great Waters of Maui." Nā Wai `Ehā encompasses Waihe`e River, Waiehu Stream (North and South), Wailuku River (formerly `Ī...

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