Help Restore the Waters of Waiʻaleʻale and Waikoko!

It’s been nearly three years since the siphon break that shut down diversions from Wai‘ale‘ale and Waikoko Streams. Despite no significant need for the water, Kauaʻi Island Utility Cooperative (KIUC) has again filed a request to renew its Revocable Permit (RP) 7340 for the continued diversion of Wai‘ale‘ale and Waikoko Streams.

KIUC has never been able to demonstrate a justifiable need for the water from the Wai‘ale‘ale and Waikoko systems. Even at maximum diversions, these plantation-era hydro plants were claimed to account for less than 1% of KIUC’s electricity.

Now, the stream water cannot reach the Waiahi hydro plants.

Since the siphon break in June 2019, KIUC has met Kaua‘i’s electricity needs without using any water from Wai‘ale‘ale and Waikoko streams. This history shows that KIUC does not need water from these streams for electricity. The Board of Land Natural Resources (BLNR) must deny RP S-7340 in order to prevent violating Hawai‘i’s public trust doctrine.

Background

Water is a valued resource throughout Hawaiʻi. Wai‘ale‘ale and Waikoko streams on Kauaʻi are uniquely important because of their cultural and conservation significance. The classic oli komo or hula admission chant of Kūnihi ka Mauna, which recounts a part of the Pele and Hi‘iaka saga, describes the Wai‘ale‘ale area and the fresh water’s foundational role as a physical and spiritual life force in Hawai‘i. Additionally, these two streams are accessible to the public to use and enjoy in the forest reserve above Loop Road, unlike many of Wailua’s other streams located on private lands owned by Grove Farm and other large landowners.

For years, KIUC has taken water from these streams with little to no oversight from the BLNR. They have also failed to hold themselves accountable to the public.  

KIUC currently has a draft environmental assessment pending before the BLNR for a 60-year lease of water from Wai‘ale‘ale and Waikoko, but they continue to be given annual permits to divert the water without any environmental review. Even with this request to lock in its water diversions for decades, KIUC has not provided the BLNR with any information about how much water it receives from streams located further down the ditch on Grove Farm lands. KIUC has also failed to provide further information on why the water from Grove Farm lands is not enough to meet their hydro power needs.

What You Can Do

The BLNR is scheduled to decide on their bid for renewal at a hearing this Friday, December 10th, 2021 at 9 AM. All written testimonies must be submitted to blnr.testimony@hawaii.gov by Thursday, December 9th at 9 AM using “Agenda Item D-2” in the subject line.

To testify virtually via Zoom on December 10th @ 9 AM, email your request to blnr.testimony@hawaii.gov at least 24 hours in advance, with your name, phone number, email address, and “Agenda Item D-2” in the subject line.   

Please remind the BLNR that under Hawai‘i’s public trust doctrine that no one, not even KIUC, is authorized to take water without an actual need for the water to meet a reasonable-beneficial use. 

More information on the meeting is available at: http://www.dlnr.hawaii.gov/meetings.

The meeting will be live streamed at: http://youtube.com/c/boardoflandandnaturalresourcesdlnr

TALKING POINTS

1. The BLNR is a trustee for the public: The Hawai‘i Constitution requires that the BLNR protect Hawaiian rights and cultural practices, native stream life, public recreation, aesthetic enjoyment, and the stream itself before authorizing off-stream water diversions. KIUC does not have priority rights to Wai‘ale‘ale and Waikoko streams. The public does.

2.  No water banking: To legally authorize private use of stream water –– whether by revocable permit or long-term lease ––  the BLNR must first determine that the diverter needs the water to meet a reasonable-beneficial use. KIUC admitted that stream water from Wai‘ale‘ale and Waikoko cannot reach the Waiahi hydro plants because of a break in the ditch system. Because KIUC does not need this water for electricity generation, the BLNR must deny RP S-7340.

3. 1% is not a good trade: In a high production year, electricity from the Waiahi hydro plants accounts for less than 1% of KIUC’s power generation, and water from Wai‘ale‘ale and Waikoko account for only a fraction of this percentage point. This tiny amount of hydropower is not worth diverting millions of gallons of water per day from Wai‘ale‘ale and Waikoko Streams. It has been proven that even without water from Wai‘ale‘ale and Waikoko, KIUC can keep the lights on as it has for the past 2 ½ years.

4. (Optional) Including your own personal connection: If you have a connection to Wai‘ale‘ale and Waikoko Streams or to the larger Wailuanui region and community, please be sure to describe your personal cultural mana‘o or connection to the area for the BLNR.