ELR Citation: 42 ELR 20174
No(s). SCAP-30603 (Haw. Aug 15, 2012)

The Supreme Court of Hawaii vacated and remanded the interim instream flow standards set by Hawaii's Commission on Water Resource Management for the Waihe'e River and the Waiehu, 'Iao, and Waikapu streams, collectively referred to as Na Wai 'Eha, or "the four great waters of Maui." In considering the effect of the interim instream flow standards on native Hawaiian practices in Na Wai 'Eha, the Commission failed to enter findings of fact and conclusions of law regarding the effect of the amended flow standards on traditional and customary native Hawaiian practices in Na Wai 'Eha and the feasibility of protecting any affected practices. In addition, the Commission's analysis of instream uses was incomplete, as it focused on amphidromous species and did not fully consider other instream uses to which witnesses testified during the hearings. The Commission also erred in its consideration of alternative water sources and in its calculation of diverting parties' acreage and reasonable system losses. The court, therefore, vacated and remanded the Commission's decision and order.