KING KAMEHAMEHA III The grant of water provided by King Kamehameha III was for the “promotion of agriculture and the general welfare of the kingdom, subject however to such restrictions as may from time to time be expressly provided by law.” ThIS grant endures in perpetuity for the tenants upon said lands and streams growing taro. The grant for the production of sugar is extinguished upon termination or diminishment of use for the production of sugar. These waters are allocable by discretion of the Commission on Water Resource Management (CWRM). Water, ‘Wai” is Life. Ua Mau ke Ea o ka ʻĀina i ka Pono The life of the land is perpetuated in righteousness

1. WATER
Governance & Corporate Responsibility
A friend from Seattle asked last evening,
“What can private citizens do to change the US Constitution to
make right that corporations are not people.”
This morning an article in The Atlantic made clear an answer to
the question she asked.
Corporations: Still Not People, Ornstein, N. (2014, July 3).
The Atlantic. http://www.theatlantic.com/business/archive/2014/07/corporations-still-not-people/
373889/
Piercing the Corporate Veil may be a remedy. Piercing the
corporate veil is a situation in which courts put aside limited liability and
hold a corporation's shareholders or directors personally liable for the
corporation’s actions or debts. Generally courts will do so if there is
serious misconduct.
Reference: Cornell University Law School, Legal Information
Institute http://www.law.cornell.edu/wex/piercing_the_corporate_veil
The State Commission on Water Resource Management in its
consideration of Petitions on Instream Flow confines itself to
corporations. Corporations are but legal entities run and operated by
officers, directors and agents. Governance & Corporate responsibility are
fiduciary duties of the officers, directors and agents – the people
accountable for the actions of corporate and governmental entities.
“The Supreme Court in its approximately 50 water rights decisions
prior to McBryde in 1973 has a rather perfect record of developing
the law in ways conducive to sugar’s needs.”
Reference: A Political and Legal History of Water Rights in Hawaii’s
Streams. Cooper, George. 1978. pg. 64.

2. “It is the general law of this jurisdiction that when land allotted by
the mahele was confirmed to an awardee by the land commission
and/or when a royal patent was issued based on such award, such
conveyance of the parcel of land carried with it the appurtenant
right for taro growing. The burden of proving the amount of water
being used for taro cultivation at the time of the Land Commission
Award is on the person claiming appurtenant water rights.
In determining appurtenant water rights … shall determine as
precisely as possible the amount of water that was actually being
used for taro cultivation at the time of the Land Commission
Awards. The extent of land under taro cultivation in earlier or later
time is irrelevant.
The right to use water acquired as an appurtenant right of way
may only be used in connection with the particular parcel of land
to which the right is appurtenant, any contrary indication in
Hawaii case law is overruled.”
Reference: McBryde Sugar Co. v. Robinson, 54 Haw. 174,
175, 504 P.2d 1330 (1973).
“In McBryde, we did not lightly infer that a judicially determined
system of water rights was subject to alteration. Quite to the
contrary, our decision there was premised on the firm conviction
that prior courts had largely ignored the mandates of the rulers of
the Kingdom and the traditions of native Hawaiians in their zeal to
convert these islands into a manageable western society.”
Reference: Reppun v. Board of Water Supply, 65 Haw. 531, 545,
656 P.2d 57 (1982).
“We therefore hold that where surface water and ground water can
be demonstrated to physically interrelated as parts of a single
system, established surface water rights may be protected against
diversions that injure those rights, whether the diversion involves
surface water or ground water. … [G]round water diversions are
therefore properly subject to limitations insofar as such diversions
directly interfere with plaintiffs’ riparian rights.” Reference:
Reppun, above, pg. 555.

3. “Sugar is a thirsty crop.
To produce 1 pound of sugar takes 4000 pounds of water, 500
gallons. One ton of sugar takes 4000 of water, a million gallons.
One million gallons of water a day is needed to irrigate 100 acres of
sugarcane.”
Reference: Sugar water: Hawaii's plantation ditches. By: Wilcox,
Carol. University of Hawai`i Press. 1997. pg. 1
“[A]bout this time [1980], A&B’s [Alexander & Baldwin] HC&S
[Hawaiian Commercial Sugar Company] was experiencing better
than expected results with drip irrigation, then in its first decade of
use in the sugar industry in Hawaii. As a result the plantation was
now looking for additional lands to plant – drip, being so efficient,
meant that the same amount of water HC&S could make use of
more land.” [Clarification Supplied]
Reference: Land and power in Hawaii: the Democratic years. By:
Cooper, George, and Gavan Daws. Benchmark Books. 1985. pg.
179.
“Drip irrigation, started in the 1970s, proved to be a major
improvement, increasing efficiency by some 20 percent. Almost
the entire industry switched to drip irrigation. This innovation did
not generally result in a reduction of water use, however. Rather it
led to expanding the irrigated areas or efficiently using the same
amount of water to increase yields.”
Reference: Sugar water: Hawaii's plantation ditches, pg. 6.
On Maui, with the closure of Pioneer Mill in 1999, the only
surviving plantation actively engaged in growing, harvesting and
producing sugar and molasses is Alexander & Baldwin’s Hawaiian
Commercial & Sugar Company (HC&S).
References: Pioneer Mill. University of Hawai`i at Mānoa,
College of Social Sciences, Center for Oral History.
http://www.oralhistory.hawaii.du/pages/community/pioneer/html and Sugar
water: Hawaii's plantation ditches, Table 3, pg. 47.

4. WHERE HAS THE WATER GONE?
ALEXANDER & BALDWIN (A&B) - HAWAIIAN COMMERCIAL & SUGAR
COMPANY (HC&S)
ACREAGE - SUGAR & MOLASSES PRODUCTION FROM 1993 TO 2014
YEAR ACRES RAW SUGAR MOLASSES
HARVESTED (TONS)
(TONS)
1993 16,726 224,128 61,954
1994 16,457 204,067 58,997
1995 17,661 197,803 63,339
1996 17,183 201,041 65,525
1997 17,005 198,037 77,960
1998 17,210 216,188 80,915
1999 17,278 227,832 92,246
2000 17,266 210,269 70,551
2001 15,101 191,500 71,200
2002 16,557 215,900 74,300
2003 15,660 205,700 72,500
2004 16,890 198,800 65,100
2005 16,639 192,700 57,100
2006 16,950 173,600 55,900
2007 16,895 164,500 51,700

5. 2008 16,961 145,200 52,800
2009 15,028 126,800 41,700
2010 15,488 171,800 52,800
2011 15,063 182,800 53,100
2012 15,900 178,300 50,500
2013 15,400 191,500 54,800
2014
Reference: Alexander & Baldwin. SEC 10K Annual Reports. 1993 - 2013
Maui County
Data Book 2010 7.1.9
OUTSIDE WATER DELIVERIES TO DEPARTMENT OF WATER
SUPPLY, MAUI COUNTY Year ending June 30, 2009
1,000 Gallons Amount Cost per 1,000
Gallons
Purchased From
East Maui Irrigation 2,170,484 130,880 0.060
Wailuku Water Co. 558,875 281,522 0.504
Kapalua Land Co. 544,353 115,908 0.213
Hawaiian Home Lands 30,928 128,300 4.148
Total 3,304,640 656,610 0.199
[East Maui Irrigation Company is the oldest subsidiary of Alexander &
Baldwin. Clarification supplied] Reference: Alexander & Baldwin, Inc.
http://alexanderbaldwin.com/our-company/history/
District
Wailuku 558,875 281,522 0.504
Kula 1,525,422 91,983 0.060
Makawao 631,097 38,055 0.060

6. Lahaina 544,353 115,908 0.213
Hāna 13,965 842 0.060
Moloka‘i 30,928 128,300 4.148
Total 3,304,640 656,610 0.199
Other Water
Wailuku- Wailuku Water Co. 391,974
Wailuku- Hawaii Land & Farming 1,834,730 [WELL NO. 33] [Clarification supplied]
Total 2,226,704
SOURCE: Maui County Data Book 2010 Online
http://www.hbrl-sbdc.org/mcdb/2010.htm
Maui County
Data Book 2011 7.1.9
OUTSIDE WATER DELIVERIES TO DEPARTMENT OF WATER SUPPLY,
MAUI COUNTY Year ending June 30, 2010
1,000 Gallons Amount Cost per 1,000
Gallons
Purchased From
East Maui Irrigation 2,481,508 149,559 0.060
Wailuku Water Co. 561,528 287,722 0.512
Kapalua Land Co. 573,839 159,807 0.278
Hawaiian Home Lands 15,349 70,790 4.612
Total 3,632,224 667,878 0.184
District
Wailuku 561,528 287,722 0.512
Kula 1,762,361 106,225 0.060
Makawao 709,615 42,759 0.060
Lahaina 573,839 159,807 0.278

7. Hāna 9,532 575 0.060
Moloka‘i 15,349 70,790 4.612
Total 3,632,224 667,878 0.184
Other Water
Wailuku- Wailuku Water Company 391,974
Wailuku- Hawaii Land & Farming 1,817,581 [WELL NO. 33]
Total 2,209,555
WHOSE GOBBLING UP AND EATING THE PROFITS?
Is it THEM OR mauicounty.hi.US?
WHO IS GETTING RIPPED?
7.1.7
Water Service Charges (Effective July 1, 2011)
General Rates
0 – 5,000 gallons $1.75
5,001 – 15,000 gallons $3.20
Over 15,000 gallons $4.60
Agricultural
Over 15,000 $1.05
Non-potable Agricultural Rates
All usage $1.05
SOURCE: Maui County Data Book 2011 Online
http://hisbdc.org/Portals/0/MCDB/2011/PDF/2011%20Maui%20Data%20Bo
ok%20reduced%20size.pdf

8. Maui County
Data Book 2012 7.1.9
OUTSIDE WATER DELIVERIES TO DEPARTMENT OF WATER SUPPLY,
MAUI COUNTY Year ending June 30, 2011
1,000 Gallons Amount Cost per
1,000 Gallons
Purchased From
East Maui Irrigation 2,488,830 150,077 0.060
Wailuku Water Co. 423,993 214,385 0.506
Kapalua Land Co. 564,365 158,980 0.282
Hawaiian Home Lands 12,332 60,828 4.933
Total 3,489,520 584,269 0.167
District
Wailuku 423,993 214,385 0.506
Kula 2,266,628 136,678 0.060
Makawao 216,182 13,036 0.060
Lahaina 564,365 158,980 0.282
Hāna 6,020 363 0.060
Moloka‘i 12,332 60,828 4.933
Total 3,489,520 584,270 0.167
Other Water
Wailuku- Wailuku Water 393,047
Wailuku- Hawaii Land & Farming Company 1,807,450 [WELL NO. 33]
Total 2,200,497

9. WHOSE GOBBLING UP AND EATING THE PROFITS?
Is it THEM OR mauicounty.hi.US?
WHO IS GETTING RIPPED?
7.1.7
Water Service Charges (Effective July 1, 2012)
General Rates:
0 - 5,000 gal $1.75
5,001 - 15,000 $3.20
15,001 - 35,000 $4.80
Over 35,000 $5.25
Agricultural Rates:
0 - 5,000 gal $1.75
5,001 - 15,000 $3.20
Over 15,000 $1.10
Non-potable Agricultural Rates
All usage $1.10
SOURCE: Maui County Data Book 2012 Online
http://www.hisbdc.org/Portals/0/MCDB/2012/2012_WholeBook_v2.pdf

10. MAUI COUNTY BOARD OF WATER SUPPLY
Daily Averages
The numbers below are daily averages in thousands of gallons.
Area 10/13 11/13 12/13 01/14 02/14 03/14 04/14 05/14 06/14 07/14
Central Maui
Groundwater Iao 16,914 15,196 14,671 12,382 11,691 11,758 14,036 15,895 16,611 16,778
Groundwater
Waihee
3,432 3,419 3,426 3,351 3,389 3,344 3,411 3,397 3,401 3,430
Kepaniwai 726 727 727 727 727 725 727 727 727 722
Iao Tunnel 1,443 1,455 1,468 1,311 1,461 1,482 1,544 1,516 1,557 1,562
Maui Lani 836 1,123 981 920 970 1,118 1,109 791 1,099 1,119
Surface Water 1,623 982 1,432 1,326 1,147 819 901 377 1,029 993
Total 24,973 22,901 22,706 20,018 19,386 19,246 21,727 22,703 24,424 24,604
Upcountry Maui
Surface Water 7,291 5,284 5,119 4,208 4,265 4,187 5,417 5,753 6,944 6,770
Groundwater 1,840 2,013 2,037 1,171 831 732 422 551 1,190 1,332
Total 9,132 7,297 7,157 5,379 5,096 4,919 5,839 6,303 8,134 8,101
Source: http://co.maui.hi.us/index.aspx?NID=572
CHARTER
COUNTY OF MAUI
2003 EDITION
ELECTED OFFICIALS COUNTY OF MAUI
STATE OF HAWAII
MAYOR
ALAN M. ARAKAWA
COUNTY COUNCIL
DAIN P. KANE, Chair
ROBERT CARROLL, Vice-Chair
G. RIKI HOKAMA
JO ANNE JOHNSON
DENNIS A. MATEO
MICHAEL J. MOLINA
WAYNE K. NISHIKI
JOSEPH PONTANILLA
CHARMAINE M. TAVARES

11. Section 8-11.3. Board of Water Supply. The board of water supply shall
consist of nine members who shall be appointed by the mayor with the
approval of the council. The director of the department of planning and
the director of the department of public works and environmental
management shall be non-voting ex-officio members of the board of water
supply. The board of water supply shall act as advisor to the director of
the department of water supply, the mayor and the council in all matters
concerning the county's water system.
Reference: http://co.maui.hi.us/documents/22/2003charter[1].PDF
STATE WATER CODE
§174C-2 Declaration of policy.
(c) The state water code shall be liberally interpreted to obtain maximum
beneficial use of the waters of the State for purposes such as domestic
uses, aquaculture uses, irrigation and other agricultural uses, power
development, and commercial and industrial uses. However, adequate
provision SHALL BE MADE FOR THE PROTECTION OF
TRADITIONAL AND CUSTOMARY HAWAIIAN RIGHTS, the protection
and procreation of fish and wildlife, the maintenance of proper ecological
balance and scenic beauty, and the preservation and enhancement of
waters of the State for municipal uses, public recreation, public water
supply, agriculture, and navigation. Such objectives are declared to be
in the public interest.
(d) The state water code shall be liberally interpreted to protect and
improve the quality of waters of the State and to provide that
NO SUBSTANCE BE DISCHARGED INTO SUCH WATERS without first
receiving the necessary treatment or other corrective action. The
people of Hawaii have a substantial interest in the prevention,
abatement, and control of both new and existing water pollution and
in the maintenance of high standards of water quality.
[Emphasis Supplied]
SOURCE: http://www.hawaii.edu/ohelo/statutes/HRS174C/HRS_0174C-0002.htm