Lawsuit Claims Neglect of Historic Ditch System Threatens West Maui Water Supply and The Sentry Tournament

Tadashi Yanai, the richest man in Japan, is leading a lawsuit against Maui Land & Pineapple (MLP), alleging the company’s failure to maintain the more than century-old Honokōhau Ditch System has resulted in severe water shortages and restrictions in West Maui.

The lawsuit, filed monday in the Second Circuit Court on Maui, also revealed that the Plantation Golf Course at Kapalua may be forced to close due to deteriorating conditions caused by the water restrictions, potentially ending The Sentry, the long-running PGA Tour tournament held on Maui.

Yanai’s company,TY management Corporation,joined forces in the lawsuit with Hua Momona Farms and the homeowners associations for Kapalua developments Plantation Estates,Coconut Grove,and The Ridge at Kapalua.

The 60-page lawsuit asserts that residents, farmers, and businesses in Kapalua and other West Maui areas rely on water supplied by the Honokōhau Ditch System, which is owned and operated by MLP.

“MLP is doing a terrible, actionable job of complying with its responsibilities,” the lawsuit states.Businesses impacted include the Plantation and Bay golf courses in Kapalua, owned by Yanai’s TY Management Corporation. Yanai is also the founder of the clothing brand Uniqlo. The suit indicates that, at the current rate of deterioration, the courses would become unplayable within a timeframe not specified in this report.

Maui Water Crisis Deepens as Streams Hit Record Lows,Sparking Debate Over Usage

WEST MAUI,HI – Residents of Maui are facing increasingly severe water shortages as stream flows plummet to historic lows,igniting a debate over water allocation and responsibility for maintaining critical infrastructure. For years, communities have voiced concerns about water scarcity while observing continued irrigation of golf courses and filling of swimming pools.

The state Department of Land and Natural Resources reported on March 13th that several Maui streams are experiencing record low levels. Dr. Aryon Strauch, lead hydrologist with the Commission on Water Resource Management, noted that the median flow of Honokōhau Stream, typically 12-13 million gallons per day, dropped to just 5.5-6 million gallons per day in a recent week. Some East Maui stream flows are the lowest they’ve been in 105 years, according to Strauch, who stated, “We’ve not seen low flows like this across the state to this extent ever before.”

The Honokōhau Ditch system, located within the 8,600-acre Pu’u Kukui Watershed Preserve, plays a vital role in recharging streams and aquifers that supply West Maui. Maui Land & Pine (MLP), the preserve’s steward, acknowledges this critical function. However, the company disputes sole responsibility for the current situation.

MLP claims that intakes at Honolua stream and Kaluanui Stream were destroyed by Hurricanes Olivia and Lane in 2018 and were not permitted for restoration by the state. Additionally, the Honokōhau intake sustained hurricane damage and repairs were also not authorized.

The economic impact of potential water restrictions is critically important. Alex Nakajima, general manager of Kapalua Golf and Tennis, which employs 300 people – half in restaurants and half maintaining the golf courses – emphasized the “deep” impact any disruption would have on the local workforce.

Maui Land & Pineapple Company Sues Over Water Diversion

Published: 2024/02/29 14:35:00

Maui Land & Pineapple Company (MLP), along with TY Management Corporation and several homeowners associations, are suing West Maui Land Co. and Kaanapali Coffee Farms, alleging that the diversion of water from natural streams is causing significant damage to the Kapalua Golf Club’s fairways and the landscaping of nearby homeowners.The lawsuit, filed in Maui Circuit Court, claims that the defendants have been illegally diverting water, leading to drought conditions and ecological harm.

The Core of the Dispute: Water Rights and Diversion

The central issue revolves around water rights and the impact of diversions on natural streamflow. Historically, Kapalua relied on natural rainfall and streamflow for irrigation. The lawsuit alleges that the defendants have been diverting water for agricultural purposes – specifically coffee farming – without proper permits or consideration for downstream users. This diversion has reportedly reduced the amount of water reaching the golf course and residential areas, resulting in stressed vegetation and potential long-term damage.

Water rights in Hawaii are complex, governed by state laws and ancient practices. The Public Land Trust Doctrine, established by the Hawaii Supreme Court, asserts that the state holds public resources, including water, in trust for the benefit of the people Hawaii Department of Agriculture – Water Resources. The lawsuit argues that the defendants’ actions violate this doctrine by depriving others of their reasonable water access.

Impact on Kapalua Golf Club

The Kapalua Golf Club, a renowned destination for professional golf tournaments, including the Sentry Tournament of Champions, is facing a critical situation. According to Kapalua Land Manager Alex Nakajima, the reduced water supply is threatening the playability of the golf course. “If the fairways become unplayable, then there’s no golf,” Nakajima stated Maui Now. The extent of the damage and the potential for grass recovery remain uncertain.

Homeowner Concerns

The lawsuit isn’t solely focused on the golf course; it also represents the interests of homeowners whose landscaping is suffering due to the water shortage.Nakajima emphasized that the homeowners associations are also plaintiffs in the suit, as their properties are experiencing dying vegetation. This highlights the broader community impact of the alleged water diversion.

Legal Action and Potential Outcomes

The lawsuit seeks an injunction to stop the illegal water diversions and damages to compensate for the harm already caused. The defendants have not yet publicly responded to the allegations. The outcome of the case could set a precedent for water management practices in West Maui and potentially influence future progress projects.

Key Takeaways

• Maui Land & Pineapple Company is suing west Maui Land Co. and Kaanapali Coffee Farms over water diversion.
• The lawsuit alleges illegal water diversions are harming the kapalua Golf Club and homeowner landscaping.
• The dispute centers on water rights and the Public Land Trust Doctrine in hawaii.
• The outcome of the case could have significant implications for water management in West Maui.

The situation underscores the increasing importance of enduring water management practices in Hawaii, especially considering climate change and growing demand.As water resources become more scarce, legal battles over access and allocation are likely to become more frequent, requiring careful consideration of environmental impacts and community needs.