MAUI (KHON2) — A state report details how West Maui was using water before the August 2023 wildfires. But as commissioners were reviewing the numbers at Tuesday’s Commission on Water Resource Management meeting, another issue spilled into public view.

Environmental law firm, Earthjustice, claims two Kapalua golf courses illegally used millions of gallons of potable groundwater to keep fairways green during drought restrictions.

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The firm says Commission chair, Dawn Chang, knew about it, but it shouldn’t be allowed because their permit application does not allow it.

“The bottom line is under the code this use is currently unlawful and must stop immediately,” said Dru Hara, Earthjustice attorney who was speaking before the commission.

Chair Chang clarified she did not authorize any new use of water.

“I did not authorize any new use. What the letter did was based upon representations made by Maui Land and Pine and Hawaii Water Service that this was an existing use that they had used groundwater when they didn’t have enough surface water. So we are asking them to provide us documentation to support that oral representation,” said Chang.

It’s the latest twist in an already tangled dispute between TY Management, the golf course owner, and Maui Land and Pine, which owns the ditch system that delivers water.

The two companies are locked in lawsuits accusing each other of failing to follow restrictions or failing to deliver water at all.

TY Management said they are currently looking at alternative water sources.

“We have been proactively engaged in developing a conceptual water solution, although not perfect, requires that major stakeholders play their part along with the wider community to make more efficient use of existing water facilities and increase supply of water,” said Kenji Yui, TY Management General Manager.

At the same time, the commission is still reviewing 141 water-use permit applications, some submitted back in 2023, and people are frustrated.

“I’m feeling insulted, actually, that after two years after filing our WUPAs over two years ago and losing our town, it feels like all this commission keeps doing is holding informational briefings,” said Karyn Kanekoa, a Maui resident testifying before the commission.

The new report shows homes, hotels, farms, and resorts used water at drastically different levels.

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More than half of single-family homes used less than the county guideline. But nearly 10 percent used more than 2,000 gallons a day, with non-owner-occupied homes using twice as much water as owner-occupied ones. Hotels and resorts average more than 5,400 gallons per unit per day. Agricultural use is often unmetered and has to be estimated.

The commission will need to determine how much water is being used and what’s sustainable. And the question remains when the commission will finish its review of the water use permit applications.

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