BOARD OF WATER SUPPLY
County of Maui
Special Meeting
Thursday, June 12, 2007
9:00 a.m.
Department of Water Supply
Planning Division Conference Room
Hokama Building, 2nd Floor
10 Kinipopo Street
Wailuku, HI  96793





I. Call to Order

Chair Kenneth Okamura called the June 12, 2007 Board of Water Supply Special 
Meeting to order at 9:05 a.m.

II. Attendance

Board Members Present:		Also Present:

Phyllis Robinson			Jeffrey Eng, Director
Michael Howden			Eric Yamashige, Deputy Director
Marion Haller				Edward Kushi, Deputy Corporation Counsel
Carl Holmberg			Alva Nakamura, Engineering Program Manager
Lee Aldridge, Vice Chair		Paul Seitz, WTF Program Manager
Kenneth Okamura, Chair		George Andrade, Assistant Fiscal Officer
					Al Perez, staff planner
					Gaye Hayashida, Commission Support Clerk

Others:

Kim Willenbrink, Council Services
Warren Watanabe, President, Maui County Farm Bureau
Garrett Hew, HC&S
Harry Eager, The Maui News

III. Testimony from the Public

Warren Watanabe, President of the Maui County Farm Bureau (MCFB), on behalf of 
the farmers and ranchers on Maui, urged the Board to request the Mayor declare 
Maui a drought disaster area.  Though they ask that farmers be allowed a 60-day 
period to harvest crops already in the ground, they also urge the Board to take 
immediate steps towards a drought declaration.  Maui has met the conditions at 
the federal level to request a Secretarial Declaration of a Drought Disaster 
Area.  Such a declaration would allow the farmers and ranchers to get low 
interest loans and this can only be done after county and state declarations.

A copy of Mr. Watanabe testimony is attached and made a part of these minutes.

Member Howden asked if the MCFB represents HC&S as well.  Mr. Watanabe replied 
yes, they do.  

Alan and Fran Nago submitted written testimony expressing their concern on how 
the Maui County Council and other county officials have chosen to handle the 
Upcountry water situation.  Their letter stated that they were alarmed when the 
Maui County Council had the Hamakuapoko Wells capped, as these were Upcountry’s 
only backup during times of drought.  Not having a backup water supply during 
times of drought is very irresponsible as it jeopardizes the health and well-
being of the community especially the farmers.  Mandatory cutbacks would mean 
a hardship for all Upcountry residents but for farmers it means a loss of 
income for months afterwards.  They asked that the Board seriously consider 
their testimony and treat the Maui County farmers fairly and respectfully.

A copy of their letter is attached and made a part of these minutes.

IV. Discussion of Drought Conditions Upcountry and Proposal to Declare Drought.

At this time the Director Eng reviewed his letter to the Board regarding 
Discussion of Drought Conditions Upcountry and Proposal to Declare Drought.  

Since May 10, 2007, the water levels in the Upcountry storage facilities and 
the Wailoa ditch have steadily declined.  Also adding to the strain is East 
Maui Irrigation’s maintenance of the Wailoa ditch.  Dry weather conditions in 
Maui and across the state have resulted in increased consumption in the 
Upcountry service areas which placed an additional burden on the system. 

The Kamole Water Treatment Plant (WTP) is operating at its capacity.  Though 
there are some problems in the ability to pump the water from the Wailoa ditch 
into the treatment plant.  Another limitation is their ability to adjust the pH 
level of that water.  

There are concerns about the levels of the Piiholo Reservoir because of some 
problems in supplying the water treatment plant when the reservoir is at very 
low levels.  The reservoir has experienced a severe a decline in capacity.  

On May 1st they started with 34 million gallons (mg) at Piiholo Reservoir but 
as of June 6th there is only 18 mg and at this point they are having some 
difficulties in feeding the water treatment plants.  The Department has been 
trying to limit what is drawn from the reservoir and supplementing it with 
water pumped from Kamole to serve the lower Kula system.  

The Olinda WTP is able to handle the Upper Kula system; however there have been 
relatively no in-flow into the Waikamoi and Kahakapao reservoirs according to 
the Department’s interpretation of the data.  As of this morning there is only 
46 mg as compared to May 1st when there was 100 mg.  They are losing about 2% 
capacity per day.  

The Haiku Well operates at roughly 400,000 gallons per day.  Kapakalua Well has 
been out of service since April 5th due to bearing failures.  They are hoping to 
get the pump and motor back in operation within a couple of weeks.  Fortunately, 
the Pookela Well is in operation at full production of 1.3 million gallons per 
day (mgd) though Hamakuapoko Well is not available for operation.  

The Director ended by asking for the Board’s serious consideration of declaration 
of a drought warning at this time.

Member Howden asked when is Kamole expected to have new filters. 

Director Eng stated that it is in the fiscal 2008 capital budget.  They will 
retrofit those membranes to the new PEDF type of membrane.  In theory, they 
could get more production out of that, up to 25% more but again it is based on 
ditch levels too.  

Member Howden stated that he went back to the April 13, 2000 agreement with 
EMI/HC&S and he calculated that it gives us the right to pull close to 9 mgd 
from the Wailoa ditch but we are only pulling 5.6 at present.  It does seem to 
him that the drought situation is a result of failure on planning by the County.  

Director Eng agreed and stated that it is not in the lack of recent planning 
but in planning over the years.

Member Howden stated that even under these conditions we can be pulling up to 
9 mgd.  If you put Hamakuapoko online to supply HC&S we could pull another 
million.  We could trade tainted agricultural water which is of no concern to 
HC&S and pull another million from Wailoa. Member Howden said he is concerned 
with the April 13, 2000 agreement.  It is a little disproportionate in terms 
of the advantages that HC&S draws.  It is the Kula farmers who suffer and not 
HC&S.

In terms of preparing for a drought we really need to re-visit the April 13, 
2000 agreement and tighten that up a bit.  The future of East Maui water is 
going to be a cooperative endeavor between HC&S and the County.  But it seems 
so disproportionately in favor of HC&S’s interest even though this is public 
water.  

Director Eng stated that the relationship between the County and EMI goes well 
beyond the scope of this agreement.  In fact, Garrett Hew and he have talked 
about looking into exchanging water by using the Hamakuapoko wells and 
discharging it into their ditch and in turn the County could get more water out 
of Wailoa for treatment.  

If things got really difficult, HC&S has assured him that they will step 
forward and they will really cut back to make sure that the community is served 
with potable water.  He feels very fortunate that they have a good understanding 
and working relationship that really goes beyond the language of these agreements.  
This Department intends to maintain that kind of working relationship. 

Member Howden stated that there was a land board order for EMI to release water 
to the East Maui farmers and nothing has happened.  EMI is certainly capable of 
releasing water to the East Maui farmers.  

Chair Okamura stated that maybe the board should not discuss this because it is 
a separate issue.  

Vice Chair Aldridge stated that he also supports Member Howden’s comments about 
reviewing the EMI agreements because they seem to be contradictory from one 
agreement to the other.  

He stated he believed the filtration capacity at the Kamole Weir treatment plant 
is somewhere around 8 or 10 mgd currently and asked if this is correct.

Paul Seitz stated that currently, the maximum you could get out of that plant 
is 7 mgd as far as production.  One of the limitations is the caustic feed 
system and the other limitation is the 4 high lift pumps that pump the water 
up to the Pookela tank. They have a 700 hp, a 600 hp and two 400 hp pumps.  
All 4 pumps are constant speed pumps so we can only produce at those 
combinations of pumps.  

Vice Chair Aldridge stated he believed that this board had absolutely no 
authority to declare a drought, so why is the Department asking us to declare 
a drought if the director can simply declare one?  

Edward Kushi stated that because of the charter change this board is advisory, 
however, the rule as it exists reads that the board shall declare a drought.  
If his office is asked, can the department on its own declare a drought, they 
would say yes.  However, his office did ask the Department to call a special 
meeting to at least review it with the board.  If they didn’t, there would be 
more fuel to the fire, with no water to put it out.  

In any event, his office advised the department as well as the Mayor’s office 
to bring this matter before this board.  The Department is prepared to issue 
the letters and do the publication tomorrow.    

Vice Chair Aldridge asked what exactly does a declaration of drought mean?  What 
does it authorize the Department to do?  What impact will it have on the users?  

At this time Mr. Kushi distributed copies of a 1998 Board of Water Supply 
resolution regarding establishing Upcountry drought guidelines.  

Director Eng directed the Board to look at the second page of this hand-out.  He 
stated that the Department is requesting the Board’s recommendation to declare a 
drought warning at this time.  

Mr. Kushi stated that Resolution 98-18 was adopted in August of 1998 when the 
Board was a semi-autonomous body.  This was the Board’s procedures in directing 
the Department, upon meeting the various triggers, to take action.  His office 
suggested that the Department, in consultation with the Board of Water Supply, 
declare a drought and then issue a drought warning.  

The triggers on the left side column apparently have been met, so now we go to 
the action steps on the right side column.  The procedure is first a Drought 
Watch.  The action is mainly a request for voluntary cut-backs.  Though, action 
number 6, “Postpone all mainline tie-ins using Upcountry water for disinfection 
and flushing” may pose a problem with the Department because they have a 
flushing program.  But we are now past that stage.  

Next is the Drought Warning which would impose a mandatory 10% cut-back on all 
customers in the Upcountry system with a provision for 30-day extension for ag 
users.  Other measures include shutting off temporary water meters.  

When this resolution was adopted the Board had the full authority to adopt it.  
It is a matter of record.  There is nothing else to guide the Department.  

Member Howden asked if this means the Department will be using the Hamakuapoko 
waters as well?  Mr. Kushi stated no.  By ordinance we cannot use it.  

Chair Okamura stated that the last time the Board discussed the drought someone 
mentioned that this resolution was rescinded.  Is that correct?

Mr. Kushi stated that he doesn’t recall this was rescinded.  

Director Eng stated that it is still in effect.  Last year the Department was 
looking at some of the triggers/numbers and is planning to propose some 
adjustments to the reservoir levels.  Apparently it hasn’t been adopted by any 
body, so the Department is now referring back to this 1998 resolution.  We 
could fine tune the trigger points in the future but for now we can live them.  

Mr. Kushi stated that the Council is reviewing of all the rules of the Department 
and the Board of Water Supply.  Their intent is to codify those rules into 
ordinance.  It is before the Council as Chapter 14.07, Water Conservation During 
a Drought, which goes over this existing rule.   The whole procedure on who 
declares a drought and the action steps may change if the Council takes this on.  
They haven’t done it yet, so we are stuck with the existing situation.

Member Haller asked for clarification on Director’s letter regarding the 
capacity of Kamole Treatment Plant is limited by the pH feed.  If you lowered 
the pH to 7 would that increase the capacity?  

Mr. Seitz stated that we cannot lower the pH because we are bound by the 
conditions of our permit with the DOH for the Lead and Copper Rule.  However, 
even if we did, because of the combinations of the pumps, we wouldn’t realize 
anything out of it.  

Member Haller stated that it seems to her that what would be appropriate is a 
comprehensive look at what we need to do to get out of going into a drought 
every 12 months.  It seems to happen over and over again and she assumes it 
would beg a conversation with EMI in adjusting whatever we need to do, making 
that a priority.  Do you have such an idea to make it a priority?  How do we 
not end up here?  

Director Eng stated that unfortunately, probably next year we will be back 
discussing the same topic.  We do know that reservoir capacity is the key and 
that is something that we are seriously looking into.  Funding will be a greater 
key to that.  Who will be paying for it?  We could use 4 new groundwater sources 
right now.  That could be another $12 million.  The frustrating thing is we 
need $20 million every where.  Who wants to pay for that?  He knows there has 
been criticism about these joint deals with developers and that is not something 
he prefers at all but it is just a fact of life.  It brings on some source 
quicker than the Department can develop.  As long as the Department feels that 
the community is given a fair share and not making too many compromises, then 
he can live with it.  

He agreed that this is always foremost in his mind, the frustrations on how to 
deal with Upcountry.  We are making a start now.  He does want to look into that 
additional 300 million gallon reservoir for the Piiholo Lower Kula system.  We 
have to continue to look at new groundwater sources.  But again we are limited 
by funding. 

Member Howden stated that we don’t look at the long term.  We are not looking at 
planning.  We have allowed tremendous amounts of development in Upcountry without 
any emphasis on water storage.  This administration might want to look at making 
mandatory substantial water storage for any future developments. 

He asked how much water is used for ag in terms of the total water used in 
Upcountry.  Does anybody know?  

Chair Okamura stated that usually Holly (Perdido) answers that question.

Member Howden stated that the previous director, David Craddick, would 
occasionally make an exemption for agriculture users and not impose these 
restrictions on them.  Are exemptions still made?  Can we make that part of our 
proposal?  

Director Eng stated that the Board could make that kind of proposal, but right 
now he has these guidelines to follow.  Generally, it is safer and conservative 
that we follow these established guidelines.  On a personal level, he is 
supportive of allowing exemptions beyond what is provided in the drought warning 
guidelines, but at this time he doesn’t believe that is his call.  

Member Haller stated that discussions about trading water was mentioned and 
asked how that was going.  

Director Eng stated that hopefully Mr. Hew and he could meet shortly and continue 
those discussions.  

Vice Chair Aldridge was curious as to where we may end up this summer and asked 
if there were any data on historic low flow at Wailoa ditch.  

Mr. Hew replied that the lowest recorded flow was in October 1984 at 10 mgd.  
We are flowing at 28 mgd right now and that ditch has been in operation since 
1923.  

Chair Okamura asked Mr. Watanabe to explain about the Secretarial Declaration 
of a Drought Disaster Area.  

Mr. Watanabe stated that last year the County Emergency Board, chaired by James 
Robello, applied for a federal declaration which was made on behalf of Maui by 
the governor to the secretary of agriculture.  It was granted last year and this 
gave the farmers and ranchers the opportunity to get federal loans.  Mr. Robello 
has stated that Maui does qualify again.  A committee will send a request to the 
governor to ask the secretary of agriculture to declare an emergency declaration.  

Chair Okamura asked would it help if the Board declared a drought warning.

Mr. Watanabe replied yes, it would help their case with the governor.  

Mr. Watanabe stated that he wants to clear up the perception that Upcountry 
farmers suffer more than HC&S.  When you are in this situation, HC&S cuts back 
on its operations.  With the EMI agreement, most of the Upcountry farmers who 
are on the County’s system are getting that water to irrigate their crops.  He 
wants to also emphasize that most of the farmers use drip irrigation to conserve 
water.  As Maui’s farm bureau they try to support all agriculture.  HC&S is not 
getting the credit it deserves.  Frankly, without that system we would not have 
agriculture in this county.  

Member Howden commented that in 1923 when the ditch was built, the plantations 
worked for their own benefit.  But the waters are public waters and that is an 
underlying issue we need to address.  He doesn’t mean to make HC&S the bad guy 
but he does have some other concerns about them.  What we really need to address 
is the issue of public waters and the right to those waters.  

Mr. Watanabe stated he agreed with that but for him in his position he doesn’t 
want it to be big ag versus small ag.  We all support each other and that’s the 
way it has got to be for this county and state.  He does agree with Member 
Howden on the long range planning for Piiholo reservoir.  He would like to see 
the County make this the number one priority for the Water Department because 
federal funding for this has been removed by President Bush from the federal 
budget.  It is a concern that on the federal level funds are being depleted.  

Mr. Kushi stated regarding Hamakuapoko wells, our hands are tied based on the 
ordinance that we are not to use that source for potable water consumption.  
However, if things get worse and we go into an emergency situation, the governor 
might step in.  The governor has the power to declare a disaster emergency 
situation and based on that declaration she may suspend all county ordinances, 
laws and regulations.  Because of these conditions, Hamakuapoko wells may be put 
back into service.  But until that happens Hamakuapoko is a non-issue.

At this time the Chair recognized the attendance of Member Holmberg.

Member Haller asked if it would require this Board to meet again if it went in 
the reverse, from warning to watch.   

Mr. Kushi stated that it is his understanding that this resolution is automatic, 
based on the triggers.  If it gets better then we can go back.  He would advise 
the Department to call another special meeting if it goes to the emergency 
situation.  

Member Haller asked how quickly does the water table of the aquifer become 
affected by drought.  

Director Eng stated that it would take many, many years by the time the water 
percolates down that far.  If it continues like this, those water levels would 
potentially be lowered.  But the immediate problem is more surface water related.

The Chair stated that item 10 under Drought Emergency states “Press release of 
emergency drought notice to news media.”  There is nothing like that under 
Drought Warning.  He also noticed that there was a press release about the low 
levels and wondered how the public be notified if the Board declared a drought 
warning today.  

Mr. Kushi stated that although the resolution doesn’t call for a press release, 
the board’s existing rules does.  He referred to 4-1(a) which states “The 
declaration of drought shall be published in a newspaper of general circulation 
in the county of Maui at least once a month during the period of the drought.”

Director Eng stated that they are prepared to send notices out in the mail, 
though not everyone Upcountry will be receiving a letter.  Only those who exceed 
400 gallons per day of consumption based on the previous 2 years or the last 
March billing will have triggered a letter.  

Member Howden asked Director Eng if he was asking for a drought warning or a 
drought emergency.  

Director Eng replied that he is asking for a drought warning.  

Motion:	By Member Howden to declare a drought warning and he would amend it 
so that agricultural users in the Upcountry area who would be severely, adversely 
affected by this can apply for an exemption with the director. 

Member Howden asked Mr. Watanabe if he was okay with this.

Mr. Watanabe replied that he would have preferred an emergency declaration at 
this point.  It would be better for the agriculture community to be at that 
level because it would set the wheels in motion for a federal declaration.  

Member Haller questioned Item 4 of the Drought Warning which states “10% 
mandatory reduction…”  So there must be some consequence even under warning 
conditions.  Her concern is where it states “If the 2 wells at Hamakuapoko, 
Haiku or Kapukalua are not available” then a 10% mandatory reduction applies to 
the Ag water rates.”  So how does that apply here since these wells are out.

Director Eng stated that the last phrase applies to ag with a 30-day reprieve.  

Member Howden stated that 30 days is not enough and we should give them a minimum 
of 60 days and allow for exemptions on a case by case basis.  

Member Holmberg stated that in the past when the Board declared a drought warning, 
the consumption goes up.  Since that has happened in the past, he would be in 
favor to consider going straight to a drought emergency.  Because in essence by 
declaring a warning we are going to create an emergency.  

Chair Okamura stated that we have not met the triggers for a drought emergency.  
He suggested going into a drought warning and have the situation monitored and 
if the triggers are met then go into a drought emergency.  

Mr. Seitz stated that as far as the triggers for a drought emergency, you need 
4 of the triggers to be met.  Currently we only meet 3.  A fourth one would be 
the water inventory at Kahakapao at ? 40 mg.  It was at 41 this morning.  

Director Eng stated that to deal with the drought they will be meeting quite 
regularly so personally he could live with a drought warning at this time.  The 
Department is monitoring the Upcountry system daily.  He further stated that he 
is willing to follow the guidelines and the triggers as much as possible even 
though he would like to make some adjustments.  

Member Howden stated that we are so close, only a million gallons away from the 
fourth trigger and he suggested that the Board deal with it today.  

Motion:	By Member Howden to declare a drought emergency with a 60-day 
exemption for agricultural users Upcountry and the potential for the Department 
to exempt other agricultural uses if it would severely or negatively affect how 
they function. 

Director Eng stated that he has some concerns about the reaction from the public.  
By declaring a drought warning with a 10% reduction requirement he thinks that 
those at 400 gallons per day can cut-back 10%.  But for those at 400 gallons per 
day to cut-back 25% it would be a hardship. 

Motion:	By Member Howden to declare a drought warning with a 60-day exemption 
for agricultural users Upcountry and a further exemption for those agricultural 
users Upcountry who would be severely adversely affected by this restriction.  

Second:	By Vice Chair Aldridge.

The Chair stated that the motion is to declare a drought warning and ag users 
severely affected apply for an exemption with the director.

Discussion:	None.

Vote:		Unanimous.  Motion carried.
  
V. Adjournment

The June 12, 2007 Board of Water Supply special meeting was adjourned at 10:21 
a.m.


						Prepared and submitted by:



						__________________________________
						Gaye Hayashida
						Commission Support Clerk


Approved on: _______________________