BOARD OF WATER SUPPLY
County of Maui
Regular Meeting
Thursday, March 27, 2008
9:00 a.m.
Planning Department Conference Room
First Floor, Kalana Pakui Building
250 South High Street
Wailuku, HI  96793




	I. CALL TO ORDER

	Chair Lee Aldridge called the March 27, 2008 Board of Water Supply meeting 
	to order at 9:12 a.m.

	II. ATTENDANCE

	Board Members:			Staff:

	Chair Lee Aldridge		Eric Yamashige, Deputy Director
	Vice Chair Carl Holmberg	Edward Kushi, Jr., Deputy Corporation Counsel
	Marion Haller			Herb Chang, staff engineer
	Michael Howden			Tui Anderson, Water Conservation Specialist
	Kui Lester			Gaye Hayashida, Commission Support Clerk
	Kelli Myers
	Kenneth Okamura			Others:
	Phyllis Robinson				
       					John Duey
	Member(s) Excused:		Joseph Medeiros
       					Cheryl Medeiros
	Scott Luck			Stephen Gingerich, USGS
       									
	III. ANNOUNCEMENTS

	Chair Aldridge announced that the Board will re-hear some missing testimony 
	from the appeal by Dawn Silva which is scheduled for 11:00 a.m. 

	The Chair also announced that he sent some Associated Press articles 
	regarding pharmaceuticals and drugs in the water to the board members 
	through the commission clerk and hoped that the members found the articles 
	to be informative.  

	IV. APPROVAL OF MINUTES

	The commission clerk suggested that the Board could accept the minutes of 
	February 28, 2008 pending a 30 day review.  The Chair agreed and asked for 
	a motion to accept the minutes pending board member corrections submitted 
	to the commission clerk over the next 30 days. 

	Motion:		By Member Haller to accept the minutes of February 28, 2008 
			pending Board member corrections within 30 days. 

	Second:		By Member Howden

	Discussion:	None.

	Vote:		Unanimous.  Motion carried.

	V. TESTIMONY FROM THE PUBLIC

	A. Joseph Medeiros regarding clarification on Findings of Fact and 
	Conclusion of Law from the January 24, 2008 hearing.

	Chair Aldridge announced that this subject is not an agenda item so there 
	is no give or take and this is only for public testimony.  Mr. Medeiros 
	stated that he understood.

	Mr. Medeiros began his testimony by saying they received the Board’s 
	decision in December but they do not understand it and neither does the 
	Department’s engineer, Herb Chang, who they met to discuss this.  Mr. 
	Medeiros stated that because they are confused they cannot act without 
	some clarity from the Board.   

	He was told by the Commission Support Clerk that they cannot meet with any 
	board member or talk to them and the Water Department couldn’t answer any 
	of the questions as well.  So what he is looking for is clarity and asked 
	if it was possible for the Board to look over what was written and help 
	them out.  

	Mr. Medeiros testified that Herb Chang, after conferring with the Director, 
	told him that they would have to comply with the Department’s rules and 
	regulations and he didn’t understand what they can or cannot do.  He asks 
	that the Board look this over and give him an idea of where to go from here.  

	Chair Aldridge stated that since this is simply public testimony the Board 
	cannot make a decision.  He added that he will attempt to establish a 
	meeting with the Department and Mr. Medeiros some time in the future to 
	hopefully clarify the decision of the Board.  

	B. John Duey regarding Water Solutions for Central Maui Systems.

	Mr. Duey introduced himself as a taxpayer, a resident of ‘Iao Valley and 
	president of Hui O’ Na Wai Eha and thanked the Board for listening to him 
	today.  He wanted to propose 5 solutions to Central Maui’s water problems, 
	though the solutions are expensive, some more that others, some are one 
	time costs, some are continued costs.  Solving the water problem is not 
	inexpensive and will not go away.  

	He stated that he agreed with the Mayor that the water rates are too low 
	and something has to be done, there’s no other choice.  He also urged that 
	the water meter installation charge be increased or some of that money put 
	aside for storage.  

	Solution #1 Recycled water.  The Kihei Waste Water Treatment Plant produces 
	approximately 4.4 to 4.9 (mgd) of R1 water daily and on average 1.5 mgd of 
	that is used and 3.2 mgd is pumped back down into the ground.  What a waste 
	to spend money to treat the water and not be able to use it.

	Solution #2	Conservation.  Mr. Duey emphasized that this is a no-brainer. 

	Solution #3	De-Sal.  Mr. Duey stated that Director Eng testified during 
	the Na Wai Eha contested case hearings that de-sal would be at least 
	3 to 4 years out after the plans are draw up.  The drawbacks are that brine 
	is left behind and the cost of power is expensive.  

	Solution #4	Tunnels.  The ‘Iao Tunnel (5330-02) in Happy Valley is 
	controlled by HC&S and they have a permit in for 100,000 gallons. Mr. Duey 
	added that this is part of the contested case hearing of Na Wai Eha.  This 
	tunnel goes under homes and the ‘Iao Stream then drops into Spreckles 
	Ditch.  He believes it is a shame that this water goes to irrigate 
	sugarcane.  He recommends ‘Iao Tunnel (5332-02) be condemned and used for 
	municipal use.  

	Solution #5   Storage.  Mr. Duey proposed that the County acquire the Waiale 
	Reservoir which currently holds 36 million gallons and build a billion 
	gallon reservoir.  

	VII. OTHER BUSINESS 

	A. Presentation by Stephen Gingerich, USGS, on the ‘Iao and Waihe’e Aquifers

	At this time Chair Aldridge announced he was moving the agenda items around 
	and so he asked Mr. Gingerich to give his presentation on the ‘Iao and 
	Waihe’e Aquifers.   

	Mr. Gingerich gave an overview of the project that the USGS has been working 
	on in cooperation with the Water Department for the last 4 years.  It 
	is now near the end of the project and it will be going out for a review 
	process.  This is a 4 and a half year project and it cost approximately 
	$1 million which is split between them and the Water Department.

	The last 4 years of data shows that the average rainfall at Puu Kukui dipped 
	below the 50% average in 2007, which is approximately 160 to 170 inches 
	of deficit rainfall.  During that same time period the pumpage from ‘Iao 
	and Waihee Aquifers has been pretty stable though there was a slight rise 
	until it dropped down in December of 2007 due to the rains.  The monitoring 
	wells of the aquifer show the seasonal pattern of water level.  It dropped 
	in the last 4 years but not as serious as it was 6 or 8 years ago.  

	The Waiehu Deep Monitor Well goes through the freshwater into the saltwater 
	of the aquifer and collects samples to 	monitor the depth of the transition 
	zone beneath the freshwater.  What they see is a trend or movement of this 
	zone 	migrating up even though pumping is stable and rain goes up and down.  
	This kind of response takes at least tens of years, so what we are seeing 
	are the effects of pumpage from about 20 to 30 years ago.  

	Their study area originally included only the areas around ‘Iao and Waihe’e, 
	but the groundwater system and the hydrology are affected by the groundwater 
	recharge throughout Central and West Maui.  So they included the volcanic 
	rift zone of Haleakala and all of West Maui.  

	The objectives of the study were to understand the regional groundwater 
	flow better, get updated estimates of groundwater recharge to the system, 
	and to look at future scenarios.  They approached it by looking at the 
	existing historical data, collected additional data for recharge estimates, 
	compute a new recharge estimate with a water budget approach, and finally 
	develop a numerical computer model to simulate future conditions.
	
	The recharge computation method is like an accounting method where they 
	add up all the rainfall, moisture collected from fog, irrigation from 
	agriculture and subtract out the losses like evaporation from the sun, use 
	by plants and runoff to the ocean; and mixed with the hydraulic properties 
	of the soil and the land cover.  All this is put together in a GIS approach 
	to come out with estimates of recharge to the groundwater system.  This is 
	the “driver” of how much water can be taken out of the aquifer.  

	They took the recharge study and looked at the historic records from 1926 
	because of the good rainfall data they had from that time on.  The time 
	periods were broken down based on different rainfall events and agricultural 
	use which began with the period from 1926 to 1979.  From 1979 on they looked 
	at the recharge in 5 year increments.  Their 5 Year Moving Average Study 
	of Area Rainfall showed that there were dry periods in the mid 70’s but 
	1998 to 2002 period was the driest ever recorded in the 100 year rainfall 
	record.  
 
	They looked at land use during the same period which would have a big 
	impact as to what type of land cover, vegetation and irrigation.  The main 
	land uses were sugar and pineapple from 1926 to 1979 and as time changed 
	the land use changed and more efficient irrigation systems were used.  
	Most of the significant changes were in the ‘Iao and Waihe’e areas. 

	Taking the rainfall data and the land use data and using the GIS package 
	they came up with estimates of groundwater recharge.  Drier periods, less 
	irrigation and more efficient irrigation caused less recharge to the system.  

	During the period of 1926 to 1979 there was approximately 700 million 
	gallons a day (mgd) of recharge for Central and West Maui.  As you move 
	along in time, in the 2000 to 2004 period there is a 44% decrease over the 
	whole study area and an 18% decrease for the ‘Iao area alone.  He would 
	estimate that approximately 20% would be due to rainfall change and 20% to 
	25% to irrigation change for the past 10 years or so.

	Another component that feeds into the groundwater model is the infiltration 
	of stream flow into the aquifer as recharge; though most of these streams 
	have been diverted for irrigation.  There are volcanic rocks that are less 
	permeable and act like “dikes”.  They fill up like a bathtub and the water 
	spills out into the streams and tunnels.  If the streams weren’t diverted 
	the water would flow down and outside of the “dike” into the outer lava 
	flows above the water table and it would sink back through the stream bed 
	and act as recharge.  

	One of the things the USGS wanted to look at was how much water would 
	return to the aquifer if they weren’t diverted.  Based on their Stream 
	Infiltration measurements of Waiheu, ‘Iao, Waihe’e and Waikapu, they 
	estimate it to be at about 12 mgd of potential recharge which is a 
	significant number considering that the sustainable yield of the aquifer 
	is about 20 mgd.

	They used a computer model to mimic the actual physics of groundwater flow 
	in the system.  A numerical mesh of this area is made, next they put in 
	the geological properties of the system, and then they run the water through 
	the system to see what happens.  The unique geology of West Maui is what 
	allows it be a good aquifer.  

	Using this model they can project out to 150 years from now and plug in the 
	“what ifs”.  What if new wells are put in, what if these wells were pumped 
	differently, what if there is a drought, what if agriculture goes away.  
	These different scenarios give them a picture of what to plan for in the 
	future.

	Their plans for the next 6 months are to finish the modeling report draft 
	and start the review.  Next they will begin field work in the Lahaina 
	District.  

	VIII. APPEALS

	A. Appeal 07-01 An appeal by Dawn Silva of the Director’s decision/order 
	dated April 16, 2007, denying her request for a water meter for her 
	property located at 937 Kokomo Road, tmk (2) 2-7-011-031

	Chair Aldridge announced that the Board will now hear again the testimony 
	of witnesses, Catherine Silva and Dawn Silva.  The recording of their 
	original testimony, along with Deputy Corporation Counsel Madelyn D’Enbeau’s 
	opening statement on February 28, 2008, was lost due to a malfunction of 
	the recording equipment.  The parties involved agreed to a re-hearing of 
	only the witnesses’ testimony.  Present for this portion of the meeting 
	were Paul Mancini, attorney for the appellant; Dawn Silva, appellant and 
	witness; Catherine Silva, witness; Madelyn D’Enbeau, Deputy Corporation	
	Counsel for the Department of Water Supply; and Jeffrey Eng, Director of 
	Water Supply.

	Refer to Testimony of Catherine Marie Silva (Mrs. Silva) and Testimony of 
	Dawn Marie Lahela Silva Augustine (Ms. Silva).

	VII. OTHER BUSINESS (continued)

	A. Resolution 08-01 Commending Kenneth M. Okamura for Five Years of 
	Faithful Service

	Chair Aldridge read into the record, the following resolution regarding 
	Member Okamura’s service to the County of Maui 	Board of Water Supply.
  
	“BOARD OF WATER SUPPLY, COUNTY OF MAUI

	RESOLUTION NO. 1 (2008)


	Whereas, Kenneth M. Okamura of Kula, Maui, Hawaii was appointed to the 
	Board of Water Supply of the County of Maui on 	April 1, 2003 and his 
	term will expire on March 31, 2008; and

	Whereas, the said Kenneth M. Okamura served as Vice Chairperson of the 
	Board of Water Supply from April 2004 to October 2006 and as Chairperson 
	of the Board of Water Supply from November 2006 to November 1, 2007; and

	Whereas, the said Kenneth M. Okamura has unselfishly and with dedication 
	devoted, without compensation, his time and energy into matters dealing 
	with the Board of Water Supply, all in the interest of the people of the 
	County of Maui; and

	Whereas, during the time of his service as a Board Member, the said Kennneth 
	M. Okamura has contributed generously of his knowledge and skills to make 
	decisions for the Board of Water Supply that will influence its direction 
	and operation for the years ahead; and

	Whereas, the said Kenneth M. Okamura’s interest in the Board of Water 
	Supply and the Department of Water Supply has been greatly appreciated by 
	his fellow Board Members; now, therefore,	

	Be it resolved by the Board of Water Supply of the County of Maui that it 
	does hereby congratulate, commend, and thank the said Kenneth M. Okamura 
	for the five years of faithful and outstanding service he has rendered as 
	a member of the Board of Water Supply; and, 

	Be it further resolved that the members of the Board of Water Supply extend 
	to Kenneth M. Okamura our sincere Aloha and Best Wishes for his continued 
	success and much happiness in his future endeavors; and,

	Be it further resolved that certified copies of this Resolution be 
	transmitted to the said Kenneth M. Okamura, to the Mayor and to the Maui 
	County Council of the County of Maui.”
       
	Motion:		By Member Howden to approve Resolution No. 1 (2008)

	Second:		By Member Haller

	Discussion:	None.

	Vote:		Ayes – Chair Aldridge, Marion Haller, Carl Holmberg, Michael 
			Howden, Kuilauokalani Lester, Kelli Meyers, Kenneth Okamura, 
			Phyllis Robinson.

			Nays – None.

			Excused – Scott Luck

	Motion carried.

	Member Okamura expressed his appreciation in working with this Board and 
	thanked the members for their support.  He also thanked Deputy Corporation 
	Counsel and the Department and staff for a job well done and for their 
	support of the Board.  Being the the Board for the past 5 years, he is 
	impressed with what the Department does with all the limitations they have.        

	The Chair also read into the record a letter dated February 12, 2008, from 
	the Office of the Mayor to Member Okamura congratulating him for his service 
	to the Board of Water Supply.  

	“Dear Mr. Okamura:

	Congratulations on a job well done.  On behalf of the people of the County 
	of Maui, please accept my deepest appreciation and gratitude for your 
	dedication and service on the Board of Water Supply.  Your efforts and 
	contributions have made a positive difference.  I truly believe that it is 
	important for citizens to play an active role within both our community 
	and government.  

	The process of recruiting and selecting nominees to the various Maui County 
	boards and commissions has given me a greater appreciation for the 
	volunteerism and community service.  I would like to commend you for your 
	willingness to devote your time, energy, resources and insight to the 
	betterment of Maui County.  

	Once again, thank you very much for doing your part to make our county the 
	best that it can be and I hope that your experience has been rewarding 
	and worthwhile.  

	Sincerely,
	Charmaine Tavares” 

	Included with that letter was a certificate of service. 

	Chair Aldridge asked for a recess before continuing to the next agenda item.   

	VI. UNFINISHED BUSINESS

	B. Discussion/possible action regarding the Water Conservation Plan (WR-14)

	Chair Aldridge submitted a proposed resolution on the enforcement issue 
	of the Water Conservation Plan and asked the members to review it.  

	The Chair asked Tui Anderson, Water Conservation Specialist, what the other 
	water agencies are utilizing as enforcement procedures, other than 
	restricting outdoor watering.

	Mr. Anderson stated that his research didn’t show much in Hawaii, though 
	on Oahu they were going around and fining restaurants serving water when 
	it wasn’t requested.  The Maui DWS has sent letters out to restaurants 
	asking restaurants not to serve water unless it is requested.  

	Mr. Kushi asked who fines the restaurants.  

	Mr. Anderson replied that on Oahu it is the semi-autonomous Board of Water 
	Supply.

	He researched other utilities such as Las Vegas, Albuquerque, Tucson, and 
	Southern Florida Water Management; and for the most part most of the 
	violations are reported by “snitching”.  Most utilities would give a warning 
	before assessing a fine and the fines vary between $20 and $25 for the 
	first offense, though some places are much higher.  Tucson is the strictest.  
	They don’t give any warnings and issue fines immediately.  It is a $250 
	fine for the first offense, the next is $500 and goes up from there. 

	Las Vegas’ fines are based on the size of the water meter.  For less than 
	a 1-inch meter the fine is $20, 1 to 3-inch meter is $40, and 3-inch and 
	greater meter is $80 for first offense.  Each offense after that is doubled 
	indefinitely.

	Chair Aldridge asked if the fines are handled through the Water Department. 

	Mr. Anderson stated that most utilities add the fine on to the water bill, 
	though some have it as a criminal violation, a misdemeanor offense.  And 
	most allow for an appeal process.

	He corrected himself by saying that it was Albuquerque who didn’t give 
	any warning.  Tucson did giving warnings and tried to work with people but 
	if the people were unresponsive, they had to pay the fine.

	The fines were based on water waste, though it could be because of watering 
	on the wrong day.  The utilities were strict on the watering schedule, the 
	run-off, and running irrigation systems with broken sprinkler heads.

	Mr. Anderson quoted Albuquerque’s definition of water waste.  “Water waste 
	is any water other than natural precipitation that flows from a property 
	to the public right-a-way or adjacent private property.  Landscape 
	irrigation is the most common cause of water waste but it can also result 
	from air conditioning system leaks, car washing and other uses of water.  
	Water waste will result in the loss of valuable natural resources.”

	The utilities he researched all seemed to have extensive conservation 
	programs.  Some utilities offer water conservation workshops or classes 
	in lieu of a fine.  But if the people don’t go to these classes then they 
	would have to pay the fine.  The whole idea is to get people educated.  

	He suggested that the way to go is that the amount of the fine increases 
	with the size of the water meter as Las Vegas does it.  He likes the idea 
	of doubling the fine if people just continue to waste water, but definitely 
	there should be a warning first, then education and only fine people if 
	they still don’t comply. 

	Chair Aldridge stated that he would like to get some resolution to this 
	Water Conservation enforcement issue and asked 	Mr. Anderson if he was 
	preparing some kind of enforcement rules?  

	Mr. Anderson replied not at this time.  

	The Chair asked if he would prefer to do that rather than having it imposed 
	as a misdemeanor.

	Mr. Anderson replied he was not sure.

	Deputy Director Yamashige stated he too, could not answer that, but added 
	that we don’t want to go through the court system route.  The Department 
	is probably looking at adding more staff, following up on water waste 
	complaints, and maybe strengthening the Water Conservation ordinance and 
	incorporating proven measures.  

	Chair Aldridge’s proposed resolution supports the arena of enforcement 
	being the exclusive purview of the Department and that the Department will 
	develop rules for enforcement and penalty assessment.  Rather than micro-
	managing this he would like to see it in the hands of the Department 
	rather than the courts.  

	If the members are willing the Chair stated that he would like to propose 
	the resolution he submitted at this meeting to the Water Resources 
	Committee.

	Motion:		By Member Howden to accept the proposed resolution

	Second:		By Member Holmberg

	Discussion:  	None.

	Vote:		Unanimous.  Motion carried.

	VII. OTHER BUSINESS (continued)

	A. Discussion regarding the Upcountry Water System

	Deputy Director Yamashige stated that the Board may have noticed that the 
	reservoir levels are going down.  The Department has started phase 10 
	pumping and is even considering starting phase 6 which would be putting 
	some water in the upper system.  The recent rains have not affected 
	Kahakapao, but things have recovered quite well at Piiholo and Wailoa 
	Ditch has gone up as high as 140 mgd.  The Department is continuing to 
	monitor the situation.

	Member Howden stated that the Waikamoi intake system is pretty shabby and 
	needs to be redesigned so that there would be a better capture of water.  

	Member Haller asked for a review of the Upcountry system again.  She wants 
	to know what the total capacity is now and how it is managed.  

	Deputy Director Yamashige stated that the Chair had previously requested 
	that.  Director Eng was asked to provide a simplified sketch of the 
	Upcountry system.

	Member Howden stated that the Board needs to look at the Piiholo Well 
	Agreement and he asked the Deputy Director when will it be ready.

	Deputy Director Yamashige replied that the wells just got completed with 
	the pilot hole.  They will be putting in a pump to test it, either this 
	week or next.  If it proceeds on schedule then it should be completed in 
	late 2009.  

	Member Howden asked, then no meters would be allocated to Maui Land & Pine 
	until we know what the production of the well is?

	Deputy Director Yamashige replied that’s correct.

	Member Howden stated that if indeed as part of our agreement, we are to 
	pump water up to the Maui Land & Pine parcels, 	we really should consider 
	a pumping surcharge and asked if that seems reasonable.

	Deputy Director Yamashige stated that in the Maui Land & Pine agreement for 
	Piiholo Well, their service area is the Pukalani area and the agreement 
	says that the service area is identified by the Maluhia tank which is above 
	Pookeala where the Piiholo water will be going to.  That agreement goes 
	further to say that 120,000 gallons can be delivered outside of that 
	service area, and only to certain tax map properties.  So it is limited 
	and the Department is aware of how much it costs to take water above the 
	source and the agreement did limit that ability.  

	B. Discussion/possible action on the Central Maui Water System and West 
	Maui Water Availability 

	Deputy Director Yamashige stated that the Monthly Source Report in the 
	Division Reports shows the 12-month moving average of the Central system 
	is down to 16.272 mgd.  The Department’s permit with State’s Commission on 
	Water Resource Management is for about 17 mgd.  We were over pumping for 
	a little while but have made a lot of effort to reduce the pumping to a 
	little over 16 mgd.  We are now well within our allocation.  The Department 
	makes sure to spread the pumping and comply with the water allocation from 
	the commission.

	To help reduce pumping from the wells in the ‘Iao Aquifer, the Department 
	tries to produce as much as it can out of the ‘Iao Treatment Plant to 
	reduce its dependency on groundwater.  The plant is able to process up to 
	2.1 million gallons.   

	C. Receipt of Board Member request for agenda items to be placed on future 
	agendas

		1. Progress report on the Medeiros case

		2. Discussion on the Dual Line

		3. Revisit mandatory restrictions for Central Maui

		4. Discussion regarding pumping water from Kamole to the Upper and 
		   Lower Kula Systems

		5. Review of schematic of the Upcountry System 

		6. Discussion on the Piiholo Well Agreement

	IX. COMMUNICATIONS

	A. None

	X. DIRECTOR’S REPORT

	A. None.

	XI. DIVISION REPORTS
  
	XII. ADJOURNMENT

	Chair Aldridge announced that the attorneys for both parties in the Appeal 
	of Dawn Silva will get their written closing arguments to the commission 
	clerk 10 days before the April 24th meeting.  The Board will hear their 
	closing arguments on the 24th and may deliberate in close session that day 
	or at a later date.  But he would like to get it done and deliberate that 
	day.  

	The Department staff announced the reappointment of Scott Luck to a 5 year 
	term and the appointment of Ted Yamamura as new board member. 
 
	There being no further discussion, Chair Aldridge adjourned the March 27, 
	2008 Board of Water Supply meeting at 1:31 p.m.

					Prepared and submitted by:



					__________________________________
					Gaye Hayashida
					Commission Support Clerk


	Approved on: _____________________