In re 'Īao Ground Water Management Area High-Level Source Water Use Permit Applications

Opinion of the Court by

NAKAYAMA, J.

I. INTRODUCTION

Ná Wai ‘Ehá, or “the four great waters of Maui,” is the collective name for the Waihe'e River and the Waiehu, lao, and Waikapü Streams. The case before the court began in June 2004 when Petitioners-Appellants/Cross-Appellees Hui1 O Ná Wai ‘Ehá and Maui Tomorrow Foundation, Inc. (“Hui/MTF”), through Earthjustice, petitioned Appellee/Cross-Appellee Commission on Water Resource Management (“the Commission”) to amend the Interim Instream Flow Standards (“IIFS”) for Ná Wai ‘Ehá, which had been in place since 1988. Around the same time, several…