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IN RE `ĪAO GROUND WATER MANAGEMENT AREA

No. SCAP-30603.

287 P.3d 129 (2012)

In re `ĪAO GROUND WATER MANAGEMENT AREA HIGH-LEVEL SOURCE WATER USE PERMIT APPLICATIONS and Petition to Amend Interim Instream Flow Standards of Waihe'e River and Waiehu, `Īao, and Waikapū Streams Contested Case Hearing.

Supreme Court of Hawai`i.

August 15, 2012.

Attorney(s) appearing for the Case

Isaac H. Moriwake and D. Kapua'ala Sproat of Earthjustice for Appellant Hui O Nā Wai `Ehā and Maui Tomorrow Foundation, Inc.

Anna Elento-Sneed and Pamela W. Bunn of Alston Hunt Floyd & Ing for Appellant Office of Hawaiian Affairs.

Patrick K. Wong, Corporation Counsel and Jane E. Lovell, Deputy Corporation Counsel, County of Maui, and Jon M. Van Dyke, for Appellee/Cross-Appellant County of Maui, Department of Water Supply.

Donna H. Kalama and Julie H. China, Deputy Attorneys General, for Appellee Commission on Water Resource Management.

David Schulmeister and Elijah Yip of Cades Schutte LLP for Appellee Hawaiian Commercial and Sugar Company.

Paul R. Mancini and James W. Geiger of Mancini, Welch & Geiger and Gilbert S.C. Keith-Agaran for Appellee Wailuku Water Company, LLC.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., and Circuit Judge TRADER, in place of DUFFY, J., recused, with ACOBA, J., concurring separately.

Opinion of the Court by NAKAYAMA, J.

I. INTRODUCTION

Nā Wai `Ehā, or "the four great waters of Maui," is the collective name for the Waihe'e River and the Waiehu, `Īao, and Waikapū Streams. The case before the court began in June 2004 when Petitioners-Appellants/Cross-Appellees Hui1 O Nā Wai `Ehā and Maui Tomorrow Foundation, Inc. ("Hui/MTF"), through Earthjustice, petitioned Appellee/Cross...

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