According to measurements by the Commission on Water Resource Management, releases totalled only 5.47 million gallons instead of the required 10 million gallons.

Wailuku Water Company head Avery Chumbley told the Maui Now:

In a phone interview with company president Avery Chumbley on Tuesday, he told Maui Now that any time the river is flowing at 10 to 15 mgd for three consecutive days, that the company can take a third of the water for off-stream diversions.

If it falls below 10 mg, he said that under the settlement, the company can take 3.4 mg, which would leave just 6.6 mg in the stream instead of the 10 million…

Na Wai Eha member released this statement:

“We are extremely disappointed and continue to be frustrated with the blatant disregard by Wailuku Water Company and HC&S for not upholding the Public Trust and the agreed upon decision signed by all parties including the State Commission on Water Resource Management.”

and say that HC&S is also not complying with the mandatory releases.

The water mandated to be released was part of a settlement following a contested case filed by Hui o Nā Wai ‘Ehā, Earthjustice, Maui Tomorrow Foundation and the Office of Hawaiian Affairs.

Avery Chumbley and Wailuku Water are impeding inspections of the streams claiming private property.  Ironically, according to neighbors, Chumbley himself walks on their  properties to spray herbicides on their land next to the ditch.