Stop Industrial Dairy at Maha'ulepu Valley Kauai

The undersigned welcome you as our new Governor of the State of Hawaii. We have a big problem on Kauai. Our letters to Governor Abercrombie remain unanswered. We, the undersigned, ask no more than is legally required of our government officials. A large industrial dairy is proposed for Maha’ulepu by the Ulupono Initiative, to be operated by Hawaii Dairy Farms (HDF). The dairy wants to begin operation with 699 dairy cows and “within months” expand to 2,000 dairy cows (HDF 11/25/14 Press Release and 7/23/14 HDF Waste Management Plan). Maha’ulepu Valley is a revered site, rich in Native Hawaiian History, Cultural Practices and Archeological Sites, many documented with SHPD of the DLNR. It is also home to many endangered and/or threatened species of plants and animals. The Makauwahi Cave Reserve (cavereserve.org) is one of the most prized archeological sites in the State of Hawaii. It is currently under study by archeologists who have dated plant remains back 10,000 years and remnants of human habitation back 700 years. There are two streams (which swell to rivers during heavy rains), the Waiopili and Wailaau, that run across the proposed dairy site on their way to the ocean, less than 8 tenths of a mile from Maha’ulepu Beach, the start of a series of truly beautiful white sand beaches that make the South Shore of Kauai a treasured visitor destination. The proposed dairy site is less than one mile from a private residence and 1.7 miles to the Grand Hyatt and more than 500 nearby homes in Po’ipu Kai, Po’ipu Aina and then thousands more residences, resorts and time shares continue down the South Shore Coastline. HDF’s WMP reports each cow will produce a minimum of 143 lbs of wet manure/day (at least 3 million pounds per month with the start up herd and 8.5 million pound per month with the full 2,000 cows. Flies and odor would be overwhelming. Grove Farm is leasing the proposed site to HDF and has promised the dairy 3 million gallons of water per day, as a term of the lease, from the Waita Reservoir. The waters of the Waita, the largest reservoir in the State, are collected via the Huleia river diversion, a 1957 sugar cane diversion created for cane irrigation. Once the State Waters ceased to be used for the Koloa Sugar Plantation after its closure in 1996, the Waita Reservoir captured the diverted river and stream waters.

We, the undersigned, call on you and all government officials to to protect and preserve these waters pursuant to Article 11 of the Hawaii State Constitution and the Public Trust Doctrine. It is our position that these waters do not belong to Grove Farm, as recently decided by the Hawaii State Supreme Court. In addition we ask that you accept and protect the Native Hawaiian Historic, Cultural Practices and Archeological sites. The Waiopili, which flows over the proposed dairy site, cannot help but carry animal waste as it flows to the mouth of the Makauwahi Cave on its way to the ocean. A formal complaint has been filed by the Moku representative, Billy Kaohelauli’I, for our Kona District. We seek protection and preservation of the waters integral to Native Hawaiian customs (limu gathering, sustenance fishing and more) in Maha’ulepu and care of their historic site. Maha'ulepu valley contains "waters of the United States" as defined under the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., and discharge into these waters is prohibited. According to the Hawaii Clean Water Branch Water Quality Map, two streams run through the middle of Maha'ulepu valley and discharge into the ocean. HDF must not be permitted to operate a dairy at Maha’ulepu.