The state Commission on Water Resource Management has issued a controversial decision to return some diverted water to six of 19 East Maui streams, which have been used for more than 100 years to provide water for sugar in the Central Maui plains.

The decision, which could take two to three years to implement, returns a greater portion of water to East Wailua Iki, West Wailua Iki, Waikamoi and Waiohue streams during Maui's wet season and smaller amounts during the dry season. It also returns some water year-round to Hanawai and Makapipi streams. The new interim inflow standards seek to improve the health of Maui's streams by modifying a more than 100-year-old practice that allowed Maui's large plantation companies to divert stream water for irrigation.

“;There's a lot about this decision that should make a lot of people in Hawaii feel very positive,”; said Laura H. Thielen, chairperson of the state Department of Land and Natural Resources and head of the water commission. “;It's an adaptive management strategy. We'll come back and evaluate whether the desired results are happening or not.”;

The new standards will improve the health of natural resources and provide more water for downstream taro farmers and enough for large users like Hawaiian Commercial & Sugar Co. to operate, Thielen said. They also establish monitoring provisions to keep development and waste in check, she said.

But the decision, which tried to balance community, environmental and business interests, has drawn criticism from all sides.

While HC&S appreciated that the ruling gave the company more access to water during the dry months, General Manager Chris Benjamin said that it still represents another sizable water reduction. The commission returned water to five East Maui streams in 2008 and has a decision pending in a contested hearing that could restore Waihee, North & South Waiehu, Iao and Waikapu streams, traditionally known as the “;Na Wai Eha,”; or “;The Four Great Waters.”;

“;Taken in combination with the commission's 2008 decision on five East Maui streams, and the still-pending Na Wai Eha decision with considerably more at stake, an already-challenging business has been made even more difficult,”; Benjamin said.

The company has said on numerous occasions that lack of access to enough water could shutter the business, which employs about 800 Maui workers.

“;HC&S has been making good progress in overcoming many challenges and has many reasons to be optimistic about our future, which will hopefully include biofuels,”; Benjamin said. “;We will keep trying our hardest to keep HC&S viable to enable this transition.”;

Those from the other side of the spectrum—the Native Hawaiian Legal Corp. and Maui County—were not satisfied, either.

Camille Kalama, a staff attorney for the NHLC, said the seasonal compromise could lead to sick streams. Healthy streams are needed to restore ecological uses, Hawaiian practices, recreation and scenic value, Kalama said.

“;It's not really a victory,”; she said.

“;Yes, water will be returned in the wet season. But when the water is gone, the plants and animals will compete for resources and some will die.”;

Though new standards represent progress over the status quo, they do not return enough stream water to support Hawaiian use, she said.

Maui County Mayor Charmaine Tavares said that the decision appeared to reduce the availability of water from Waikamoi Stream for upcountry users during part of the year.

She said, “;A commission-mandated reduction of water could be devastating to nearly 10,000 residents, farmers, ranchers, businesses and schools located in the upcountry areas.”;

The county is reviewing its option to challenge the decision in a contested case hearing along with the Native Hawaiian Legal Corp., Tavares said.