Water for People,
Not For Profit.

West Maui is experiencing a historic drought. There is not enough water for all users. Under the Hawaii State law, public trust uses, such as in-stream flows and drinking water, have priority over watering the lawns of luxury estates and golf courses. The Hawaii Commission on Water Resource Management sets the standard for the amount of water that must remain in the stream. 

Ignoring the priorities set by law, TY and the Associations took water prioritization into their own hands. When asked to conserve, they put their needs first and continued to use millions of gallons of water meant for other uses. As TY and the Associations rushed to use water, they took water from each other and thereby caused each other and [the farm] the very injuries for which they blame MLP.   

Adding insult to manufactured injury, after ignoring water use restrictions for months, TY suddenly began following them. Once it stopped improperly using water, TY took pictures of browning grass, curated a narrative for a defamatory publicity campaign and filed a lawsuit made more for media soundbites than legal substance. 

The truth is that between reduced rainfall and governmental restrictions to protect public trust uses, there is less water available for commercial private uses. The truth is that the loss of water to Plaintiffs is not due to any failure to maintain the ditch system. MLP has appropriately maintained the system, despite operational losses and TY’s efforts to avoid paying its fair share for the water that it uses. The truth is that the historic drought, the in-stream flow standards and the improper use of water by TY and the Associations and their members caused the harms of which Plaintiffs complain. 

Rather than work collaboratively with MLP, Plaintiffs chose litigation, and TY chose media stunts. Through this counterclaim, MLP will set the record straight.