Aloha kākou,

At the November 18th Commission on Water Resource Management (CWRM) meeting, Turtle Bay’s landowners (Wasatch Arete TB Holdings) sought approval to install a new concrete culvert across ʻŌʻio Stream in Kahuku.

After a lengthy discussion, commissioners voted to DEFER the decision because the applicant failed to provide the information needed for CWRM to make an informed ruling grounded in cultural protections and the State’s Public Trust obligations.

📺 Recording: https://vimeo.com/1138659319 (Start: 20:55 – End: 1:23:20)
📄 Agenda: https://files.hawaii.gov/dlnr/cwrm/agenda/2025/ag20251118.pdf
📄 Staff Submittal: https://files.hawaii.gov/dlnr/cwrm/submittal/2025/sb20251118B1.pdf

Key Commissioner Concerns
Commissioners raised serious concerns about gaps and outdated materials in the application. Major issues included:

1️⃣ Missing information about the larger development plan
Commissioners emphasized they could not evaluate the culvert without understanding its purpose within the landowner’s broader development intentions.

2️⃣ Outdated environmental and cultural documents (SEIS & CIA)
The applicant relied on decade-old documents (SEIS [2013] & CIA [2012]). Commissioners noted these materials are 12 years old, may no longer reflect current shoreline, hydrological, or cultural conditions, and may not support sound decision-making today.

3️⃣ Gaps in Ka Paʻakai Framework Analysis/ Potential Impacts to Native Rights & Practices
Commissioners highlighted concerns that the Cultural Impact Assessment (2012) may fail to:

• Reflect current traditional and customary practices
• Address Ka Paʻakai Framework Analysis requirements
• Assess impacts to current practices such as fishing, gathering, ceremony, and other shoreline practices
• Account for iwi kūpuna protections under current conditions

4️⃣ No clear consultation process 
The former Turtle Bay Cultural Advisory Committee was not consulted on H1, H2, RR3, the stream alterations, nor this culvert proposal. There is currently no official consultation process to ensure cultural practices and iwi kūpuna protections are integrated into planning and development.

5️⃣ No evidence of proper consultation
Commissioners requested written, verifiable documentation, not verbal assurances, showing that cultural concerns are being meaningfully addressed. Proper consultation should produce evidence of the effort such as a list of consultees, informed consent forms, transcripts of consultation, opportunities for consultees to review and edit transcripts, drafts and a final report.

6️⃣ Strong public concerns and testimony
Commissioners noted that community testimony raised significant cultural, environmental, and legal issues, including impacts to ʻŌʻio Stream, coastal resources, cultural practices, and iwi kūpuna. These concerns have not been adequately addressed by the applicant.

7️⃣ Fragmented and incomplete presentation
Commissioners stated that the new owners must provide a clear, cohesive, and complete explanation of their intentions, rather than fragmented pieces of information, resulting in improper segmentation of cumulative impacts. 

🛑 Outcome: Motion to Defer
The Commission deferred the item until the applicant provides:

A complete explanation of their overall development plans
Clear specs, justification and engineering rationale for the culvert
Documentation of meaningful consultation
Full responses to community concerns, including the protection of iwi kūpuna

💚 Why This Matters
This permit has major implications for:

ʻŌʻio Stream
Coastal, marine, and groundwater health
Cultural resources and iwi kūpuna
Traditional and customary practices
Long-term development impacts at Turtle Bay
The State’s Public Trust Doctrine and protections under Article XII, Section 7
We have concerns that approving a project based on outdated documents, without rigorous re-examination of current conditions, would set a dangerous precedent, undermine public trust in state institutions, and weaken Native Hawaiian rights protections. These are concerns the community, and Kūpaʻa Kuilima, have long raised.

What This Means for the Community
Your advocacy is working. Commissioners explicitly referenced public testimony as a reason for caution and deferral. This issue will return to a CWRM agenda, and strong community engagement will continue to be essential to protect ʻŌʻio Stream, iwi kūpuna, and the integrity of the Ka Paʻakai process. Kūpaʻa Kuilima will continue to track this closely and ensure the community is informed every step of the way.

📝 How to Submit Testimony for the Upcoming CWRM Meeting
The next meeting is scheduled for December 16th, 2025. The agenda should be posted about one week before the meeting. We won't know if this item will be agendized again until the agenda is made public one week ahead of time. We will let folks know if Arete is on the December agenda as soon as we know. Testimony can still be prepared despite not knowing for sure when the agenda item will be added to the agenda of a future meeting.

The Commission welcomes public input on SCAP.6438.3 (Turtle Bay, ʻŌʻio Stream). You may testify in the following ways:

1️⃣ Submit via Our Google Form (Quick & Easy)
Share your testimony through our online form. Your comments will be included in Kūpaʻa Kuilima’s official submission.

🔗 Submit Testimony Here: https://forms.gle/rU3ueXjkfQeKdd618 

The form allows you to quickly check concerns you share.

2️⃣ Submit Written Testimony via Email or Mail
Email:
📧 Suzanne M. Kariya-Ramos — Suzanne.M.Kariya-Ramos@hawaii.gov
📧 General CWRM — dlnr.cwrm@hawaii.gov

Mail:
Commission on Water Resource Management
P.O. Box 621
Honolulu, HI 96809

3️⃣ Provide Oral Testimony (In-Person, Phone, or Zoom)
📍 Kalanimoku Building, 1151 Punchbowl St., Room 132
 📞 Phone testimony available (see agenda for Meeting ID)
 💻 Zoom testimony available by emailing: Suzanne.M.Kariya-Ramos@hawaii.gov

💚 Mahalo for Taking Action
Every comment strengthens protections for iwi kūpuna, cultural practices, and the health of ʻŌʻio Stream.Your voice truly makes a difference.

🌿 SUPPORT KŪPAʻA KUILIMA - KEEP US STEADFAST 🌿
Kūpaʻa Kuilima is a volunteer-led, 501(c)(3) nonprofit working every day to protect Turtle Bay, safeguard iwi kūpuna, uplift cultural practices, and ensure that the future of Kahuku Lewa is shaped by community, not corporations.

Every donation, big or small, fuels year-round work: community meetings, cultural gatherings, legal advocacy, public education, testimony support, and standing up to development that threatens our ʻāina and heritage.

Your kōkua keeps us kūpaʻa.
Help us protect what cannot be replaced and strengthen the movement for pono stewardship from Waialeʻe to Keana.

💚 Donate today: linktr.ee/kupaakuilima
💚 Tax-deductible gifts welcomed.

Kūpaʻa Kuilima T-shirts are finally here!
Show your support and wear your aloha ‘āina with pride. Every purchase helps strengthen our movement to protect ʻāina, uplift community voices, and honor the spirit of Kuilima.

Order yours today: linktr.ee/kupaakuilima
Limited sizes S–4XL available — $30 each while supplies last! A payment request will be sent through Venmo.

🌿 About the Design
🌿 Mahalo to the talented artist Kelsey Ige (@alohawares) for helping us reimagine our logo with deep meaning and intention. 🌊✨

Rooted in resilience, the hala tree symbolizes strength and protection, guiding us into a new era. Paired with the delicate ʻilima lei—representing Oʻahu and the fragile beauty of Kuilima—this design honors our deep connection to ʻāina. Ing said she “wanted to bring a ferocity and strength into it. Hala to signal moving into a new era paired with the delicate ʻilima lei to represent Oʻahu and the fragility of our special environment at Kuilima. Like ʻilima, it needs special care.” (Ing, 2025)

Follow @alohawares to see more of Kelsey’s incredible work! 💛🌱 

Hereʻs more manaʻo about the hala:

“The tree’s ability to produce sturdy prop roots, anchoring itself in challenging soils, is seen as a symbol of resilience and strength. The hala tree is considered a guardian of the land, embodying the deep spiritual connection between the people and their environment.” (Maui Ocean Center, 2025)

…”lei hala is a symbol and a protection against evil and misfortune of the past…” (Akana, 2022)

Each shirt carries this intention — a message of protection, renewal, and steadfastness.