HONOLULU (KHON2) — As portions of Maui face a water shortage, tensions between two of the island’s giants are not drying up as Maui Land and Pineapple Company, Inc. is filing a countersuit against TY Management, the owner of the Kapalua golf courses.
The original lawsuit from TY Management, announced on Aug. 18, alleges that Maui Land and Pineapple has not properly maintained water resources, and instead made water less accessible by way of cutting water deliveries, inexplicably raising water rates and more.
Tensions were further raised following the relocation of The Sentry, a PGA tournament that traditionally takes place on the Valley Isle, but will not this year due to the water shortage.
Following the tournament’s relocation, both organizations released statements on the water issue and The Sentry on Sept. 16.
“Maui’s severe drought is having island-wide impacts, which we are seeing firsthand from the delays in much-needed housing creation to less water availability for domestic and irrigation uses,” Maui Land and Pineapple’s statement said in part. “For over a year, we have actively engaged with the Kapalua golf courses and other stakeholders to find solutions by reducing consumption and exploring the use of recycled water in west Maui.”
TY Management’s statement included a portion where they claimed that Kapalua’s water supply is “monopolized” by Maui Land and Pineapple, and said their actions have been consistent with “inexcusable failings.”
“The water supply for Kapalua is monopolized and controlled by Maui Land and Pineapple. The water shortage is the consequence of years of MLP’s failure to repair and maintain the Honokōhau Ditch system,” TY Management’s statement said in part. “The drought has revealed MLP’s inexcusable failings as owner and manager of Kapalua’s only water source.”
TY Management’s statement continued to accuse Maui Land and Pineapple of multiple shortcomings, including their alleged failure to maintain the water systems, alleged refusal to collaborate and other shortcomings.
“This pattern of neglect and refusal to act has turned a manageable challenge into a crisis that now impacts everyone,” TY Management’s statement said.
On Sept. 23, Maui Land and Pineapple announced their countersuit against Kapalua Golf Courses and Luxury Homes, which is owned by TY Management, citing “false and defamatory statements.”
“The problem is not MLP’s system; the problem is there has not been enough rain in the past year to supply stream water to all off-stream users in west Maui. State law is clear: Public trust uses, such as instream flows and drinking water, take priority over private irrigation,” Maui Land and Pineapple CEO Race Randle said. “False claims and smear campaigns will not deter us from following state guidance or distract us from collaborating on long-term water solutions for generations to come.”
Maui Land and Pineapple said that they have maintained the water supply to the best of their ability while also accusing TY Management of overusing water in the area, creating the problem TY Management blames on Maui Land and Pineapple.
“When asked to conserve, [TY Management] put their irrigation needs first, knowingly using millions of gallons of water meant for fire protection for the entire Kapalua community,” Maui Land and Pineapple alleged in a statement.
Maui Land and Pineapple went on to claim that TY Management’s claims were false and defamatory, and made with the “intent of discrediting MLP, going so far as to blame MLP for the PGA cancelling The Sentry golf tournament.”
Additionally, Maui Land and Pineapple alleged that TY Management had exercised negligence, acting as a public nuisance.
“TY breached its duty to not interfere with the health and safety of the Kapalua community by responsibly reducing its water use during drought conditions,” Maui Land and Pineapple said. “TY failed to prepare for drought conditions — TY negotiated easements from MLP to develop its own well source and storage over 15 years ago, yet failed to develop.”
Maui Land and Pineapple continued to say that TY Management’s actions “jeopardized” the safety of the greater community, and increased the risk of fire.
In response to Maui Land and Pineapple’s countersuit, TY Management addressed the claims as “demonstrably false,” and called them a distraction.
“MLP’s decision to sue TY and other west Maui water users just because they dared to hold MLP accountable is another attempt by MLP to distract the courts and the public from its many failings,” TY Management said. “We remain clear on the facts: for years, the Commission on Water Resource Management and community members warned MLP to repair and maintain the ditch system, and MLP failed to act. The result has been preventable harm to residents, farmers, cultural practitioners, workers, small businesses and nonprofits alike.”
For TY Management, the issue goes beyond golf, it is about the alleged neglect of a community in need of aid.
“This is not golf versus farmers — it is a systemic crisis caused by decades of neglect,” TY Management said. “Drought made things worse, but neglect is what made Maui vulnerable.”