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*** FOR PUBLICATION *** IN THE SUPREME COURT OF THE STATE OF HAWAI#I --- o0o ---

In the Matter of the Contested Case Hearing on Water Use, Well Construction, and Pump Installation Permit Applications, Filed By WAI#OLA O MOLOKA#I, INC. and MOLOKA#I RANCH, LIMITED.

NO. 22250 APPEAL FROM THE COMMISSION ON WATER RESOURCE MANAGEMENT (CASE NO. CCH-MO96-1) JANUARY 29, 2004 MOON, C.J., LEVINSON, AND NAKAYAMA, JJ., CIRCUIT JUDGE MCKENNA, IN PLACE OF DUFFY, J., RECUSED, AND ACOBA, J., CONCURRING SEPARATELY OPINION OF THE COURT BY LEVINSON, J. This appeal arises from a contested case hearing before the appellee Commission on Water Resource Management [hereinafter, "the Commission"] involving the water use permit, well construction permit, and pump installation permit applications submitted by the applicant-appellee Wai#ola O Moloka#i, Inc. (Wai#ola) and its parent company Moloka#i Ranch, Ltd. (MR) [collectively, hereinafter, "MR-Wai#ola"] to construct and utilize the proposed Kamiloloa-Wai#ola Well (Well No. 075901) within the Kamiloloa aquifer system of the Kamiloloa water management area (WMA) on the island of Moloka#i. The appellant

Department of Hawaiian Home Lands (DHHL), the intervenorappellant Office of Hawaiian Affairs (OHA), the intervenorsappellants Walter Ritte, Karl Mowat, and Glenn Davis [hereinafter, "the Ritte intervenors"], and the intervenorsappellants Martin Kahae, Wayde Lee, Sheldon Hamakua, Walter

*** FOR PUBLICATION *** Mendes, Louise Bush, Judy Caparida, and Robert Alcain [hereinafter, "the Kahae intervenors"] appeal from the decision and order (decision) of the Commission, filed on December 28, 1998, granting MR-Wai#ola's application for a water use permit, pursuant to Hawai#i Revised Statutes (HRS)

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