Water and the Law in Hawaii

Water and the Law in Hawai'i provides an intellectual and legal framework for understanding both the past and future of Hawai'i's freshwater resources. It covers not only the kanawai (laws) governing the balancing act between preservation and use, but also the science of aquifers and streams and the customs and traditions practiced by ancient and present-day Hawaiians on the 'aina (land) and in the wai (water). In placing Hawai'i water law in the context of its historical development, the author condenses an enormous amount of information on traditional Hawaiian social structure and mythology. His analysis and explanation of the Hawai'i Supreme Court decisions on water rights pose difficult questions and reveal the Court's at times defective reasoning by referring readers to original source material. He is the first author to explain fully how water use permits will play out in a variety of circumstances that may arise in the future, and he discusses the interrelationship between the State Water Code and the common law on water rights, which few people understand or are aware of.

A key chapter on the controversial Waiahole Ditch, which transports water drawn from streams and aquifers on windward O'ahu to the arid but fertile agricultural lands on the leeward side of the island, presents a fascinating case study of how water laws are actually made. Commentaries published in scholarly journals, media coverage, and even the written court decisions themselves never fully reveal the facts behind the verdicts. Despite the confusion that sometimes infuses significant court cases like the one involving Waiahole Ditch, more often than not, argues the author, the decisions that emerge result in sound public policy in the never-ending struggle between conserving and consuming Hawai'i's freshwater resources.

Water and the Law in Hawai'i is a vital contribution to understanding water law in Hawai'i. It will prove invaluable to students of the subject and will appeal to those with an interest in cultural anthropology, planning, Hawaiian history, and political science.