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Public Trust Doctrine Sypmposium
HAWAII'S THOUSAND FRIENDS welcomes you to an in-depth discussion of the most far-reaching and influential land and water use court decision in the last forty years. See a summary of Hawaii's Public Trust doctrine, the court decision, scholarly papers, attorney opinions, and the transcript, and photos of HTF's October 6, 2001, Symposium on "Managing Hawaii's Public Trust Doctrine" Here
In strong language, the Hawai`i Supreme Court described the public trust doctrine as "the right of the people to have the waters protected for their use [which] demands adequate provision for traditional and customary Hawaiian rights, wildlife, maintenance of ecological balance and scenic beauty, and the preservation and enhancement of the waters . . ."
"For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people."
Waiahole Ditch Case
The Waiahole case arose from the efforts of small family farmers and Native Hawaiians, led by citizen groups Hakipu`u `Ohana, Ka Lahui Hawai`i, Kahalu`u Neighborhood Board, Makawai Stream Restoration Alliance and a coalition of supporters (collectively the "Windward Parties"), to restore streams originally diverted by Central O`ahu sugar plantations. O`ahu Sugar's 1993 announcement of its closure in 1995 sparked a monumental legal battle over the diverted water -- in the words of the Hawai`i Supreme Court, a case of "unprecedented size, duration, and complexity." The Windward Parties sought to return diverted flows to the streams to restore native stream life, such as `o`opu, `opae and hihiwai; protect traditional and customary Native Hawaiian practices; support the productivity of the Kane`ohe Bay estuary; and preserve traditional small family farming, including taro cultivation. But large scale agricultural and development interests, including Campbell Estate, Robinson Estate, Kamehameha Schools, Dole/Castle & Cooke, and others, joined by the State, pushed to continue the flow of Windward water to leeward lands to subsidize golf course irrigation, short-term corporate agriculture, and housing development.
The Hawaii Supreme Court Waiahole 2000 Public Trust Doctrine Ruling
In the Matter of the Water Use Permit Applications, Petitions for Interim Instream Flow Standard Amendments, and Petitions for Water Reservations
for the Waihole Ditch Combined Contested Case Hearing NO. 21309
APPEAL FROM THE COMMISSION ON WATER RESOURCE MANAGEMENT
(CASE NO. CCH-OA95-1)
AUGUST 22, 2000
Read case here