Water and the Law in Hawaii

Water and the Law in Hawaii PDF

Author: Lawrence H. Miike

Publisher: University of Hawaii Press

Published: 2004-03-31

Total Pages: 280

ISBN-13: 0824873947

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Water and the Law in Hawaii provides an intellectual and legal framework for understanding both the past and future of Hawai‘i’s freshwater resources. It covers not only the känäwai (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 äina (land) and in the wai (water). In placing Hawaii 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 Hawaii 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. Water and the Law in Hawaii is a vital contribution to understanding water law in Hawaii. 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.

Native Hawaiian Law

Native Hawaiian Law PDF

Author: Melody Kapilialoha MacKenzie

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9780873363440

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Native Hawaiian Law: A Treatise is the definitive resource for understanding critical legal issues affecting Native Hawaiians. This extensively revised and updated edition of the groundbreaking 1991 Native Hawaiian Rights Handbook offers a comprehensive overview and analysis of specific topics within this complex area of law...Native Hawaiian Law provides the tools to find relevant cases, statutes, and regulations impacting the rights of Native Hawaiians. It focuses on the relationship between Native Hawaiians and the state and federal governments; trust lands; vital areas of resource protection and management; protection of burials, repatriation, language, education, and health; and emerging human rights norms affecting indigenous peoples. This in-depth guide is an essential addition to the growing body of scholarship on indigenous peoples' law.

Water and Power in West Maui

Water and Power in West Maui PDF

Author: Jonathan L. Scheuer

Publisher: North Beach West Maui Benefit Fund

Published: 2021

Total Pages: 0

ISBN-13: 9780824884529

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Water and Power in West Maui draws our attention to the ways control of water resources, in West Maui and across Hawai'i, has been key to the creation and perpetuation of political and economic power and privilege. This volume, by two leading advocates for progressive change in Hawai'i, highlights what has been only touched on by previous volumes on water law or land tenure in the islands, and with specific attention to the environment, history, and communities of West Maui. Individually, chapters on physical and legal infrastructure are invaluable stand-alone guides to key aspects of water management in the state and this area. For instance, one chapter covers recent efforts by the state to restore stream flows, a topic that is otherwise little addressed in published literature. This volume also dives into the inherent failures and unsustainability of the state of Hawai'i's management of groundwater by "sustainable yield," which will have profound implications for the future of Hawai'i water supplies in a changing climate. As a whole, with clear explanations of historical transformation and ongoing bureaucratic practice, the authors identify liberating paths forward. Rather than another treatise on how past bad practices set up a beleaguered present, they suggest how water and power in West Maui and Hawai'i can be better shared for an enduring prosperity for the diverse people within these communities. This volume will be of interest to scholars and historians, and a must-read for practitioners in water management and control, and contemporary environmental and indigenous struggles in Hawai'i and the Pacific.

Sugar Water

Sugar Water PDF

Author: Carol Wilcox

Publisher: University of Hawaii Press

Published: 1997-10-01

Total Pages: 208

ISBN-13: 0824864506

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Hawaii's sugar industry enjoyed great success for most of the 20th century, and its influence was felt across a broad spectrum: economics, politics, the environment, and society. This success was made possible, in part, through the liberal use of Hawaii's natural resources. Chief among these was water, which was needed in enormous quantities to grow and process sugarcane. Between 1856 and 1920, sugar planters built miles of ditches, diverting water from almost every watershed in Hawaii. "Ditch" is a humble term for these great waterways. By 1920, ditches, tunnels, and flumes were diverting over 800 million gallons a day from streams and mountains to the canefields and their mills. Sugar Water chronicles the building of Hawaii's ditches, the men who conceived, engineered, and constructed them, and the sugar plantations and water companies that ran them. It explains how traditional Hawaiian water rights and practices were affected by Western ways and how sugar economics transformed Hawaii from an insular, agrarian, and debt-ridden society into one of the most cosmopolitan and prosperous in the Pacific.

Water Rights Laws in the Nineteen Western States

Water Rights Laws in the Nineteen Western States PDF

Author: Wells A. Hutchins

Publisher: The Lawbook Exchange, Ltd.

Published: 2004

Total Pages: 2290

ISBN-13: 1584774142

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Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.

Water and the Law in Hawaii

Water and the Law in Hawaii PDF

Author: Lawrence H. Miike

Publisher: University of Hawaii Press

Published: 2004-03-31

Total Pages: 288

ISBN-13: 9780824828110

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Water and the Law in Hawaii provides an intellectual and legal framework for understanding both the past and future of Hawai‘i’s freshwater resources. It covers not only the känäwai (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 äina (land) and in the wai (water). In placing Hawaii 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 Hawaii 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. Water and the Law in Hawaii is a vital contribution to understanding water law in Hawaii. 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.

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