Haku Mo‘olelo
By EDWIN TANJI, For The Maui News
POSTED: August 28, 2009
There may be plenty of water on Maui.
There is not enough cheap water – not when an extended period of abnormal rainfall places much of the island in drought and not when Hawaii law and court decisions require reallocation of access to the cheap water.
That’s not how state water commission hearings officer Dr. Lawrence Miike put it in his proposed findings and recommendations on setting stream flow standards for Na Wai Eha, the four major streams at Waihee, Waiehu, Wailuku and Waikapu (hawaii.gov/dlnr/cwrm/currentissues/cchma0601/CCHMA0601-01.pdf).
But his analysis, including a synopsis on the evolution of Hawaii law on water rights, helps to explain the issue. His history doesn’t go into detail but that was not its purpose.
The Miike findings note that sugar planters in the mid-1800s were granted rights to divert water from streams by the Hawaiian monarchy, but say nothing about whether the monarchy tempered effects on downstream users.
In the post-overthrow era, Miike notes the territorial Supreme Court turned out rulings that treated water as property of landowners. But after World War II, the legal standing of water was modified by other court decisions until the 1978 Hawaii Constitutional Convention added a section that established water as a public trust.
The constitutional amendment led to a State Water Code – Hawaii Revised Statutes 174C - and sets up the Commission on Water Resource Management to create and enforce standards on use of the islands’ water resources.
