Water and the Law in Hawai'i

ISBN-10: 0824828119
ISBN-13: 9780824828110
Edition: 2004
List price: $47.00
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Book details

List price: $47.00
Copyright year: 2004
Publisher: University of Hawaii Press
Binding: Hardcover
Pages: 320
Size: 6.25" wide x 9.00" long x 1.00" tall
Weight: 1.298
Language: English

List of Figures
List of Tables
Introduction
Aquifers, Streams, and Things
Surface and Groundwater Resources in Hawai'i
Groundwater
Streams
Stream Ecology
Summary and Conclusions
Hawaiian Mythology and Social Structure
Mythological Origins of the Hawaiians
Hawaiian Social Structure
The Kapu System
The Ali'i Class
Conclusion
Land and Water in the Kingdom of Hawai'i
Land Divisions
Water
The Great Mahele
Summary and Conclusions
Traditional and Customary Rights on Private Property
Statutory Limitations on Ancient Customs and Uses
The Revival of Traditional and Customary Rights
Summary and Conclusions
Water Law in Hawai'i
Water: From Private Property to Public Resource
Summary of Water Rights under the Common Law
Riparian Rights
Appurtenant Rights
Correlative Rights
The State Water Code
Statutes Preceding the 1987 State Water Code
Water Rights under the Common Law versus the State Water Code
Common-Law Water Rights under the State Water Code
Principal Provisions of the State Water Code
Regulating Water Uses under the State Water Code
The Public Trust Doctrine
Summary and Conclusions
The Waiahole Ditch Controversy
The Waiahole Ditch
Effect of the Ditch on Windward Streams
Impact on Stream Flows
Impact on Stream and Stream-Related Ecology
The Commission's Contested Case Hearing
The Hawai'i Supreme Court's Decision
The Commission's Rehearing and Decision
Summary and Conclusions
Water and the Future
Summary of Hawai'i's Water Laws
Illustrative Applications of Hawai'i's Water Laws
Groundwater
Surface Water
Conclusions
Notes
Index

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