Water and the Law in Hawai'i

Name: Water and the Law in Hawai'i
Availability: OutOfStock
ISBN: 9780824828110

ISBN-10: 0824828119

ISBN-13: 9780824828110

Edition: 2004

Authors: Lawrence H. Miike

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