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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.
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.
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.
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.
Tradition holds that when you come across a body of fresh water in a secluded area and everything is eerily still, the plants are yellowed, and the water covered with a greenish-yellow froth, you have stumbled across the home of a mo‘o. Leave quickly lest the mo‘o make itself known to you! Revered and reviled, reptiles have slithered, glided, crawled, and climbed their way through the human imagination and into prominent places in many cultures and belief systems around the world. Ka Po‘e Mo‘o Akua: Hawaiian Reptilian Water Deities explores the fearsome and fascinating creatures known as mo‘o that embody the life-giving and death-dealing properties of water. Mo‘o are not ocean-dwellers; instead, they live primarily in or near bodies of fresh water. They vary greatly in size, appearing as tall as a mountain or as tiny as a house gecko, and many possess alternate forms. Mo‘o are predominantly female, and the female mo‘o that masquerade as humans are often described as stunningly beautiful. Throughout Hawaiian history, mo‘o akua have held distinctive roles and have filled a variety of functions in overlapping religious, familial, societal, economic, and political sectors. In addition to being a comprehensive treatise on mo‘o akua, this work includes a detailed catalog of 288 individual mo‘o with source citations. Marie Alohalani Brown makes major contributions to the politics and poetics of reconstructing ‘ike kupuna (ancestral knowledge), Hawaiian aesthetics, the nature of tradition, the study and appreciation of mo‘olelo and ka‘ao (hi/stories), genre analysis and metadiscursive practices, and methodologies for conducting research in Hawaiian-language newspapers. An extensive introduction also offers readers context for understanding how these uniquely Hawaiian deities relate to other reptilian entities in Polynesia and around the world.
Rarely a day goes by in Hawai‘i without the media reporting on environmental issues stemming from public debate. Will the proposed housing development block my access to the beach? Is the rising sea level going to cause flooding where I live? How does overfishing damage the reef? Is the water clean where I surf? Living on the Shores of Hawai‘i discusses the paradox of environmental loss under a management system considered by many to be one of the most stringent in the nation. It reviews a wide range of environmental concerns in Hawai‘i with an eye toward resolution by focusing on "place-based" management, a theme consistent with—and borrowing from—the Hawaiian ahupua‘a system. After describing a typical situation in Hawai‘i where a sandy beach is lost because a seawall has been built to protect a poorly sited home, the authors step back in time to trace land-use practices before and after the arrival of Westerners and the increased tempo of destruction following the latter. They go on to discuss volcanoes and the risk of placing homes in locations vulnerable to natural hazards and the potential dangers of earthquakes and tsunamis to a complacent public. Water issues, including scarcity, flooding, and pollution, are surveyed, as well as climate change and the possible outcomes of projected sea rise for Hawai‘i. The authors explain coastal erosion and beach loss and the problems of overfishing and ocean acidification. Later chapters assess residents’ risks to hurricanes, offering mitigation techniques, and provide a summary and some management conclusions. As tensions increase because of conflicting standards, misunderstandings, and contradictory ideals and actions, we put our economy and quality of life at risk. Sound decision-making begins with asking the right questions. This book addresses these questions within the context of sustainability and thus their influence on the future of Hawai‘i.
A Vital Explanation of Water Law and PolicyBecause demand for and access to quality water far exceeds the current supply, it is increasingly critical to understand the state and federal laws and policies that govern water rights. From farming, fishing, and biology to manufacturing, mine operation, and public water supply, water regulation affects a