Sugar Water: Hawaii's Plantation Ditches

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University of Hawaii Press, 2004 - Law - 264 pages
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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 kanawai (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 aina (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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Contents

Aquifers Streams and Things
1
Hawaiian Mythology and Social Structure
19
Land and Water in the Kingdom of Hawaii
40
Traditional and Customary Rights on Private Property
58
Water Law in Hawaii
74
The Waiahole Ditch Controversy
137
Water and the Future
205
Notes
239
Index
261
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