Water and the Law in Hawaii / / Lawrence H. Miike.

• Superior document: Title is part of eBook package: De Gruyter UHP eBook Package 2000-2013
• VerfasserIn: Miike, Lawrence H.,
• Place / Publishing House: Honolulu : : University of Hawaii Press, , [2004]; ©2004
• Year of Publication: 2004
• Language: English
• Physical Description: 1 online resource (280 p.)

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.

Table of Contents

Frontmatter -- Contents -- List of Figures and Tables -- Introduction -- 1. Aquifers, Streams, and Things -- 2. Hawaiian Mythology and Social Structure -- 3. Land and Water in the Kingdom of Hawai'i -- 4. Traditional and Customary Rights on Private Property -- 5. Water Law in Hawai'i -- 6. The Waiähole Ditch Controversy -- 7. Water and the Future -- Notes -- Index