AWWA SOURCES55757

AWWA SOURCES55757 Landmark Hawaii Supreme Court Decision Creates Water Use Prioritization and Reuse May Become the Key Solution
Conference Proceeding by American Water Works Association, 01/01/2002

Usagawa, Barry

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In August 2000, the Hawaii Supreme Court decision on the fate of the 27 mgd Waiahole Ditch agricultural irrigation system created a water use priority based on the Hawaii Constitution, Common Law and the Public Trust Doctrine. The Supreme Court affirmed the State's public trust responsibility to protect water resources for the people of the State and thus recognized three constitutionally protected public trust uses of water that are superior to private water interests. They also provided guidance on how the State should weigh competing water uses under the public trust doctrine. This paper discloses the findings of the Hawaii Supreme Court decision and the impacts to future water resource planning in Hawaii. Includes 7 references, figures.