Restoring Rivers and Streams in the Hawaiian Islands

Rivers and streams in the Hawaiian Islands are a public trust, and should not be drained dry for private profit and land development.

Case Overview

As the sugar plantation era phased out in Hawaiʻi, the water it had appropriated for a century should have been returned to taro fields and native habitat.

But the plantation companies turned to land development and kept taking the precious water.

A continued series of cases, several of which have gone all the way to the state supreme court, has reaffirmed the legal principle of water as a public trust and methodically succeeded in restoring flows to traditional uses.

“In the end, I believe [the Nā Wai ʻEhā] case will stand as a testament to the staying power of grassroots communities committed to justice and the ability of Earthjustice to champion their cause for the duration.

“We will not rest until justice—and The Four Great Waters of Maui—’roll down like waters, and righteousness like a mighty stream.'” – Isaac Moriwake, Attorney

Upper diversion on Waiheʻe River, with the entire flow of the river being diverted, in August 2010.
Upper diversion on Waiheʻe River, with the entire flow of the river being diverted, in August 2010. ()

Case Updates

The newly restored flows to `Īao Stream (traditionally known as Wailuku River).
June 24, 2024 Press Release: Victory

Hawai‘i’s High Court Issues Another Historic Ruling in Maui “Four Waters” Case

State Water Commission failed to restore stream flows after closure of last sugar plantation

June 20, 2024 document

Hawaiʻi Supreme Court Maui Na Wai Eha Stream Opinion

We therefore vacate the Commission’s Findings of Fact, Conclusions of Law, and Decision and Order issued June 28, 2021, as amended by Errata issued June 30, 2021, with respect to the IIFS and the delegation of the Commission’s public trust duties. Other than for the reasons given in this opinion for vacatur or remand, we affirm. We remand for further proceedings consistent with this opinion.

August 17, 2023 In the News: The Guardian

Why was there no water to fight the fire in Maui?

An opinion piece by Naomi Klein and Kapuaʻala Sproat. Naomi Klein is the professor of climate justice and co-director of the Centre for Climate Justice at the University of British Columbia. Kapuaʻala Sproat is a Professor of Law at Ka Huli Ao Native Hawaiian Law Center & the Environmental Law Program. She also co-directs the Native Hawaiian Rights Clinic at the University of Hawaii at Mānoa’s William S Richardson School of Law and serves as Counsel for Earthjustice’s Mid-Pacific Office.