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).
December 10, 2024 From the Experts: Victory

Hawaiʻi High Court Sides with Native Community Groups in Water Dispute

The decision bolsters Hawaiʻi’s public trust framework, a legal doctrine establishing that natural resources must be protected for public use

Earthjustice attorney Isaac Moriwake speaks at the Navahine + Hawai’i Department of Transportation youth climate settlement celebration at ‘Iolani Palace on June 24th, 2024.
October 30, 2024 Article

5 Questions: Attorney Isaac Moriwake Reflects on Landmark Hawai‘i Cases

Isaac Moriwake, longtime environmental attorney at Earthjustice, reflects on recent cases that now have potential to improve on the status quo.

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