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18 U. Haw. L. Rev. 71 (1996)
Cultures in Conflict of Hawai'i: The Law and Politics of Native Hawaiian Water Rights

handle is hein.journals/uhawlr18 and id is 85 raw text is: Cultures In Conflict In Hawai'i: The Law and Politics of Native Hawaiian Water Rights Elizabeth Ann Ho'oipo KRla'ena'auao Pa Martin, David Lynn Martin, David Campbell Penn, and Joyce E. McCarty* I. A CRITICAL JUNCTURE IN HAWAIIAN WATER RIGHTS ........ 72 II. HISTORICAL BACKGROUND .......................................... 83 A. Traditional and Customary Beliefs, Values and Practices ... 83 B. Colonization ...................................................... 90 C. Development of Common Law .................................. 97 Co-authors are respectively Executive Director, Water Claims Management Director, Hydrotechnical Advisor, and pro bono Counsel of the Native Hawaiian Advisory Council (NHAC). They represent Native Hawaiian individuals, com- munities and the Office of Hawaiian Affairs in certain matters before the Water Commission. NHAC is a nonprofit corporation established in May 1988. Its primary mission is to educate and advocate in the area of Native Hawaiian water rights. NHAC is currently working to meet the objectives of the Native Hawaiian Water Resources Control Project, a project funded by the U.S. Department of Health and Human Services' Administration for Native Americans. This article is a combined effort by the authors, NHAC staff, and its advisors, especially Toni Bissen and Jean- Guy Lachance. We thank Professors of Law Eric Yamamoto, Casey Jarman, Robert Williams, Jr., James Anaya, the esteemed Walter M. Heen, retired judge of the Intermediate Court of Appeals, and colleagues Yuklin Aluli, Alan Murakami, Carl Christensen, William Meheula and Kiinani Nihipali for their insightful contributions, comments and support, and Jen-L Wong, Joyce Brown, Rowena Eberhardt, Brian Kang, Katherine Latham, Rhoda Kealoha-Spencer, Alofa Jones, Moses Haia, Kalani Haia, and Debbie Ihilani Gabriel for their assistance. This article describes develop- ments as of October 1995.

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