Best Water Law Lawyers in Hawaii

About Water Law in Hawaii, United States

Water law in Hawaii is a specialized area of law that governs the allocation, use, and protection of water resources across the state. Due to Hawaii’s unique geography, tropical climate, and a history deeply connected to agriculture, tourism, and native rights, water law in Hawaii differs from that of the mainland United States. The regulation of water is guided by a mix of statutes, constitutional principles, case law, and administrative rules that together balance public interests, environmental protection, and private use. The Hawaii State Constitution declares water resources a public trust, which must be managed for the benefit of the people of Hawaii. This legal context shapes how surface water, groundwater, and ocean resources are allocated and protected statewide.

Why You May Need a Lawyer

Water law issues can be complex and often involve multiple parties, including private landowners, government agencies, developers, and Native Hawaiian communities. You may need legal advice or representation if you are facing situations such as:

• Securing water rights for agricultural, commercial, or residential purposes
• Challenging or appealing water allocation decisions made by the Commission on Water Resource Management
• Addressing disputes over stream diversions, groundwater extraction, or water quality
• Protecting native water rights or traditional customary practices
• Confronting environmental or public trust claims involving water resources
• Navigating permitting requirements for new developments or water systems
• Defending against enforcement actions or regulatory fines

Given the technical and legal intricacies of water law in Hawaii, consulting a lawyer experienced in this field can help protect your interests and ensure compliance with all relevant rules and procedures.

Local Laws Overview

Hawaii’s water law is shaped by several important sources. The State Constitution Article XI, Section 7, recognizes water resources as part of the public trust and entrusts the State with the duty to manage and protect these resources. The Hawaii Water Code, codified in Chapter 174C of the Hawaii Revised Statutes, creates the framework for regulation, including the permitting of water uses and the designation of water management areas. The Commission on Water Resource Management (CWRM) is the primary administrative body overseeing all matters related to fresh water in the state.

Key aspects of local laws include:

• Public Trust Doctrine: Water is managed for the benefit of present and future generations, balancing non-commercial uses, public access, and Native Hawaiian rights
• Permitting System: Most significant uses of water require permits, especially in designated Water Management Areas
• Prioritization: The law prioritizes domestic needs, traditional and customary practices, and environmental protection over other uses
• Stream Protection: There are specific protections and restoration efforts for streams, particularly in relation to diversions and instream flow standards
• Water Quality: Federal and State regulations work together to protect water quality, including the Clean Water Act and Hawaii’s Water Pollution Control laws

Understanding these laws and how authorities interpret them is vital for anyone involved in water use, disputes, or planning in Hawaii.

Frequently Asked Questions

What is the public trust doctrine and how does it affect water use in Hawaii?

The public trust doctrine is a legal principle that requires the State to manage water resources for the benefit of all people, prioritizing essential uses such as drinking water, traditional Hawaiian practices, and environmental protection over private or commercial interests.

Who manages water rights and use in Hawaii?

The Commission on Water Resource Management (CWRM), a part of the Department of Land and Natural Resources, is responsible for permitting, monitoring, and enforcement of the State’s water laws and policies.

Do I need a permit to use water from a stream or well on my property?

A permit is generally required for significant water use, especially if your property is in a designated Water Management Area or your usage could impact others or the environment.

Can water rights be bought or sold in Hawaii?

Unlike in some mainland states, water rights in Hawaii are not privately owned and cannot be outright bought or sold. Usage rights are permitted by the State and subject to regulation.

How are conflicts between users resolved?

Conflicts are typically addressed by the Commission on Water Resource Management, which considers constitutional, statutory, and customary use priorities and may hold hearings or investigations.

What special rights do Native Hawaiians have regarding water?

Native Hawaiians have protected rights to reasonable access and use of water for traditional and customary practices, including kalo (taro) cultivation and religious ceremonies.

Are there penalties for illegal water use?

Yes, unauthorized diversion, over-extraction, or pollution of water resources can result in fines, administrative orders, and even criminal penalties.

What should I do if my water supply is affected by a neighboring user’s actions?

You can file a complaint or petition with the Commission on Water Resource Management, which will investigate and may take enforcement or remedial action if a violation is found.

How does water law protect the environment?

Hawaii’s water laws aim to safeguard streams, aquifers, and ecosystems by regulating use, restoring stream flow, preventing pollution, and ensuring habitat for native species.

How can I find out if water on my property is subject to regulation?

Contact the Commission on Water Resource Management or consult with an attorney specializing in Hawaii water law to determine if your property falls within a regulated area or if permits are required for your planned use.

Additional Resources

For more information, the following resources and organizations can be helpful:

• Commission on Water Resource Management (CWRM), Hawaii Department of Land and Natural Resources
• Office of Hawaiian Affairs (OHA), for guidance on Native Hawaiian water rights
• County Departments of Water Supply, for municipal water issues
• Hawaii State Bar Association, to locate attorneys specializing in water law
• Hawaii Environmental Council, for environmental regulations and public input opportunities
• Legal Aid Society of Hawaii, for those who may qualify for free or reduced-cost legal services
• University of Hawaii, William S Richardson School of Law, Ka Huli Ao Center for Excellence in Native Hawaiian Law

Next Steps

If you need legal help with a water law issue in Hawaii, consider taking these steps:

• Gather all relevant documents, permits, and correspondence related to your situation
• Make a detailed timeline of events, including any communications with state agencies or other parties
• Contact the Commission on Water Resource Management for guidance about permits, complaints, or investigations
• Consult with a legal professional who has experience in Hawaii water law to review your specific circumstances and advise you on your options
• Explore alternative dispute resolution methods, such as mediation, if appropriate
• If rights or traditional practices are involved, consider consulting with relevant cultural or community organizations in addition to seeking legal advice

Acting early and consulting with knowledgeable professionals can help you navigate the complexities of Hawaii water law and protect your interests.