Thursday, October 31, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, August 15, 2012
Na Wai Eha: Supreme Court Rules Against Water Commission
By Robert Thomas @ 9:22 PM :: 10864 Views :: Kauai County, DHHL, Energy, Environment

HAWSCT's Latest Water Law Decision: Water Commission Gets It Wrong (Yet Again)

by Robert Thomas, InverseCondemnation.com

When a Hawaii Supreme Court opinion starts off like this one, waxing poetic about "Na Wai Eha, or 'the four great waters of Maui,'" you don't need to read the remaining 88 pages to know what the ineviatable result will be: the Water Commission got it wrong, again.

That's the end result of the unanimous opinion in In re Iao Ground Water Management Area, No. SCAP 30603 (Aug. 15, 2012). Here's the court's own summary of its latest pronouncement on water law, including "interim instream flow standards," customary and traditional Native Hawaiian practices, and more:

As explained below, the court holds that it has jurisdiction in the instant case, and takes this opportunity to expand upon the jurisdictional analysis from In re Water Use Permit ApplicationsWaiâhole I”, 94 Hawai'i 97, 9 P.3d 409, (2000). In reviewing Hui/MTF’s and OHA’s points of error, the court concludes that the Commission on Water Resource Management erred in several respects. First, in considering the effect of the IIFS on native Hawaiian practices in Nâ Wai 'Ehâ, the Commission failed to enter findings of fact and conclusions of law regarding the effect of the amended IIFS on traditional and customary native Hawaiian practices in Nâ Wai #Ehâ, and regarding the feasibility of protecting any affected practices. Second, the Commission’s analysis of instream uses was incomplete, as it focused on amphidromous species and did not fully consider other instream uses to which witnesses testified during the hearings. Third, the Commission erred in its consideration of alternative water sources and in its calculation of diverting parties’ acreage and reasonable system losses. The court must vacate the Commission’s June 10, 2010 Findings of Fact, Conclusions of Law, Decision and Order, and remand the case for further proceedings.

Slip op. at 3-4.

Although we haven't had time to digest the short-for-a-water-law opinion, but we can't say we were surprised because the oral arguments earlier this year foreshadowed this result. Besides, has the Hawaii Supreme Court ever held that a lower court or an agency got it right on water law? Here are the briefs of the parties in the case, in the event you want to see the arguments.

We're going to read the opinion, and then bring you a report.

In re Iao Ground Water Management Area, No. SCAP-30603 (Aug. 15, 2012)

 

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii