Recent Court Rulings May Complicate State’s Ability to Grant A&B a Holdover

posted in: August 2016 | 1

“House Bill 2501 invites litigation.”

That succinct reply was all Native Hawaiian Legal Corporation (NHLC) attorney David Kimo Frankel provided Environment Hawai`i when asked back in May whether a holdover of water rights granted in accordance with the bill could be challenged, given the requirement that it must comply with the public trust doctrine.

Determining whether or not a water diversion is in accordance with the public trust doctrine is something that can take more than a decade to ultimately resolve, as Frankel’s client, Na Moku Aupuni o Ko`olau Hui, is well aware. In 2001, Na Moku . . .

Please sign in to access password-protected articles.

If you do not subscribe and would like to, if you would like to renew your subscription, or if you want to purchase a 2-day pass, please click here.

If you are a current subscriber, but do not yet have an account, please contact us and we will set one up for you.