“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 . . .
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