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Show Chapter 12 THE ANCIENT HAWAIIAN WATER RIGHTS ANCIENT CUSTOMS IN THE NEWEST STATE Governmental Changes The Hawaiian Kingdom, which was consolidated and founded by Kame- hameha I, persisted for nearly a century until its overthrow in 1893. Following an intervening provisional government, a republic was established in 1894 and ended with the installation of a Territorial government in 1900 after annexation of the Islands to the United States.1 Hawaii was annexed to the United States in 1898. The treaty between the Republic of Hawaii and the United States, providing for annexation, was concluded June 16, 1897. The resolution of the Senate of Hawaii ratifying the treaty was adopted September 9, 1897, and the Joint Resolution of Congress to provide for annexation was approved July 7, 1898. Transfer of sovereignty was effective August 12, 1898.2 The Hawaiian Organic Act, passed by Congress to provide a government for the Territory of Hawaii, was approved April 30, 1900, and went into effect June 14, 1900.3 Hawaii, which became the newest State, was admitted to the Union August 21, 1959.4 Basis of the Hawaiian System of Water Rights "Our system of water rights," said the Hawaii Supreme Court, "is based upon and is the outgrowth of ancient Hawaiian customs and the methods of Hawaiians in dealing with the subject of water."s ^uykendall, R. S., "The Hawaiian Kingdom, 1778-1854" (1938); Snell, J., "Historic Background," First Progress Report, Territorial Planning Board of Hawaii 4-12 (1939). 2Senate Resolution ratifying treaty of annexation, Haw. Rev. Laws, p. 15 (1955). Joint Resolution of Congress to provide for annexation, 30 Stat. 750; Haw. Rev. Laws, pp. 13-14 (1955). 'Organic Act, Terr. Haw., 31 Stat. 141, ch. 339; Haw. Rev. Stat., pp. 23-76 (1968). 473Stat.c74. The Constitution of the State of Hawaii contains an article entitled "Conservation and Development of Resources" of which two sections read as follows: "Section 1. The legislature shall promote the conservation, development and utilization of agricultural resources, and fish, mineral, forest, water, land, game and other natural resources." "Section 3. All fisheries in the sea waters of the State not included in any fish pond or artificial inclosure shall be free to the public, subject to vested rights and the right of the State to regulate the same." Haw. Const, art. X, § § 1 and 3. s Territory of Hawaii v. Gay, 31 Haw. 376, 395 (1930). The system of surface and ground (172) |
