Blog

In `olelo Hawai`i, the mother tongue of these islands, “wai” is water, “waiwai” means values or wealth, and “kanawai” is the law. It is no coincidences that, in an island community like ours, both wealth and the law were, and continue to be, defined by fresh water….
-From Ola I Ka Wai: Legal Primer for Water use and Land Management in Hawai`i

Beautiful Hawai`i nei and its constant struggle for land and power is all tied to water. Whether it be connected to Hydropower project sponsors, GMO companies, Hawaiian kalo farmers with lo`i on Kuleana Lands, native Hawaiian Home Lands beneficiaries, and state agencies like the Hawai`i Department of Agriculture and Hawai`i Department of Land and Natural Resources(DLNR) a battle for control of water is at the center of it all. Attempting to claim ownership and establish their rights will determine the fate and agriculture destiny of Hawai`i.

Article 11, Sec 1 of the Hawai`i Constitution, preserves that “all public natural resources are held in trust by the State for the benefit of the people.” Kuleana, appurtenant and traditional native Hawaiian customary rights, as well as riparian rights are specifically protected under the public trust doctrine. Public trust uses have precedence over private commercial uses, which do not enjoy the same protection. Cultivating kalo and gathering various natural resources for subsistence, cultural, and religious purposes is protected under the Water Code which gives priority protection to “appurtenant rights” and traditional customary rights.

Sustainable Agriculture and Food Sovereignty can be restored if we keep our best agricultural lands zoned for agriculture and continue to develop water infrastructure. Here in Hawai`i we have incredible potential to grow and create our own local food economy to feed our families and communities. We can practice sustainable farming systems that have been practiced here in Hawai`i for centuries. Every time we make a conscious decision to buy food from a local farmer who respects the land, we are voting for a safer, economically vibrant and more delicious food structure and sustainable way of life in Hawai`i.