WRRCTR No.120 The Enforcement of Consistency in Hawaiian Water Rights: An Introduction to Robinson v. Ariyoshi

Abstract

One of the most critical questions regarding the future of water regulation in Hawai'i is the validity of the Hawaii Supreme Court's decision in the landmark case of McBryde Sugar Co. v. Robinson. In that case, the state supreme court overturned the assumption that surface waters in Hawai'i could be privately owned. To the parties involved in the litigation, the decision came as a surprise and upset the basis for their claims to waters of the stream. As a result, the parties sought to have the results of the state supreme court decision nullified in federal court. Their efforts were successful, and in October 1977, the federal district court voided the state supreme court decision. This article challenges the validity of the federal court's decision. The question presented before the federal court was a novel and unique one. The article discusses three models for resolving the problem and discusses an important distinction between the function of courts in declaring law and enforcing their judgments.