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

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Item Summary

Title: WRRCTR No.120 The Enforcement of Consistency in Hawaiian Water Rights: An Introduction to Robinson v. Ariyoshi
Authors: Chang, Williamson B.C.
Keywords: water law
water rights
Federal jurisdiction
State jurisdiction
legal aspects
show 5 morejudicial decisions
litigation
Hawaii
McBryde v. Robinson
Robinson v. Ariyoshi

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LC Subject Headings: Water rights -- Hawaii.
Water -- Law and legislation -- Hawaii.
Issue Date: Jun 1978
Publisher: Water Resources Research Center, University of Hawaii at Manoa
Citation: Chang WBC. 1978. The enforcement of consistency in Hawaiian water rights: an introduction to Robinson v. Ariyoshi. Honolulu (HI): Water Resources Research Center, University of Hawaii at Manoa. WRRC technical report, 120.
Series/Report no.: WRRC Technical Report
120
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.
Sponsor: Office of Water Research and Technology, U.S. Dept. of the Interior Grant/Contract No. A-074-HI
Pages/Duration: vii + 24 pages
URI/DOI: http://hdl.handle.net/10125/2003
Appears in Collections:WRRC Technical Reports



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