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|Title:||WRRCTR No.165 Reppun V. Board of Water Supply: Property Rights, Economic Efficiency and Ensuring Minimum Streamflow Standards|
|Authors:||Chang, Williamson B.C.|
Moncur, James E.T.
public trust doctrine
show 8 moreriparian rights
Reppun v. Board of Water Supply
McBryde v. Robinson
public use doctrine
|LC Subject Headings:||Taro -- Hawaii -- Oahu.|
Water -- Law and legislation -- Hawaii.
Water rights -- Hawaii.
|Publisher:||Water Resources Research Center, University of Hawaii at Manoa|
|Citation:||Chang WBC, Moncur JET. 1984. Reppun v. Board of Water Supply: property rights, economic efficiency and ensuring minimum streamflow standards. Honolulu (HI): Water Resources Research Center, University of Hawaii at Manoa. WRRC technical report, 165.|
|Series/Report no.:||WRRC Technical Report|
|Abstract:||Two recent decisions of the Hawaii Supreme Court have substantially
modified the ground rules governing water rights in the state. The principal
economic result of these decisions is the limitations they impose, if they
survive appeals, on rights of individual water users to exchange water
rights. This report inquires into the values the Court appears to have had
in mind in imposing such restrictions. From a legal standpoint, the paper
argues that the Court's decision in Reppun v. Board of Water Supply sought
not so much to protect the taro farmers from loss of water as to protect
in-stream water uses such as fishing and aesthetics. A brief summary of the
economics of growing taro in Waihee Valley suggests that the water in
question has much higher-valued uses than traditional taro cultivation, and
notes a broad framework of principles that would allow efficient allocation
of water between users, uses and places of use, covering traditional as well as in-stream uses.
|Description:||U.S. Department of the Interior Grant/Contract No. 371304 (CT371300)|
|Pages/Duration:||ix + 45 pages|
|Appears in Collections:||WRRC Technical Reports|
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