Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 7, 1 July 1989 — Wal ka ola: water is life [ARTICLE+ILLUSTRATION]

Wal ka ola: water is life

By Moanikeala Akaka Trustee, Hawai'i

Wai ka ola, water is life. No water, no life. About 10,000 people statewide had registered their claims and native rights for water use by the end of May, thanks to the efforts of: Dr. Williamson Chang, professor of water rights at the University of Hawai'i law school; the

Native Hawaiian Advisory Council (whieh Chang heads); and the Aha Hui of Hawai'i, a group of law students. Everyone was pleasantly surprised at the flood of water use declarations that poured into the Department of Land and Natural Resources. Chang, the Advisory Council and law students ought to be applauded. They were concemed and saw to it that small users' water rights should be protected, lest the sugar companies and large corporations, with lawyers to register their claims, be the real beneficiaries of this water Mahele. In the 1840s the Mahele turned our 'aina into a commodity, privateproperty. This was considered the big land rip-off. Shortly thereafter foreigners could and did own Hawaiian land. There was fear that this water use registration could be our "Water Mahele," only this time it would be our great water theft. Though the state water code eame into effect last year, the state admitted they did little to alert the public to the deadline for filing water use declarations.. Dr. Chang and his associates, with the help of OHA, held statewide workshops to educate people about the new water code, and to help them register and even measure their water use if necessary. Water Rights Week was proclaimed through May 17 and law students traveled statewide at their own expense, these lawyers and law students (with the help of some donations), volunteered their time to travel statewide alerting our people to the importance of registering for their water use. A toll-free 800 phone number was set up to answer questions. Chang and Hawaiian attorney Elizabeth Pa Martin also eame before the OHA Board of Trustees whieh is supportive of their endeavors. With the kokua of OHA's Big lsland staff, I helped to set up four highly informative workshops in Hilo, Naalehu, Ka'u, Waimeaand in Kona. Artist Tomas Belsky designed striking posters to publicize these meetings. Gatherings were also held on Kaua'i, Maui, Moloka'i and O'ahu. During these sessions Dr. Chang (who is also an attorney) pointed out that the State Water Code could be interpreted to refer to not only current users of streams and wells, but also proposed uses as well. We Hawaiians are again being forced to shift gears. For hundreds of years before there was the United States of Amenea we have used water — used it wisely and efficiently — now we are made to register foi current and even possible future uses. We are wiser today than we were in the 1840s and all must know that we ean and will support our people with legitimate claims to water usage. I encouraged OHA's Board of Trustees to elaim on behalf of you, our people, the right to gather opae, hihiwai , and o'opu in every stream throughout these islands as part of our native gathering rights. We OHA trustees elaim this right for you gatherers who may not have had the opportunity to register yourself. Our water right also extends to the oeean and the right of fisherman to catch healthy, safe pollution-free fish. After discussion with Dr. Chang, I filed (just a few minutes before the deadline) for the right of fisherrhan to catch safe, pollution-free fish.

The tiny article of a few lines in the Hawaii Tribune Herald of May 14 entitled "The Department of Health says Fish Eaters, Beware," should be a eoneem to all of us. As island people fish is a vital part of our diet and daily lives. The death of two dolphins from the Waikoloa Hyatt Hotel has been attributed to ciguatera picked up from mullet they ate. There has been a rash of ciguatera cases in our island populaee of late; and the Department of Health warns us not to eat fish caught in West Hawaii. Is it possible that fish are getting ciguatera because of developments along the coastline? A Hawaiian friend told me that the lime used in building the hotels along the coastline is hosed toward makai side. Could it be that lime and other pollutants from the construction sites and ehemicals from golf courses ho'opilau the sea, contaminate the fish, killed those dolphins, and could possibly kill us? This lime ends up polluting the water and gets into the fish and creates the toxin called ciguatera. The DOH warns us that humans, too, ean die from this toxic disease. Over 73 rare anehialine ponds (home of the endangered species opae-ula) were destroyed by the developers of the Hyatt Hotel at Waikoloa. In my opinion as trustee of OH A there is a strong link between the destruction of this ecosystem and the death of the dolphins. These exceptional anehialine ponds have been replaced by man-made lagoons. Bad enough air pollution and destruction of forests is contributing to drought, green-house effect, and destruction of our planet's ozone layer. But now these resort developments, that we loeal people cannot afford to frequent, are polIuting our oeean and making it so we are warned not to eat our own fish! People should be outraged! Greed, destruction, and carelessness are hurting all of us. Our beloved brother, the late and sorely missed Wayne Westlake onee told me that Hawaii's motto for our generation should be "we need less greed." It's something to consider, isn't it? Stand up for our land and oeean before it's too late! The front page of West Hawaii Today on June 7 carried an article entitled, "Marine Concerns Need Higher Priority, says Biologists."Several Nahonal Manne Fisheries biologists related that endangered green turtles and humpback whales "are caught between a rock and a hard plaee . . . Encroaching are the land developers

that are destroying the creatures' dwindling habitat." Biologist Gene Nitta pointed out that marine resources need to be considered before development begins. He spoke of how the endangered species are having their habitat slowly destroyed and no one is sure of the long term effects. Nitta stressed that eaeh development project is studied separately, rather than looking 'at what all projects in an area will do to the loeal marine life and ecosystem. A more wholistic Aloha Aina approach is imperative! As island people the oeean is like our refrigerator; we've got to protect our oeean and our sea life. The biologists main eoneem is the loss of habitat for endangered marine Iife. "Onee we lose the habitat we lose the species," according to Nitta. He also stated endangered species such as the green turtles are virtually ignored when developers design projects. These experts also voiced eoneem for the potential impact of development at favorite Pine Trees, whieh is named Kohanaiki located a few miles from Kailua, Kona. First, E Kala mai i'au for a statement I made in my last eolumn of June issue of Ka Wai Ola O OHA about the Bishop Estate. I had been told by several Kona residents that the Bishop Estate owned Pine Trees. This is not true; the Bishop Estate does not own Kohanaiki. However, regardless of who owns Kohanaiki it should not be developed. The owners, a loeal hui convinced the County Council to change the zoning of this area from conservation to resort last fall. As soon as they received their zone-change the hui sold this aina at a more than $30 million profit to Japanese Nansay Corporation. At the Wednesday, June 7th County Council meeting, Councilman Takashi Domingo showed his displeasure at the sale and high profits at the expense of the community after the rezoning passed. BioIogists were also concērned because Kohanaiki is a resting plaee for humpback whales and their calves. I am happy to convey that at this time county eouneil meeting the proposed Manna that was to be a part of this project was voted down by the County Council. However, there is a feeling there should be no resort at all at Pine Trees and that it should be left alone as a park for the community to ēnjoy. Stand up all you people! Stand up for our aina and oeean. Don't wait until it's gone before you stand up! Ua mau ke ea o ka 'aina i ka pono.