Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 5, 1 May 1990 — Beneficiary rights to Molokai aquifer draws OHA support [ARTICLE]

Beneficiary rights to Molokai aquifer draws OHA support

By Ann L. Moore A letter supporting efforts by the Department of Hawaiian Home Lands to guarantee beneficiary rights and interests in the Kualapu'u aquifer on Moloka'i has been sent to DHHL over the signature of the OHA trustee from Moloka'i Louis Hao, with all trustees concurring. The letter was approved by a unanimous vote at a late Apnl board meeting. The letter is consistent with past board action supporting DHHL's efforts to guarantee adequate water from the Kualapu'u aquifer for present and future Hawaiian Homesteading on Moloka'i. Concerning the importance of the aquifer, trustees noted that the Kualapu'u aquifer is a major source of future water on Moloka'i and the ability of DHHL to maintain its commitment for homestead development at Ho'olehua and Kalama'ula demand assurances that water will be available from the aquifer. Demands from competing users (Kaluako'i resort and Moloka'i Ranch) will jeopar-

dize this guarantee unless DHHL's future needs are recognized and incorporated into the current planning process. Discussions between DHHL and Maui County officials are in progress now. In a briefing sheet for trustees by the OHA division of Land and Natural Resources it was noted that provisions in the Hawaiian Homes Commission Act and the current state water code assure that DHHL and its beneficiaries are protected by the "Winter's Doctrine." The doctrine contains a nationally recognized pnneiple that federallycreated native trust programs must be assured that the necessary water will be available so trust responsibilities ean be fullfilled. Explicit conditions in the 1920 Hawaiian Homes Act also assert prior rights and uses to water on Moloka'i (for homesteads) and the state constitution affirms the over-riding public interest towards DHHL is required as a covenant in the Admissions Act.