Since its inception in May 1988, NHAC has concentrated primarily on water rights. Ensuring availability of abundant, clean water presents some of the most critical issues confronting Native Hawaiians. Hawaiians have been in the unacceptable position of having to depend primarily on unresponsive state agencies with potentially conflicting interests to interpret Hawai'i's new Water Code language and application.
Representing Hawaiians to Enforce Water Rights: NHAC represents the Office of Hawaiian Affairs (OHA) in the Waiahole Ditch Combined Contested Case Hearing. Judge Walter Heen (retired) has taken the lead. OHA's objective in this case is to restore stream flow to windward streams after diversion for monocrop (sugar and pineapple) agriculture on the leeward side. OHA asserts that "aboriginal rights must be acknowledged and protected, [and that] abundant clean water is necessary to support land use...traditional agriculture use and fish and other marine life." OHA has also filed a request for a reservation of water to protect traditional and customary practices, such as agriculture, gathering, and other spiritual, religious, and subsistence practices for a Hawaiian land base to support the establishment of a sovereign Hawaiian nation.
Encouraging Water Commission to Use More Accurate Sustainable Yield Figures: NHAC recently achieved a significant level of success in causing the Water Commission to reconsider its approach to allocation of water in the Pearl Harbor aquifer, particularly through testimony at a public hearing on water use and well construction permit applications of the Ewa Plain Water Development Corp. Initially the Commission staff recommended approval of one new well to draw over 1.2 million gallons of water per day. Commission staff conceded the absence of critical information concerning the aquifer's sustainable yield, such as the effect of cessation of plantation irrigation, which had not been factored into their recommendation. We continue to oppose this and other water use permit applications for groundwater from the Pearl Harbor aquifer until more information is known about a safe "sustainable yield".
Restoring Taro Lo`i: The objective of NHAC's Mala'ai o Pa'ala'akai o Waialua Project is the restoration of 4.5 acres of lo'i as a model of efficient water management in modern taro growing. NHAC, in cooperation with Native Planters, a Hawaiian nonprofit corporation, has secured a two year federal grant through the Administration for Native Americans to conduct further lo'i restoration and to develop a cultural learning center.
Publishing Newsletter: NHAC publishes a quarterly newsletter, KE KIA'I, on Native Hawaiian water rights. The most recent issue, Winter 1997, can be found on this Homepage. (click here to see it)
Working on State Environmental Health Matters: NHAC's Executive Director serves on the Dept. of Health Goals Communications (GoComm) Team. One function of the GoComm Team has been to set appropriate environmental health goals. Due to the diversity of viewpoints among the members, controversies have arisen relating to the jurisdiction of the Department of Health over the quality of inland waters. Representatives of developers' interests believe that water quality goals should not include any restrictions related to the quantity of water in streams, on the basis that water quantity is the sole kuleana of the Water Commission and is therefore outside the jurisdiction of the Department of Health. NHAC has argued that water quantity is a water quality issue as pollution can be caused by insufficient instream flows, and "consideration of stream flow is within the jurisdiction of the Department of Health under the Clean Water Act", citing a U. S. Supreme Court decision which held that "in many cases, water quantity is closely related to water quality" and that any distinction between the regulation of the two is "artificial".
Working with the State Coastal Zone and Ocean Resource Management Process: A non-governmental gubernatiorial appointee to the Marine and Coastal Zone Management Advisory Group, the NHAC's Executive Director joined in a letter to Governor Cayetano supporting the Coastal Zone Management (CZM) Program as an essential element of effective resource management that balances economic and environmental interests. The letter voiced concern regarding the level of financial support by the State government. The program is federally funded but requires matching funds from the State. Recent cut-backs in State monetary support may cause the program to lose its Federal certification.
Launching Public Awareness Campaign: NHAC created and coordinated "Native Hawaiian Water Rights Awareness Week" in 1989 to provide information and free legal assistance to more than 1800 Native Hawaiians and Hawai'i residents with respect to the procedures for filing water use declarations under the newly enacted Water Code.
Pursuing Enforcement Before the Water Commission: Through its Native Hawaiian Water Resources Control Project, NHAC has, since 1989, advocated for Hawaiian rights before the Water Commission, the Review Commission on the State Water Code, and other state and county boards and commissions. Participation in and videotaping of Water Commission meetings has encouraged a more open process, more complete information, and has increased the Commission's awareness of obligations to respect, protect and enforce Hawaiian rights.. "NHAC keeps the Water Commission honest," said Dr. John Lewin, former water commissioner.
Filing Citizen's Complaint For Farmers Needing Water for Taro: NHAC assisted the West Maui-Moloka'i Taro Farmers Association and the Honokohau Valley Association with their citizens complaint to the Water Commission that there is insufficient water in Honokohau Stream to support taro cultivation and other traditional practices. Although the Water Commission then requested the diverter, Maui Land and Pine (MLP), to restore 1 million gallons a day of water to the stream, MLP has refused to restore the water. Efforts are continuing to resolve this matter.
Increasing Awareness of Hawaiian Sovereignty and Self Determination: In 1991, NHAC provided substantial technical assistance to the Hui Na'auao, a broad and diverse coalition of over fifty Hawaiian organizations working to increase awareness of Hawaiian Sovereignty and self determination, which led to the Hui securing a million dollar grant from the Administration or Native Americans for a three-year broad-based community education project. NHAC's executive director served as the Hui's first president and led the project which attempted to reach at least 50% of the Hawaiian populace. The Hui was the primary coordinator of the award winning street drama of the events that occured at the time of the overthrow held during the 1993 Onipa`a Centennial in order to increase awareness of the illegal overthrow of the Hawaiian nation. NHAC's executive director co-edited the book "Onipa`a", a photo documentary of the centennial evensts.
Encouraging Inclusion of Native Hawaiian Rights in Hawai`i Water Plan: NHAC raised the Water Commissioners' awareness of Hawaiian rights through written comments and testimony at statewide hearings on the Hawai'i Water Plan. This was a major cause of the Commission's decision to defer approval of a plan that did not include provisions for implementation of Hawaiian rights.
Increasing Awareness of Native Hawaiian Water Rights: NHAC sponsored the 1993 Hawaiian Water Law Symposium which resulted in three significant and broadly circulated resolutions regarding Hawaiian water resources:
These resolutions were provided to the legislature and were adopted by several Hawaiian organizations. These resolutions have also been used by individual Hawaiians and Hawaiian groups and communities in their efforts to assert their rights before state and local planning and land use commissions. For example, one group on the Big Island is attempting to implement practices consistent with the resolution regarding the ahupua'a management concept.
Pursuing Water Reservations for Hawaiian Home Lands: NHAC successfully encouraged the Department of Hawaiian Home Lands (DHHL) to file its first request for a reservation of water for Hawaiian Home Lands. Two of the three Hawaiian water law symposium resolutions were presented to DHHL to persuade them to reserve water for future Hawaiian Home Lands development. Within 60 days thereafter, DHHL placed the Water Commission on notice of its intent to reserve water in the Pearl Harbor aquifer on Oahu and the Kualapu'u aquifer on Moloka`i. By June of 1993, the Water Commission reserved 1.409 millions of gallons of water per day from the Waipahu-Waiawa systems within the Pearl Harbor water management area to DHHL.
Encouraging Just Settlement of Breaches of the Hawaiian Home Lands Commission Act: NHAC served as co-counsel in Ka'ai`ai v. Drake, a 1993 case involving State breaches of the Hawaiian Homelands trusts. In settlement of the case the State was, among other things, required to hire an independent representative for Hawaiian Home Land beneficiaries to resolve certain claims. In 1994 the Hawaiian Homes Commission approved a memorandum of understanding in which the State agreed to settle all remaining Hawaiian home lands title claims for $600 million, paid over twenty years in $30 million installments.
Bringing Attention to the Illegal Overthrow by the United States: NHAC Executive Director (also Hui Na`auao president) served on the Onipa`a Steering Committee, which coordinated activities marking the January, 1993 centennial of the illegal overthrow of the Hawaiian sovereign nation by the United States attended by almost 20,000 individuals. She also served as Chairman of the book committee and editor of the 1994 publication "Onipa'a" documenting centennial activities.
Encouraging Hawaiians Rights as a Priority in Water Code: NHAC participated in the 1993 Review Commission on the State Water Code process and facilitated informed community participation. The Review Commission has recommended Hawaiian rights be given priority in planning and implementation decisions. Because of the high level of community participation and our recommendations, the Review Commission recommended Water Code amendments that are now being forcefully resisted by large land owners and developers, the primary violators of Native Hawaiian water rights.
Published Law Review on Water Rights: An article entitled, "Cultures in Conflict in Hawai`i: The Law and Politics of Native Hawaiian Water Rights" was published in the University of Hawai`i Law Review Winter/Spring 1996 edition. The article examines the State of Hawai`i's existing water management policies and practices and the extent to which Hawaiians are either empowered or impeded in exercising control over Hawai`i's water resources.
NHAC provided training and technical assistance to organizations, including Native Planters, Hui Na'auao, Ka Lahui Hawai'i, Anahola Homestead Land Farmers, Ke Kua`aina Haunauna Hou, Hui Ho`okipa, Native Hawaiian Bar Association and East Maui and West Maui-Moloka`i taro farmers, seeking funds from the Administration for Native Americans for governance, social and economic development projects.
Linking Arms: NHAC supports and actively participates in the work of many Hawaiian organizations, including the following: Native Planters, Hui Na`auao, Onipa`a Centennial Committee and the Native Hawaiian Bar Association. NHAC also participates with other organizations in matters related to Hawaiian water rights such as Native Hawaiian Water Rights Task Force, Appurtenant Rights Advisory Group, People's Water Conference, Protect Our Water, and the Stream Protection and Management Task Force.
Advocacy at International Level: While serving as Hui Na`auao president, NHAC's Executive Director participated in the Eleventh Session of the U.N. Working Group on Indigenous Populations in Geneva, Switzerland in 1993, and in drafting the Declaration on the Rights of Indigenous Peoples. The Declaration sets forth the minimum standards and basic rights for indigenous peoples in all countries. The Declaration is based on many years of study and testimony by thousands of indigenous peoples whose cultures and communities face extinction, and now addresses collective rights (of tribes and nations) as well as indigenous individual rights. Click here to see Hui Na`auao's Intervention!
Working for Stream Restoration and Gathering Rights: NHAC's participation in the Stream Protection and Management Task Force helped result in a vision statement of the task force that recognizes Hawaiian customs and traditional values. We also focused discussion on consideration of the hydrologic impacts and significance of stream diversion and irrigation return flow. These issues are of critical importance to Native Hawaiians' exercise of traditional and customary practices and restoration of a healthy ecosystem to optimize the ability of Native Hawaiians to live in an environment which allows the full enjoyment of their culture and custom.
Community Water Plans in Honokohau, Maui: Through a grant from the Office of Hawaiian Affairs, NHAC conducted a community water planning project in Honokohau Valley on Maui which demonstrated the utility, viability and benefits of community-based planning.
Research Library: NHAC coordinated the completion of a research study on the "history and status of Native Hawaiians under U.S. and international law," funded by the Ford Foundation in 1994. Efforts to publish the manuscript are in the works.
Island Burial Council: NHAC's Executive Director served on the O`ahu Island Burial Council which has the responsibility "to determine preservation or relocation of previously identified Native Hawaiian burial sites" according to Chapter 300, Rules of Practice and Procedure Relating to Burial Sites and Human Remains, of the Hawai'i Administrative Rules.