Hawaii Water Rights Law and the Commission on Water Resource Management
Hawaii's water rights framework operates under a public trust doctrine codified in state law, administered by the Commission on Water Resource Management (CWRM), a body established under Chapter 174C of the Hawaii Revised Statutes. This page covers the structure of that framework, the categories of water rights recognized under Hawaii law, the permit and licensing processes governing water use, and the boundaries of CWRM authority relative to adjacent legal regimes. Understanding this sector is essential for landowners, developers, agricultural operators, utilities, and legal practitioners working within Hawaii's natural resource landscape.
Definition and scope
Hawaii water law is grounded in the public trust doctrine, which holds that the State holds freshwater resources in trust for the benefit of the people. This principle was affirmed by the Hawaii Supreme Court in In re Water Use Permit Applications (known as the Waiāhole Ditch case, 2000), which remains the landmark judicial articulation of water as a public trust resource in the state.
Chapter 174C of the Hawaii Revised Statutes, the Hawaii Water Code, establishes the legal foundation. It defines two primary categories of water use rights:
- Riparian rights — historically associated with land adjacent to streams, partially supplanted by the Code's permit regime in designated areas
- Appurtenant rights — attached to specific parcels of land by virtue of historical use or land grants, including traditional Hawaiian water rights recognized under Section 174C-101
A third category, correlative rights, applies in the context of ground water use in non-designated areas, where overlying landowners share proportional access.
CWRM designates specific geographic areas as Water Management Areas when evidence shows that water supply may be insufficient to meet existing and future needs, or when ground or surface waters require coordinated management. Outside designated areas, water use is regulated under a less restrictive permit framework.
The broader legal context for this framework is described in the regulatory context for Hawaii's legal system, which situates Chapter 174C within Hawaii's administrative law structure.
How it works
CWRM operates under the Department of Land and Natural Resources (DLNR). Its core administrative functions include:
- Designating Water Management Areas — initiated by petition or Commission action, followed by public hearings and evidentiary proceedings
- Processing Water Use Permits — required for any use within a designated Water Management Area; applicants must demonstrate the proposed use is consistent with the public interest, is reasonable-beneficial, and will not impair existing rights or the public trust
- Issuing Interim Instream Flow Standards (IIFS) — protective measures for stream flows during the period before permanent standards are set
- Setting Instream Flow Standards — binding standards that define minimum flow requirements for streams, balancing ecological, cultural, and consumptive uses
Permit applications are subject to contested case hearings when third parties file timely objections. CWRM decisions are appealable to the Circuit Court under Hawaii's administrative rules and agency framework, and ultimately to higher appellate courts.
For ground water in designated areas, the permit process requires proof that the proposed withdrawal does not cause unreasonable depletion of ground water supplies. The State Water Resources Protection Plan, maintained by CWRM, guides these determinations.
Common scenarios
Practitioners and affected parties most frequently engage with CWRM in the following contexts:
- Agricultural irrigation permits: Large-scale diversion or withdrawal for sugar, taro, or diversified farming operations in areas such as the Pearl Harbor Aquifer, Maui's Central Valley, or Kauai's north shore streams
- Municipal water supply applications: County water systems seeking withdrawal permits for public drinking water, particularly on Oahu and Hawaii Island where aquifer capacity constraints are most documented
- Stream restoration disputes: Native Hawaiian communities, environmental organizations, and landowners contesting diversions that reduce stream flows, affecting taro cultivation (lo'i kalo) and cultural practices protected under Hawaii's Native Hawaiian legal rights framework
- Contested case hearings: Private parties opposing new permits on grounds that increased withdrawal will impair existing water rights or instream ecological functions — a process directly linked to issues covered under Hawaii property and real estate law
- Designation petitions: Landowners or public interest groups petitioning CWRM to designate a new Water Management Area when unregulated use is alleged to threaten supply
The Waiāhole Ditch contested case proceeding involved 60-plus parties and lasted over a decade, illustrating the complexity of multi-party water disputes in Hawaii.
Decision boundaries
CWRM jurisdiction is bounded in several specific ways:
| Boundary | Coverage | Outside Scope |
|---|---|---|
| Geographic | All surface and ground water within the State of Hawaii | Federal reserved water rights (e.g., military installations) are governed by federal law |
| Designation status | Permit requirements apply fully in designated Water Management Areas | Non-designated areas follow less intensive registration and reporting requirements |
| Water type | Fresh surface water and ground water | Coastal and marine waters regulated separately under DLNR Division of Aquatic Resources and federal agencies |
| Use type | Commercial, agricultural, municipal, and domestic uses above de minimis thresholds | Certain traditional Hawaiian and appurtenant uses are exempt from permit requirements under HRS §174C-101 |
Federal water rights claims on federal lands within Hawaii — including those arising from military reservations or federal conservation units — fall outside CWRM authority and are governed by federal law, not Chapter 174C. Disputes with a federal nexus may require parallel proceedings in federal court; see federal courts in Hawaii for the relevant jurisdiction structure.
This page does not cover ocean water, wastewater reuse regulation (governed separately under Hawaii Department of Health rules), or interstate water compacts (Hawaii has no interstate watercourses). For the full scope of environmental law intersecting with water issues, Hawaii's environmental law framework addresses adjacent regulatory regimes including Clean Water Act compliance.
The Hawaii Legal Services Authority index provides the broader framework within which water rights law sits alongside land use, native rights, and administrative law practice areas in the state.
References
- Hawaii Revised Statutes Chapter 174C — Hawaii Water Code
- Commission on Water Resource Management (CWRM) — Hawaii Department of Land and Natural Resources
- Hawaii Supreme Court — In re Water Use Permit Applications (Waiāhole Ditch), 94 Hawai'i 97 (2000)
- State Water Resources Protection Plan — CWRM
- Hawaii Department of Land and Natural Resources (DLNR)
- Hawaii State Legislature — HRS Title 12, Conservation and Resources