Property Ownership
What is 'surface water rights' in Hawaii and what is the 'public trust doctrine'?
AA. All water in Hawaii is privately owned; the public trust doctrine doesn't apply
BB. Hawaii recognizes public trust obligations for surface water: the state holds water in trust for the public benefit including Native Hawaiian rights, traditional practices, and downstream flow requirements✓ Correct
CC. Surface water rights in Hawaii are governed entirely by federal law
DD. Water rights in Hawaii follow the prior appropriation doctrine of western states
Explanation
Hawaii's constitution (Article XI, Section 1) explicitly recognizes a public trust obligation for natural resources including water. The Hawaii Supreme Court has ruled that all surface water (and groundwater) is held in public trust. The Commission on Water Resource Management administers water rights. Native Hawaiian traditional and customary water rights and downstream flow requirements are protected.
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