Ka Wai Ola - Office of Hawaiian Affairs, Volume 40, Number 10, 1 October 2023 — He Wai Ola Effectuating Water Justice in Maui Komohana [ARTICLE+ILLUSTRATION]

He Wai Ola Effectuating Water Justice in Maui Komohana

By U'ilani Tanigawa Lum Waiololi a me Waiolola. Nā wai kaulana o ka aina. Wai kamaha'o i ka piko o ke kuahiwi. Ka ua loku o Wai'oli. Wai hiwahiwa 'o Mokuhinia. Ka ua kaulana a'o Hā'ao. Epithets relating to the many water forms are prolific throughout Hawai'i s mele, mo'olelo, and more. There are distinct names for eaeh type of rain. There are detailed words to describe the way water sounds and moves. Poetic epithets ean even reference specific places without mentioning any plaee names. Our people intimately knew the water resources of their aina. For both practical and spiritual reasons, Kānaka Maoli knew - and know - that in water, there is life. For Kānaka Maoli, wai shaped all aspects of life. It also shapes our laws here in Hawai'i. Hawai'i has a unique and progressive legal framework around 'āina and natural resources - in large part due to the people and nohona (lifestyle) of this plaee. In Hawai'i, water is not a commodity that ean be owned by any one person. Wai is held in trust for the benefit of present and future generations. In Hawai'i, protections around water are elevated in our cultural precepts and in Hawai'i's constitution. Hawai'i's communities, and Kānaka Maoli in particular, have been at the forefront of bringing legal and eultural mandates to life on the ground. For example, the kūpa'a mahi'ai kalo of Waiāhole tackled long-standing inequities to confirm the puhlie trust doctrine as a fundamental principle of constitutional law in Hawai'i. The great waters of Nā Wai 'Ehā were restored after grassroots efforts urged decisionmakers to fulfill their kuleana under this very puhlie trust. Kalo farmers in Wai'oli articulated the broad and significant environmental benefits of traditional practices of lo'i kalo cultivation. In Maui Komohana (West Maui), issues around the pono management of wai has colored this aina's history, especially in the context of plantation diverters. These long-standing issues naturally implicate larger conversations around what is right, and what justice looks like. And now, amidst the devastion of our beloved people and places, the kupa of Maui Komohana continue to advocate for pono. A story familiar throughout Hawai'i pae aina, Maui Komohana remained steadfast despite the winds of the outside change: from whaling to sandalwood trade, plantations, and eventually, tourism. The rise of sugar plantations and the introduction of commercial agriculture completely disrupted the intricate resource management systems that sustained abundant aina momona. Rather than viewing water as a kinolau, these corporations utilized water as a commodity that fueled their thriving businesses and altered the natural course of water. This disruption had profound

impacts on this aina. Maui Komohana is home to a rich history of abundance that long sustained its kama'āina - the people of this plaee. Known for its bountiful 'ulu trees, Lahaina was a famed aina momona. An 'ōlelo no'eau recalls its prosperity saying, "hālau Lahaina malu i ka 'ulu," or, Lahaina is like a large hale (house) shaded by breadfruit trees. Because of this bounty, our ali'i made this aina the seat of governance. Located in the moku of Lahaina and 'ili of Waine'e, Moku'ula was the piko of the Hawaiian Kingdom, serving as the political and religious center of Hawai'i. Mokuhinia, the associated loko, included a flourishing 17 acres that not only provided food and physical nourishment, but was also home to mo'o Kihawahine, an 'aumakua to the Pi'ilani genealogy who is credited with Kamehameha's success in unifying the islands. Moku'ula and Loko 'o Mokuhinia heeame known as the "Venice of the Pacific" because of its many intricate waterways. As corporations disrupted that natural flow of water, the thriving loko of Mokuhinia heeame a stagnant "swamp land" and was eventually condemned by the State of Hawai'i in the early 20th century. 1his immense wahi pana was eventually filled and is now helow what was a baseball field and parking lot.

Over the years, these corporations continued to justify their water use and tourism heeame prevalent. Calling out these injustices and leading the charge for change, in 2022 the kupa of Maui Komohana turned to the Commission on Water Resource Management to support the designation of their aina as a water management area. Designation, whieh was unanimously approved by the commission in that same year, is one of the principal tools by whieh Hawai'i's Water Code seeks to manage and prioritize water resources - especially those that are threatened or shrouded in disputes. In short, designation is a process by whieh water allocations are re-examined using current legal standards, whieh prioritize Native Hawaiian traditional and customary use for practices such as lo'i kalo cultivation. Designation represents the first meaningful step in obtaining water equity and serves as an instrumental pieee in the broader tapestry of restorative justice for Kānaka in Maui Komohana. Since then, Ka Huli Ao and the William S. Richardson School of Law's Native Hawaiian Rights Clinic has had the privilege of following the community's lead and supporting their efforts to effectuate justice on the ground and in the context of wai in particular. With funding from the Office of Hawaiian Affairs, over 20 law students have worked to support the eommunity with historical research, informational materials, research pertaining to appurtenant rights, mapping, and more. Beyond partnering with the community to offer direct legal services, the elinie provides current law students the opportunity to advance legal and administrative justice on a wide range of issues relating to Native Hawaiian law. Despite the winds of change and horrific devastation in Maui Komohana, this community is strong. An 1862 mele published in Ka Nūpepa Kūoko'a entitled E Ho'i ka Nani i Moku'ula amplifies the beauty and splendor of Maui and declares, "let the glory return!" As this community rallies around one another, we center the visions of bounty that sustain pono and kama'āina since time immemorial. As we also turn to history to offer a way forward, we know that grassroots community efforts have achieved better resource management and most importantly, justice. It is time to re-center kama'āina voices in decisions being made about their plaee. Wai is key to Maui Komohana's future, and this community - and the legal and cultural mandates that make Hawai'i, Hawai'i - must be centered prominently in decision-making. Our aloha ean offer malu today towards a vision of ulu - of growth - flourishing onee again in Lahaina, a beautiful, strong 'āina that will ulu hou. Ola i ka malu 'ulu o Lele! E ho'i ka nani i Moku'ula - may the beauty return to Moku'ula and life to Maui Komohana. ■

The Kd Huli Ao teom, including students of the Notive Howoiion Rights Clinic, recent graduotes, and post-J.D. Fellows gother outside of Woiolo Church ofter ū site visit just ū few days before the fire. - Courtesy Pkoto

Post-J.D. Legol Fellow, Tereori'i Chandler 'loo leorns from Unele Ke'eoumoku Kopu ot the Nō 'Aikōne o AAaui Cultural Center, whieh was lost in the August 2023 fires. - Courtesy Photo