Hawaii Water Rights 101

Public Trust Doctrine

Water is held in trust by the state for public benefit. All uses must serve the public interest and not harm trust resources.

Key Principles

• •All water resources held in trust for public benefit
• •State has affirmative duty to protect trust resources
• •Private uses allowed but subject to public trust obligations
• •Environmental, recreational, and cultural uses are protected
• •Hawaii's unique system combines traditional practices with modern water code

How to Buy Water Rights in Hawaii

1. 1
   Research existing rights. Contact the Hawaii state water resources department to look up water rights records in the area of interest. Most western states maintain searchable public records.
2. 2
   Verify priority date and quantity. Under Public Trust, the priority date determines seniority and therefore the value and reliability of the right during shortages.
3. 3
   Conduct due diligence. Verify historical beneficial use, check for forfeiture risk, and confirm the right is current with the state agency.
4. 4
   Hire a Hawaii water rights attorney. Water rights transactions are legally complex and state-specific. Always retain a licensed Hawaii water rights attorney before closing.
5. 5
   File transfer with the state. Most transfers require state approval. Change of ownership, point of diversion, or use typically require formal filings.