Natural Resources: Water and Agriculture
Highlights the debates and decisions at the 1978 Constitutional Convention, particularly around water management and agricultural land preservation.
Water as a Public Trust
The 1978 Constitutional Convention marked a turning point for Hawai‘i’s governance, particularly in the regulation and stewardship of water resources. Water, essential to life and development, had long been a source of contention in Hawai‘i. Conflicts over access, allocation, and management highlighted systemic failures in the state’s planning framework. The convention sought to resolve these issues by embedding water management principles directly into the constitution, affirming water’s status as a public trust.
This effort intersected with broader debates on Hawaiian Home Lands, agricultural sustainability, and urban development. The challenges of managing water—both as a resource and a symbol of Hawai‘i’s cultural and environmental identity—required bold action, and the convention responded with sweeping reforms to the state’s approach to planning and resource management.
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The Environment at a Turning Point
Controlling growth was a major source of concern among the delegates who had come of age during the seventies. During the 1978 Constitutional Convention, delegates emphasized the importance of safeguarding Hawai‘i’s natural resources for future generations. They recognized the urgent need to balance economic growth with environmental stewardship, addressing concerns about overdevelopment, resource depletion, and the protection of public access to vital resources like water and land.
Hawai‘i’s Public Trust Doctrine serves as a cornerstone of the state’s commitment to environmental stewardship. This principle continues to guide the state’s approach to sustainability and resource management, as reflected in its constitutional foundation in Article XI of the Hawai‘i State Constitution.
The EACL Committee and Planning for the Future
Key to these reforms was the work of the Environment, Agriculture, Conservation, and Land (EACL) Committee, led by rising political leaders such as Les Ihara, Carol Fukunaga, Anson Chong, John Waihe‘e III, and Adelaide “Frenchy” De Soto. These delegates crafted Committee Proposal No. 17, a comprehensive package that became Article XI of the Hawai‘i State Constitution. This proposal framed water management as an integral part of the state’s political culture, addressing long-standing inequities and planning deficiencies.
Governor George Ariyoshi had laid the groundwork for this effort through initiatives like the State Planning Policy Council (SPPC), which sought to align state and county activities under a unified vision. However, unresolved conflicts, such as those in Waiāhole-Waikāne, underscored the need for a constitutional approach to water management.
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The Water Resource Amendment
The Water Resources Amendment, adopted by delegates in September 1978, established water as a public trust in Hawai‘i, ensuring that its management serves the collective benefit of residents and ecosystems. This groundbreaking amendment charged the state with a fiduciary responsibility to protect and regulate water resources, balancing the needs of agriculture, development, environmental conservation, and community access. Delegates debated the complexities of water management, including the balance between public trust and private rights. The resulting amendment solidified the state’s role as steward of this vital resource.
Review the archival records of the 1978 Constitutional Convention’s influential Committee on Environment, Agriculture, Conservation, and Land.
Hearing Diverse Voices
Throughout the convention, the EACL Committee held hearings to gather input from water experts, environmental advocates, industry representatives, and community leaders. These sessions revealed a spectrum of perspectives:
- Environmental Advocates pushed for strong constitutional protections to prevent overuse and mismanagement.
- Agricultural Interests opposed changes that could restrict their water rights, emphasizing the importance of water for irrigation and economic stability.
- Community Leaders demanded greater access to water for small farmers and rural residents, highlighting the inequities of existing systems.
- Developers expressed concerns that new regulations might hinder urban and resort development.
Lieutenant Governor Nelson Doi championed the concept of ‘Āina Mālama, emphasizing the preservation of Hawai‘i’s natural and cultural resources. This vision resonated with many delegates, who saw the constitution as an opportunity to prioritize sustainability and equity in resource management.
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John D. Waihe‘e III
- 1946–Present
- Delegate at the 1978 Constitutional Convention
- Governor of Hawai‘i (1986–1994)
John D. Waihe‘e III was instrumental in advocating for Native Hawaiian rights during the convention and later became the first Native Hawaiian to serve as governor.
View a biography of John D. Waihe‘e III from the National Governor’s Association.
A Debate Over State Power
The proposal for water management framed the state’s role as both regulator and steward, introducing language that clarified water’s status as a public trust. Delegate Carol Fukunaga argued for an “active and affirmative role” in protecting water resources, ensuring that the state did more than just oversee their use.
While proponents saw this as a necessary step toward equitable resource management, critics raised concerns about its complexity and implications for local control. Delegate Joe Souki cautioned against creating a centralized “superagency,” fearing it might dilute the authority of county water boards and increase bureaucracy. Others worried about potential legal challenges, particularly regarding the balance between public trust and private water ownership.
Despite these objections, the lessons of Waiāhole-Waikāne loomed large. Advocates like Delegate Charlene Hoe pointed to the struggles of tenant farmers who had faced systemic barriers to accessing water. The proposed amendment sought to ensure that water management prioritized public benefit over private gain, addressing the inequities that had long plagued communities across Hawai‘i.
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Windward Concerns
In the 1970s, Kāhalaʻu became a flashpoint in the battle over land use and development. Native Hawaiian kuleana landholders, organized as Hui Mālama ʻĀina o Koʻolau, resisted plans for luxury housing developments that threatened their small landholdings, cultural heritage, and community. These projects, including high-rise apartments and sprawling townhouses, raised environmental concerns over flooding and soil instability, while excluding the affordable housing desperately needed by local families. The struggle highlighted the community’s determination to protect their land from exploitation and displacement.
Kāhalaʻu’s story encapsulates the tensions between traditional Hawaiian values of land stewardship and the pressures of modern development. Read more about this pivotal moment in the February 19, 1973 issue of The Hawaii Observer.
Shaping a New Political Culture
On September 18, 1978, the water resources amendment passed its final reading. The revised language declared the state’s fiduciary responsibility to manage water as a public trust, balancing the needs of agriculture, development, and conservation. The amendment granted the legislature flexibility to designate an existing agency, such as the Department of Land and Natural Resources (DLNR), or to create a new body dedicated to water management.
This constitutional mandate represented a significant shift in Hawai‘i’s political culture of planning. By embedding water management within the state’s governing framework, the convention aimed to address past failures and establish a foundation for sustainable resource use.
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Office of Hawaiian Affairs
Building on this commitment to stewardship and equity, the 1978 Constitutional Convention also established the Office of Hawaiian Affairs (OHA), an institution dedicated to advocating for Native Hawaiian rights, culture, and well-being. As a semi-autonomous public agency, OHA is dedicated to improving the lives of Native Hawaiians through resource management, community programs, and policy advocacy. Its creation marked a significant step toward addressing historical injustices and promoting self-determination for Native Hawaiians.
Watch a video from Kukulu Hou that provides a historical perspective of OHA covering its origins up to 2012.
Legacy and Challenges
The water resources amendment was a milestone, but its implementation in the 1980s faced significant challenges. Establishing a state water commission and integrating constitutional mandates into policy required extensive debate and negotiation. Critics like Delegate Souki remained skeptical of centralized control, while others feared that the amendment’s complexity could lead to legal disputes.
Despite these hurdles, the 1978 Constitutional Convention’s approach to water management had a lasting impact. By affirming water as a public trust, the convention reinforced its centrality to Hawai‘i’s environmental and social well-being. The amendment set the stage for a more balanced and equitable future, emphasizing the importance of sustainable resource management in a rapidly changing world.
