Template:Nhsc-v1-263
21/ Levy, p. 853.
22/ Ibid., quoting Hawaiian Statute of 1845.
23/ Ibid.
24/ Levy, p. 853; MacKenzie, p. 8.
25/ Ibid.
26/ Ibid.
27/ Levy, p. 854.
28/ Levy, p. 854, quoting Hawaiian Statute of 1896.
29/ Chinen, p. 15; Kuykendall, p. 282.
30/ Kuykendall, p. 282.
31/ Ibid.
32/ Levy, p. 854; MacKenzie, p. 8.
33/ Ibid., quoting Rules adopted by Privy Council.
34/ Levy, p. 854; MacKenzie, p. 8.
35/ Ibid.
36/ Levy, p. 855; MacKenzie, p. 9.
37/ Ibid.
38/ The division was approved by legislation. Act of June 7, 1848, referred to in Levy, p. 855. Comments received from OHA suggest that: "The Mahele cf 1848 and conversion to a fee simple system did not entirely do away with this trust concept" that the king held the lands in trust for the gods and society as a whole.
39/ Levy, pp. 855-6; MacKenzie, pp. 10-11.
40/ MacKenzie, p. 10. Comments received from John Agard presented an informative discussion of kuleana rights and claims.
41/ Levy, p. 857; MacKenzie, pp. 11-12.
42/ Levy, p. 857.
43/ MacKenzie, p. 13.
44/ Ibid.
45/ Levy, p. 861.
46/ MacKenzie, pp. 13-14.
47/ Ibid., pp. 14-15.
48/ One commenter stressed the importance of water rights in modern Hawaii, in part because of the problems that development can cause in terms of short water supplies.
49/ II Hutchins, Water Rights Laws...The Nineteen Western States, pp. 177-178 (1974). Suggested by comments received from Congressman Daniel Akaka.
50/ The material for this paragraph is drawn from Clark, Water and Water Rights, Vol. 5, 1 433, which has an extensive discussion of Hawaiian water laws.
51/ Puna Hui Ohana, Assessment of Geothermal Development Impact on Aboriginal Hawaiians, prepared for U.S. Department of Energy, Contract No. DE-PC03-79ET27133 (Feb. 1, 1982).
52/ Ibid., p. 10.
53/ Ibid., p. 119.
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