Nhsc-v1-263

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nhsc-v1-263

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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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