Hawaii State Constitution's Public Trust
In Hawaii’s State Constitution, the waters of Hawaii, including the ocean, seashore and navigable rivers and streams, are protected in a public trust for its citizens (Article XI, Section 1). Hawaii’s Supreme Court affirmed the public trust doctrine in a landmark 2000 decision on the diversion of water for private use. The court found the state had the right, “to maintain the purity and flow of our waters for future generations…” and affirmed findings that, “where there are present or potential threats of serious damage, lack of full scientific certainty should not be a basis for postponing effective measures to prevent environmental degradation…”
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Brochure
This Trust Water brochure by Hawaii’s Thousand Friends outlines the history and application of the Hawaii Public Trust doctrine in its state constitution and court decisions, and notes the Supreme Court “embraced a precautionary principle.” (Page 10)
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