CONST 0011-0001 ANNOTATIONS

This article was redesignated from "Article X Conservation and Development of Resources" to be "Article XI Conservation, Control and Development of Resources" by Const Con 1978 and election Nov 7, 1978. The former Article XI now appears as Article XII.

Environmental Protection Based on State Constitutional Law: A Call for Reinterpretation. 12 UH L. Rev. 123.

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ANNOTATIONS ABOVE RELATE TO ARTICLE, CHAPTER, OR PART HEADING;

ANNOTATIONS BELOW ARE FOR SECTION ONLY.

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A proposal of the 1978 Constitutional Convention deleted the former section 1 of the old Article X, which read: "Section 1. The legislature shall promote the conservation, development and utilization of agricultural resources, and fish, mineral, forest, water, land, game and other natural resources." This deletion appears to be one of the unspecified changes submitted for ratification under Question 34. On whether any of the changes submitted under Question 34 was in fact approved by the electorate, see Kahalekai v. Doi, 60 H. 324 (1979), excerpted in the note preceding the Preamble to the Constitution.

Residential Use of Hawai'i's Conservation District. 14 UH L. Rev. 633.

Hawai`i Constitution, Article XI, Section 1: The Conservation, Protection, and Use of Natural Resources. 19 UH L. Rev. 177.

Proceedings of the 2001 Symposium on Managing Hawai`i's Public Trust Doctrine. 24 UH L. Rev. 21.

Although the public trust doctrine and the state water code share similar core principles, the code does not supplant the protections of the public trust doctrine. 94 H. 97, 9 P.3d 409.

The maintenance of waters in their natural state constitutes a distinct "use" under the water resources trust. 94 H. 97, 9 P.3d 409.

The state water resources trust embodies the following fundamental principles: the State has both the authority and duty to preserve the rights of present and future generations in the waters of the State; and the State bears an affirmative duty to take the public trust into account in the planning and allocation of water resources, and to protect public trust uses whenever feasible. 94 H. 97, 9 P.3d 409.

This section and article XI, §7 of the Hawaii constitution adopt the public trust doctrine as a fundamental principle of constitutional law in Hawaii. 94 H. 97, 9 P.3d 409.

Under this section, article XI, §7 of the Hawaii constitution and the sovereign reservation, the public trust doctrine applies to all water resources, unlimited by any surface-ground distinction. 94 H. 97, 9 P.3d 409.