Water, known as wai in the Hawaiian language, Ōlelo Hawaiʻi is life. Waiwai, however, means wealth. Hawaii’s water resources have been exploited by foreign business, starting with  plantations in the 1830s. Although the last large standing plantation shut down in 2016, plantations’ historic claims on water rights have shapeshifted into new commercial real estate and development ventures.

A&B Central Maui exemplifies this trend in the 21st century, as it is one plantation that turned into a real estate development business and has been taking advantage of their water rights at the cost of Native Hawaiians. Even though Hawaii officially considers water a public trust resource currently, plantation water rights from before Hawaii became a state have had a dominant claim on access to West and East Maui’s water supply for over a century. A&B Central Maui is the largest marker of this, as their last approved longstanding permit ending in 1970’s, but they have been extending it for years by changing the company’s name each time they propose a new short term contract, before officially putting the 30 year permit proposal up for debate roughly a year after the Lahaina, Maui wildfires. The 30 year permit to the Board of Land and Natural Resources in collaboration with another large company EMI in September, 2024. 

 This debate over A&B’s water rights is even more sensitive after wildfires destroyed Lahaina, a tourist town in West Maui in 2023. A&B’s ownerships and proposal for another long term permit of water usage had made water rights even more controversial. Despite the devastating wildfires, real estate developers are still trying to use the wildfires to grab more of the water and rights in Lahaina. For example, one day after the Maui wildfires started, A&B Central Maui, attempted to overturn a previous ruling that temporarily reduced their water usage by 9 million gallons. This is referred to as disaster capitalism. Lauren Palakiko, a Native Hawaiian located in Lahaina with her family, explained: “[Developers], if you tap the community dry of all of its resources…eventually, you’re going to exceed the maximum yield of the natural resources.” 

Large corporations’ stranglehold on Hawaii’s  water resources has left  Native Hawaiians fighting for rights to their own water. This also hurts Native Hawaiians ability to practice some of their cultural activities, as Native Hawaiians do not believe people have the right to own water. Water is also essential to  their cultural practices. The industries have also taken control over and overused the water resources that Native Hawaiians relied on and had always kept safe before they were colonized. The heavily developed tourism industry and real estate developments have led to Hawaii having the most expensive housing prices in the United States. Water is diverted to luxury subdivisions (homes/real estate) leaving many Native Hawaiians cut off from water for their basic needs, such as drinking, bathing, and laundry.

While A&B Central Maui took advantage of a tragedy and sought to use this devastation for their own personal gain, the individuals who suffered the most were the Native Hawaiians. This can be seen in the aftermath of the disaster of the Maui wildfire in August 2023 caused by downed power lines that sparked and ignited. The damage is as clear as day. Charred trees, 2,200 homes only recognizable by the skeleton and foundation of the homes, the 102 confirmed deaths of family members lost to thick smoke and a fiery blaze. 

With almost every part of Hawaii that Native Hawaiians hold dear to their culture, identity, and way of life being overused, abused, and spoiled, Native Hawaiians need more protections for their indigenous lands. Reform in water usage rights in Hawaii is needed to protect Native Hawaiians basic human rights to water. 

Hawaii needs to eliminate the loophole in the public trust that allows businesses to control and sell the use of their water diversion systems that control and redirect the flow of water to different locations. Citizens should petition the local, state, or federal government and advocate for change like the Maui Sierra Club and the Hawaii Alliance for Progressive Action (HAPA) have done to bring attention to the situation on a local scale. Hawaii also needs to have stronger, more enforceable limits of daily usage for businesses to allow Native Hawaiian substantial access to water such as the county of Maui’s Water Conservation bill that would limit irrigation to three days a week for all people and businesses that use the county’s water. 

Additionally, private businesses should not be able to control the distribution of water for communities which would mean that water diversion systems such as A&B’s should not be only subject to the whim of the company, if it is pulling resources away from the people.  Taking action, and advocacy is an effective tool for change. For example, With much pushback from Native Hawaiians and the Maui Sierra Club, A&B Central Maui’s request for a 30 year permit was rejected November 8th, 2024. This is one positive step for Hawaii’s future.