Ancient Hawaiian Land Division and Water Rights
Districts of land called ahupua’a were delegated to chiefs and konohiki who oversaw the development of the aina(land), and made sure that it was cared for properly. These ahupua’a functioned as an integrated land and water system as they typically ran from the mountains down to the sea (Martin 1996). In order to irrigate the lo’i (taro patches) and other crops, everyone who tilled the land was expected to help in the construction of the auwai (water ditches). Rights to use the water from these auwai were given depending upon the amount of labor contributed to the building of it. Similar to Lockean theory, ancient Hawaiians believed that the individual who contributed the most labor, deserved the most water. It didn’t matter whether or not the land that he cultivated was smaller than other land districts, if he had provided more labor than others (i.e. if he brought his four sons versus someone who came by himself), he was entitled to a larger portion of water. This differs, however, from Locke’s theory in The Second Treatise of Government in that while Locke states that that “he has mixed his labor with, and joined to it something that is his own, and thereby makes it his property”(1952), ancient Hawaiians did not believe that they owned the land or water that they labored on. Rather, they believed that they owned the rights to use those resources.
Those who held water rights were required to maintain the stream during their rotation to ensure that it was free of debris and obstructions, as well as repair (Nakuina 2007). Those that failed to fulfill these duties had their rights to auwai water usage, and sometimes even land usage discontinued. Down stream rights were equally recognized, and no one was allowed to divert more than half of the stream’s flow to their own lo’i. If a cultivator ended up not needing the appropriated water, they would make the necessary adjustments and bring the amount down so as not to waste any of the precious resource. Anyone caught trying to interfere in the appropriation of water (i.e. breaking someone else’s dam, or diverting too much water without permission), received the highest punishment - death. Constructions of auwai were ceremonial, and there were celebratory feasts upon its completion. Ancient Hawaiians gave prayers and offerings to the God of fresh water, Kane, to give thanks for providing the water that would soon fill their lo’i (Nakuina 2007).
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