McBryde Sugar Co. v. Robinson
Hawaii Supreme Court
55 Hawaii 260, 517 P.2d 26 (1973)
- Written by Oni Harton, JD
Facts
McBryde Sugar Co. (McBryde) (plaintiff) and Robinson (defendant), two large sugar growers, were involved in a water dispute. McBryde and Robinson sought to settle competing claims to ownership of a river’s surface water. Robinson claimed all the normal surplus waters. Robinson also claimed a sizable quantity of appurtenant water rights that it had purchased over the years. Robinson carried the water to its sugar fields, many of which were outside the watershed. McBryde also transported much of its water outside the watershed. Based on prior court decisions, Robinson invested in the development and transportation of surplus water it believed it owned. Relying on a long line of Hawaii cases discussing the free transferability of water rights, other parties to the action purchased land, invested in irrigation systems, and entered contractual relationships with buyers of water. The Hawaii Supreme Court held that all waters belonged to the sovereign and that private water rights did not exist. All the water users petitioned for rehearing.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Levinson, J.)
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