Kauai Springs, Inc. v. Planning Commission of the County of Kauai.

Concurring and Dissenting Opinion by

RECKTENWALD, C.J.

This ease requires us to further define the contours of the public trust doctrine with respect to water resources. The public trust doctrine in Hawai'i is a matter of “constitutional mandate.” In re Water Use Permit Applications (“Waiahole I”), 94 Hawai'i 97, 131, 9 P.3d 409, 443 (2000). The doctrine is enshrined in article XI, section 1 of the Ha-wai'i Constitution, which declares that, “the State and its political subdivisions shall conserve and protect ... all natural resources, including ... water ... and shall promote the development…