Kahua Ranch, Ltd. v. Hustace

OPINION OF THE COURT BY

MARUMOTO, J.

Kahua Ranch, Limited, and the Commissioner of Public Lands of the Territory of Hawaii allege that there is a question in differ*234ence between them concerning the right of the former to use "the government waters arising on the land of Kawaihae 1st” and submit the alleged question for decision on agreed statement of facts.

The land of Kawaihae 1st is in South Kohala on the island of Hawaii and consists of two sections, namely, (1) the Hawaiian Homes Commission land, which extends from a crest of the Kohala Mountains, formed by Puu Ahia, Puu Mala and Puu Pala, in…