Reppun v. Board of Water Supply

OPINION OF THE COURT BY

RICHARDSON, C.J.

Both plaintiffs and defendants in this appeal contest the judgment of the trial court enjoining the Board of Water Supply of the City and County of Honolulu from reducing the flow of the Waihee stream below 2.7 million gallons per day. They essentially aver that the trial court misapplied the law governing water rights in our state as delineated in McBryde Sugar Co. v. Robinson, 54 Haw. 174, 504 P.2d 1330, aff'd upon rehearing, 55 Haw. 260, 517 P.2d 26 (1973) (cert. denied, 417 U.S. 976, appeal dismissed, 417 U.S. 962 (1974) (hereinafter McBryde). The…