I recently mentioned in another thread that streams, or stream beds, are legally accessible to citizens even if they bisect private property! I thought again and figured I had better check this out.
I was told that by a worker who was tramping up my stream some years ago. He identified himself as from the BWS, and said he was checking flow levels.
To check this out I contacted BWS, and they claim they have NO jurisdiction over streams, and don't know the answer, they even checked it out with a legislator for me (thank you very much) who said he has heard both sides, and doesn't know. (Call a lawyer... hah!)
I figured with all the brains on HT there may be someone who knows, or suspects, or whatever. If you folks draw a blank my next step is to contact the DLNR (searching HRS was tedious and unproductive).
My land crosses Kahalu`u Stream, and I do not deny access to people collecting Ho`io (See: Ho'io: Hawaii's edible fern) or whatever other things that abound there, like Ohi`a `ai, Kukui, 'opae oeha'a, torch ginger, etc. Our local kahuna la`au depends on it for gathering herbs.
Next time you get your water bill, if they include their color brochure, look at the photo looking downstream with a huge boulder in the foreground. That's my back yard. In spite of floods and violent runoff, that boulder has not moved an inch in 20 years, though its smaller brothers and sisters have gone downstream.
I have a friend in Kalihi, an artist, whose house abuts a stream and the property straddles it. Access would be difficult because of steep waterfalls, but can people actually stand outside his downstairs bedroom windows?
I know, I talk too much, my posts are too long, they are uninteresting and you are welcome to not read them if it bothers you, however.....
THE MAIN QUESTION:
Does ownership of property include the right to bar people from passing through on a stream or stream bed cutting through that property?
Your responses will be appreciated, and in some cases treasured. If you come up with HRS references, I will certainly provide you a Gold Star!
I was told that by a worker who was tramping up my stream some years ago. He identified himself as from the BWS, and said he was checking flow levels.
To check this out I contacted BWS, and they claim they have NO jurisdiction over streams, and don't know the answer, they even checked it out with a legislator for me (thank you very much) who said he has heard both sides, and doesn't know. (Call a lawyer... hah!)
I figured with all the brains on HT there may be someone who knows, or suspects, or whatever. If you folks draw a blank my next step is to contact the DLNR (searching HRS was tedious and unproductive).
My land crosses Kahalu`u Stream, and I do not deny access to people collecting Ho`io (See: Ho'io: Hawaii's edible fern) or whatever other things that abound there, like Ohi`a `ai, Kukui, 'opae oeha'a, torch ginger, etc. Our local kahuna la`au depends on it for gathering herbs.
Next time you get your water bill, if they include their color brochure, look at the photo looking downstream with a huge boulder in the foreground. That's my back yard. In spite of floods and violent runoff, that boulder has not moved an inch in 20 years, though its smaller brothers and sisters have gone downstream.
I have a friend in Kalihi, an artist, whose house abuts a stream and the property straddles it. Access would be difficult because of steep waterfalls, but can people actually stand outside his downstairs bedroom windows?
I know, I talk too much, my posts are too long, they are uninteresting and you are welcome to not read them if it bothers you, however.....
THE MAIN QUESTION:
Does ownership of property include the right to bar people from passing through on a stream or stream bed cutting through that property?
Your responses will be appreciated, and in some cases treasured. If you come up with HRS references, I will certainly provide you a Gold Star!
![Wink](https://www.hawaiithreads.com/core/images/smilies/wink.png)
Comment