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REPPUN v. BOARD OF WATER SUPPLY

No. 7738.

656 P.2d 57 (1982)

Charles F. REPPUN, Paul Reppun, Robert S. Nakata, and Seiyu Nakata, Plaintiffs-Appellees, Cross-Appellants, and Clifford Wong and Rachel Hall, Plaintiffs-Intervenors-Appellees, Cross-Appellants, v. BOARD OF WATER SUPPLY, City and County of Honolulu, Defendant-Appellant, Cross-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied January 24, 1983.

Attorney(s) appearing for the Case

Samuel P. King, Jr., Sp. Deputy Corp. Counsel, Honolulu (Richard D. Wurdeman, Corp. Counsel, Honolulu, with him on briefs), for defendant-appellant, cross-appellee Bd. of Water Supply.

Ronald Albu, Legal Aid Society of Hawaii, Honolulu, for plaintiffs-appellees, cross-appellants Reppuns.

E. Cooper Brown, Honolulu, for plaintiffs-appellees, cross-appellants Nakatas and plaintiffs-intervenors-appellees, cross-appellants Wong and Hall.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, assigned temporarily.

RICHARDSON, Chief Justice.

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

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