Devin Forrest ’22 grew up in Kaua‘i’s lush green valleys around Hanalei, helping out in family taro fields as a youngster, and thriving in the rich culture that binds the island’s north shore community tightly together.
So when the devastating floods of 2018 hit those farmers - destroying crops and traditional water flow - he knew he had to help.
That pro bono help – both before and after Forrest had applied and was accepted at the William S. Richardson School of Law – has been recognized nationally in the Spring 2021 issue of National Jurist magazine. Forrest is one of four pro bono heroes profiled from law schools across the country for the hundreds of hours of free legal assistance they provided in their communities.
“After the floods, the farmers found that where the water comes from was state land, “ said Forrest, “and they would need an easement but needed research on how old the system was. They had always cleaned it and always managed it. Forever. It wasn’t until it was destroyed that they needed help with the water.”
With a Masters degree in Hawaiian language from the University of Hawai‘i in Hilo, and family members still deeply involved in taro farming, Forrest volunteered his expertise to translate old documents to validate the rights of the farmers to the water supply. His translations in the Spring of 2019 helped lay the legal groundwork for an easement and water lease that would give them perpetual future access to their loʻi kalo irrigation system.
Those documents show that the close-knit families historically cultivated taro on approximately 100 acres in the northern valleys, and have been working this land using traditional methods for hundreds of years.
“You can’t get exact dates but you can estimate from when the chiefs were ruling,” said Forrest. “The farming areas were being used and an irrigation system created. We don’t know the exact date but we know there was farming in that area at least in 1500.”
Professor Kapua Sproat, director of Ka Huli Ao Center for Excellence in Native Hawaiian Law at the UH Law School, was already offering legal assistance to her home community on Kauaʻi and the farmers of the Wai‘oli Valley Taro Hui in particular, and she helped facilitate Forrest’s involvement. He has continued to provide hundreds more hours of help as part of his Clinical work at Richardson. That help has been invaluable, says Sproat.
“Devin’s efforts epitomize what we seek to do at Ka Huli Ao. Through our law clinics, for example, we bring together students, community, and decisionmakers to work in partnership on behalf of our natural resources and our Indigenous culture and lifeways that are dependent upon them,” said Sproat. “This is the best case scenario where ʻŌiwi like Devin and me can take Western knowledge and legal skills in particular home to the communities where we were raised to ensure that our cultural practices can survive the transition to a modern era. This has been transformative for Devin and the rest of the clinicians, and we are incredibly proud of what we have been able to accomplish together,” explained Sproat.
Law Dean Camille Nelson is also proud of what students like Forrest offer in passion, energy, and expertise to their communities as part of the clinic and pro bono programs at the Law School.
“It is always inspiring to see the impact of what you have been learning in action. Devin’s efforts demonstrate the transformative potential of experiential learning, and Ka Huli Ao is also to be thanked for guiding this opportunity,” said Nelson. “Devin’s ability to combine his experience, education, and passion exemplifies the tremendous impact Richardson lawyers have throughout Hawai‘i, and beyond.”
When this Clinic project started in the Spring of 2019, Forrest hadn’t yet decided whether to pursue a law degree or a doctorate, but the research led him to recognize that having a legal background was invaluable. As he delved into the history, he also applied to Richardson and was accepted.
Searching through old Hawaiian newspapers, the State Archives, the Māhele documents of 1800s, family inheritance records, and working with OHA researcher Wahine Tong, Forrest was able to help trace the system back to the 1500s.
Forrest said it was important to read documents in their original Hawaiian, rather than the few English translations that had been done. Often, he said, the meaning wasn’t completely accurate, especially with the subtle double meanings of some Hawaiian words and expressions.
With a report on the genealogy and history completed by OHA, and now environmental compliance in its final stages, Forrest expects that documentation for a longterm water lease will be submitted to the Board of Land and Natural Resources some time this summer.
He says it’s critically important that the water lease be approved. “If farmlands disappear they will be replaced by million dollar homes. This is not what this place is about. This is the character of the north shore. We’re country. We sustain ourselves via the land. We’re not dependent on outside resources. The lifestyle was perpetuated because we could survive and thrive on this lifestyle.”