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A. Kuleana Act of 1850 -August 6, 1850 the legislature of rIawai'I enacted a statute, now known as the Kuleana Act, which was designed to insuc and provide the tenant farmers residing within an ahupua'a the opportunity to obtain fee simple title to the lands upon which they resided and cultivated their crops. Over the years every section of the Kuleana Act was repealed with the exception of section 7, which survives today in the form of I-Iawai' I Revised Statutes, section?-1: ~JVhere the landlords have obtained, or may hereafter obtain allodial tales to their lands, the people on each of their lands shall not be deprived of the right to take firewood, house timber, aho cord, thatch, or ki leaf, from the land on which they live, for their own private use, but they shall not have a right to take such articles to sell for profit. The people shall also have a right to drinking water, and running water, and the right of way. The springs of water, running water, and roads shall be free to all, on all Sands granted in fee simple; provided that this shall not be applicable to wells and watercourses, which individuals have made for their own use. The legislative history of-the Kuleana Act indicates that this particular section was included at the insistence of King Kamehameha III. The privy council minutes re#lect the king's concern that a "little bit of land even with allodial title, if-they (the people) be cut off from all other privileges would be of very little value." The privy council thus adopted the king's suggestion: (The) proposition of the King, which he inserted as the seventh clause of the law, as a rule for the claims of common people to go to the mountains, .and the seas attached to their own particular lands exclusively, is agreed...." Therefore, the Kuleana Act provided native tenants a statutory right of access to their kuleana, as well as unobstructed access within the ah~:pua'a to obtain items necessary to make the kueana productive. Subsequent common law defines custom, implied dedication of public right-of-way, and public trust doctrine. Highway Act of 1892 Hawai'I Revised Statute, chapter 264, section I, formerly known as the Ilighways Act of 1892, was amended in 1988 to specifically define public trails within the state. Section 264-1(b) provides: All trails, and other nonvehicular rights-of--way in the State declared to be public rights-of--ways, by the highways act of 1892, or opened, laid gut, or built by the government or otherwise created or vested as nonvehicular public rights-of--way at any time thereafter, or in the future, are declared to