Haw. Code R. § 13-183-37
The State does not warrant title to the leased lands or the geothermal resources and associated byproducts which may be discovered thereon; the lease is issued only under the title as the State may have as of the effective date of the lease or may thereafter acquire. If the interest owned by the State in the leased lands includes less than the entire interest in the geothermal resources and associated byproducts for which royalty is payable as determined by the courts or otherwise, then the rents and royalties provided for in the lease shall be paid to the State only in the proportion which its interest bears to the whole for which royalty is payable, and the State shall be liable to those persons for any prior payments made as adjudged by the courts or otherwise; provided, however, that the State shall not be liable for any damages sustained by the lessee. The geothermal resources shall be considered a property right.
Haw. Code R. § 13-183-37