The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-09-16

10 TIE Editor Of tie Pacific Commercial .AdceyGseT:
SIR In reply to your request for information as
toithe action Of the government upon an application
10 take water from certain streams in Koolau, Maui,
Istake pleasure in making the following statement
the greater pleasure because I learn that considera-
bic misunderstanding has existed in town upon the
matter.
On the 2lst of August last, an application in writ
ing was made to the Minister Of the Interior by
Messrs. Castle s. Cooke on behalf Of Haiku Sugar
Company, Alexander & Baldwin, and James NJ.
Alexander, for permission TO take wafer for the pur-
pose of irrigation, from certain streams in Koolau,
Maui The matter was duly considered in Cabinet
Council, The request being considered with favor
The view WIS taken that while at some time the goss
eminent might undertake the business Of carrying
water for public purposes and for the benefit Of our
agricultural interests, yet a, present it is not pre-
pared SO to do; and that till such time, a wise and
liberal policy ought to be pursued and private enter
prise promoted in every manner consistent with the
public good. The government look upon the propo-
sal of the above named persons as experimental.
The result of that experiment viii benefit the whole
country, by showing what can be done in that behalf
and what the cost of such a work will be. While the
enterprise is not new, as many plantations are now
supplied by bitches, yet none so extensive and COM
prehensive has been attempted. Upon this view the
request was granted, and l as law officer Of the gov
erEment, was directed to attend to the preparation
of the deed and to see that the rights Of the govern.
ment we're protected. The Minister Of the Interior
at once sent the application TO my Office for examina-
ton, and for the imposition of terms to be proposed
to the applicants. On the 9TH of September an
opinion was sent TO the Minister Of the Interior,
(which be will probably be happy to show to any
one) in which the Law upon the matter was reviewed
and explained, and terms proposed which it is be-
EovaI funr nrofaaf fha O0voenrnoDk srIN. - 81
premises. 4 letter was sent to the applicants grant
ing to them the privilege requested, upon the terms
proposed in the said opinion to the Minister. These
terms were substantially as follows
"The government will grant ID parties
named in the application -'' the license TO take wa
ter from the streams named in the application, and
to carry the same over all government lands inter-
vening between the said streams and the remotest
land to which it is now desired to carry said water,
for the period Of twenty years from date of accept
ance of these terms. at an annual rent Of one hun
dred dollars. Upon condition, LIST. that a sufficient
ditch, canal or other intercourse shall be at once
commenced and finished in q reasonable time; I'd,
that this grant shall not interfere with the rights Of
tenants upon said lands OF streams; Sd, that il shall
not, in any way, affect the right Of the government
TO grant TO any person or persons, the right to take
water (not to Interfere with the water hereby grant,
ed) from the same or other streams, to be carried
over the same land or lands for any purpose whatso-
ever, and if need be, TO be carried through the ditch,
canal or other waterway to be constructed by these
grantees; provided however, that during the said
period Of twenty years the supply of water, a right
to take which is hereby granted, shall not be dimin-
ished by act Of the government; and 4th, that at any
time during said period, the government may pur-
chase the said canal, ditch or other waterway upon
payment Of the actual cost thereof only, and in case
Of such purchase will continue TO furnish water TO
these grantees at a just and reasonable rate, not 10
exceed that paid by other parties taking water from
such ditch or waterway
These terms we're duly accepted by the applicants,
although they were DESTROYS Of additional assurances
on the part of the government that they might be as
sured of water for five or six years at least, in view
of their expected large expense for an experiment to
benefit not only their own lands, but indirectly the
whole country.
OF course the consideration named is q nominal
one, yet when we consider that for twenty years it
will be two thousand dollars, besides interest more
than the government would otherwise it is
something. It has been argued that the water is
worth twenty thousand dollars and has been let out
for one hundred dollars, so small a sum as to be
practically thrown away, and as such, O fraud on
the government. True, Mr.. Editor. 20 even fur
Their on part of that proposition. Taken where the
water can be used, its value will lie far greater than
twenty thousand dollars; but where il is to-day, il is
Of no use-indeed is absolutely no yalue-for il flows
unused into the sea. Those who outcry so loudly
about the matter might well consider whether The
fact that before this water can become Of any use
many thousands of dollars must be expended, either
waite parties will do it, il 10 no wrong or hardship |
the above terms.
But I have already taken too much Of your vslu-
able space and time.
Nn,va uaru fV,la " Va ~ E.uzVn 4