The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-12-26

MS " a. ABOUT 1917 Inc testimony
Of those familiar with the "eleven
day" system say land il was 80 found
by the commissioner ina. when the
water day Of a cer-sin land came
around all the water az the Kauaula
stream was entitled 10 u- turned into
the particular auwai leading the
water to the said land. This does not
seem To be the cas- ir acjua practice,
for We found Ou the 3Dtu Of NV ~ Der
I"st thar all the water flowing in the
KauauIs stream Wa no. yu,1'e" mo
any auwai au' the flow Wa ~uch tu6t
10 could not possibly he taken into he
Piilaui auwai This suwsi i narrow
ami not deep and would no. "a ~ more
than half the entire stream uf kaua-
ula. But tots was not the dry season
and the stream was not its lowest.
II would seem a If the plaiutitf-'
water lunas We're accustomed TO turn
in 10 the respective auwais unlE a
portion Of the entire stream and keep
quite a flow of water running in tue
stream Gay aud night for the Use OF
the plaintiffs cane lan1s below.
The, too, II seemed 70 Us that the
patches were not allowed TO be filed
full To the brim out the water was
shut Of as soon a. the luna thought
the ta'ches had enough. Mr.. Camp
bell says Jliat supplying kaIo patches
with water but once III eleven days l.
not now sufficie TO keep the crop in
good growing condition, and he altri
bute- the success of tue Old eleven
dav system when he was re~id 1T OF
Lahaiua To the fre~het or storm wa-et
which came down more frequently
then than now.
The plaintiffs, while cOntendiug that
they have the right to use the water
on the makai lands Irrespective Of the
days allotted ia the system they con-
tend for 10 each individual land, urge
that the defendants right TO water
mauka Is limited to the use Of the
water only on the assigned day and
that failure to Use IL on that partlcu-
lua day works Il forfeiture of il until
tn ",iay'' comes around again. So
kalO patch, through any misadven-
ture hot getting its water on its par
ticular day, might be without it for
twenty two days. Iheic contention
goes further, they claim that the
varfou- kuleana holders (defeudabtS)
are not authorized to exchange wafer
with each other, and that water as
gned under the water system under
discussion to a particular and cannot be
used upon another land on that day.
We cannot agree with this contention.
tain land on certain day being eS'a5'
lished by prescription gives the owner
of the land so far forth ihe right
to use that water as he chooses,
and he may alloy part of 1t or
all OF il to be used elsewhere,
provided this diversion does not in
juriously affect others. The principle
that water may thus be diverted has
been abuudantly established 10y decis
- hi
Pailey, S Haw. 65S; KahOOkiekie V.
Keanini, S Haw. 80; LOnoaea V. Wal /
Iuku Sugar Co., Haw. 65l. 1t is an
important principle for the plaintiffs
as we'll as defendants 1t Is evident
from the testimony that the intent !
and spirit of the Ingenious ''eleven
day" system OF water supply In this /
locality, elaborated from long expert /
ence by men whose aim was 10 secure /
equal rights to all aud TO avoid quar-
rels, was to give the mauka lanJs IN
rotation suffi ;ient water for the sue
cessfu, growing IF kaIO. And il must |
be remembered that the mauka lands |
were to have their water first While /
the system must in general be pre-
served, that is, the two grand Givis
ions and the subdivisions Of the va
rious lands by Iame and the rotation /
OF the water supply "a above set 10 tn |
must continue the system must con
tinue to have the other features which |
it had under the old kOnohikis. We
shall enumerate these later.
It IL beyond the province of this |
Court to adjudge and decree that each /
kulrana holder shall lamp his patches |
and banks when replanting and keep |
his auwais free from weeds and grass
under penalty of being deprived of his |
right To water. Self interest ought to |
secure good hu,bandry. But it is /
equally impossible for this Court to |
require the plaintiffs to display the /
same spirit of accommodation to the
necessities Of a particular kuleana |
holder that was in the Old konOhikJs |
The detail OF the execution OF the /
system of using the water in question |
must be left to the honesty and fair |
ness of the parties interested. We
can only pass upon the legal rights |.
involved.
We are authorized by the statute TO
make "sucn decision as may in each |
particular case appear to be in con-
formity with vested rights and be just
AMI euuitable.n We find therefore as
follows:
The lands watered from the Kaua-
ula stream are separated into two
principal divisions. Division one con
siStS of the lands from Nalnee to
PolaikI, including both. Division two
consists of the lands from Puunauiki
to WaipaahaO, Including both. PrIn-
cipal Division one comprises the fol-
lowing named lands: 1, Wainee and
Pakala; >, Wainee two; 3, Wainee
one; t Mokuhiuia; B, Peanut; 6,
Puaaiki and WaiOkama; Z, KOOka;
S, Alto; g, Kamani and Ilikahi; 10,
Polauui; IL, POlalki.
Principal Division two comprises
the following named lands: l, Pau
nauiki; ,, Puunau Nui; 3, Puunau
and Kaulalo; 4, Hai akaa; ), Puehue-
huiki; s, Puehuehu Nui; Z, Puehue-
hupiliwale; s, Makila; 9, PahOa; 10,
Puupa pal IL WaipaahaO.
These two principal divisions take
the water for eleven consecutive days,
one division by day and the other by
night, and when the eleven days are
com pleted the division taking the
Uatar Inv daU takes IL at night and