The Hawaiian gazette., 1901-09-20

may be freely used by the said licensee
without charge therefor on the part of
the government. for the construction and
repair of any and all works necessary
to the complete maintenance and repair
of such waterworks.
From the date hereof a license fee in
the sum of 81, 900 per annum during the
| term of construction shall be paid by
said licensee to the government of the
Territory of Hawaii. in equal semi-an-
nual installments of $500, and after the
| termination of five years the sad licen-
see shall pay an annual rental to said
government of $1,000 and five per cent
of the gross revenues received by hin,
| from the sale Of said water. provided
that in no event shall the annual rental
after said five years aggregate less than
900. At the end of ffty-hve years
from the date hereof, the annual COM
lpensation TO be paid to the government
lby the licensee shall be readjusted by
arbitration, as hereinafter provided. for
the rest OF said period OF ninety. nine
years AFTER the end of five years the
licensee shall file quarterly with the
Commissioner of Public Lands an ac-
lcount of the receipts and disbursements
OF the said enterprise.
The said licensee shall furnish water
| from the bitches, fumes and reservoirs
| CONSTRUCTED for the conservation or con-
Iveyance of water to government home
steaders applying therefor, for domestic
purposes at n uniform rate to be fixed
and agreed upon by the Commissioner of
Public Lands and the said licensee once
every ten years, provided that in case Of
failure of said licensee and Commission
| er to agree the rate shall be fixed by
| arbitration. and until such time as the
rates may be agreed upon or fixed, the
liccnsee may charge such rates as ap-
pear to him as reasonable in the prem
iscs,
| In like manner the licensee shall fur
nish water to all government homestead
ers applying for the same for agricui-
tural purposes, at as low a rate as 1t
shall its water to any private person or
corporation In furnishing water to
lhomesteaders for domestic agricul-
ltural purposes, as aforesaid. the licensee
shall furnish such water at such points
lof the bitches, humes or reservoirs es
shall be reaonably convenient to such ap-
plcants. The word "homesteaders" in
this instrument shall mean all persons
or their heirs or assigns holding land
from the government under homestead
leases, right of purchase leases. freehold
iagreements. Puukapu leases or especial
agreements of sale under the Land Act Of
1925.
All other applicants for water who are
In the possession Of lands conveniently
accessible TO water from the ditches,
fumes, pipes or reservoirs of the liccnsee
shall be equitably supplied by him at
uniform and reasonable rates for the
water supplied at each ditch.
The licensec without expense to the
government shall take all reasonable
steps and make all reasonable efforts 10
preserve tn. forests and trees growing
upon said watershed. and particularly
shall construct and maintain cattle
, proof fences on the Unbiased portions OF
: government lands, and here fter upon
I such government lands in the said water
r sheds as are now leased Immediately
e upon the termination OF such leases and
as long as they shall remain unleased
r wherever such fences may be necessary
= to protect the forests from cattle, and
= shall make all reasonable efforts for tn,
J. determination OF all wild animals within
the said forests and shall make all rea
S sonable efforts to prevent and extinguisf
Z all forest fires bush fires within th'
Z said watershed.
5 II the licensee at any time during th'
I continuance of this license shall be un
A able because of an insufficiency OF wate
e under its control to supply all its Gus
S toners with the full amount of wate
( required by them. then such water a
= shall at such time be under the contro
c OF said license shall be by arbitration
lapportioned eauitably between the sew
S eral customers so long as such inabilt.
e of the licensee shall continue.
n All arbitration herein provided for shal
= be made by three disinterested persons
y one selected by the Commissioner of Pub
J. lie Lands, one selected by the licensee
l. and one selected by those two: the deci
l. sion OF any two to be final and binding
lie upon the parties interested. The expens
'e of such arbitration shall be divided equal
ly between the Commissioner OF Publ
II Lands and the licensee.
$. At the end Of ninety nine years fror