The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-27
COLONEL ]. v. JONES'
WATER CONTRACT
LATEST PROPOSAL OF PROMOTERS
As Amended it Leaves
Out the District of
Hamakua.
OPINIONS OF OTHER koHALA
PEOPLE EXPECTED ON
SATURDAY.
~ Opinions Are Favors .e There viii
Be Nothino In Way of the Pro-
posed Agreement Going to Wash
instOn-cOntract in Full.

inGton-Consract IN Full.
The proposed contract between the
syndicate OF Colonel ]. w. Jones and
the United States and Territorial
governments in regard to water priv
ileges in Kohala has been consider.
ably amended since first introduced
and now appears in a modified and
more tangible form. II as satisfac-
tory to other interests in Kohala as it
has been to the plantations and all
others thus far hearl from the Ter
rftorial government viii recommend
the contract to the Secretary OF the
Interior Following is a full text of
the proposed contract as it now is:
Upon the terms and conditions herein
stated a land license for the period of
80 years from the date hereof, is hereby
granted TO John Walter Jones. of Homo
lulu. Island of Oahu, Territory of Hawaii,
to collect. conserve, impound and divert
all water upon and from all the govern
ment land situate on the Island of Hawaii
of said Territory. within the following
described area, to wit: Bounded on the
north by the sea, on the east by Waipio
Waimea watershed from the Kohala
mountains and on the west by Homo
kane gulch. such area being hereinafter
called the kohala watershed. subject TO
vested rights of private parties in such
waters. and to sell such water for irriga-
ton, domestic use. and development of
power. and other purposes, and to use
such water for the purposes of carrying
on this enterprise. and for the further
81 IL L., IL,
such further use not to materially reduce
the amount of water available for irri-
CATION: and for the proper collecting
conserving. impounding and diverting of
such water. and for the conveying. deliv-
ering and sale thereof. TO construct reser-
voirs, dams, impounding embankments
tunnels, bitches, feeders, waste-ways.
fumes. Inverted siphons, pipe lines or
any other works necessary or convenient
for the combining and carrying water up
on. through. along or under any of such
Government lands in said Kohala water
shed and any Government lands in the
District of n. kohala. across which it
may be necessary to carry such water
The plans for the construction and l0ca-
ton of such waterworks to be subject to
the approval of the Superintendent of
Public Works in his reasonable discre-
ton.
This license. however. win not be con
strued to confer a franchise or an ex
elusive right in the waters of said dis
trict. but the licensee shall have vested
right in only so much of said water as he
or the corporation hereafter TO be formed
shall find beneficial and appropriate.
The construction of such water works
shall be begun within two years from
the date hereof. and within FIVE years
from said date said licensee shall be pre-
pared TO deliver such waters to custom
ers in the District Of North Kohala. ex-
elusive of such time as may be lost by
litigation and strikes and by reason of the
acts of those over whom he shall have no
control
All materials on the said Government
lands, such as earth. rocks and trees may
be freely used by the said licensee with
Government for the construction and re-
pair of any and all works necessary TO
the completion. maintenance and repair
of snch water works.
The licensee shall divert no water
draining towards Waimea nor in any
way interfere with the source of any
water supply of Waimea: the waters
hereby authorized to he diverted being
confined solely to waters on the water
shed draining from the Eohala mountains
in a northeastern direction. The gov
eminent of the Territory of Hawaii shall
fix the dividing line between the Waimea
watershed and the kohala watershed here
inbefore described. IL being expressly I'M
derstoOd and agreed that should any
swamp existing near such dividing line
the waters of which NAV be deemed by
the government to affect in any degree the
water supply of Waimea such swamp
shall be excluded from the Kohala water
shed and its waters shall not be divert
ed by the licensee.
The licensee shall not diminish the sup
piy Of water now being used benefieially
in the Waipio and Honokane valleys or
on the Kohala watershed above defined.
From the date hereof a license fee In
the sum of $1,000 per annum during the
terms Of construction shall be paid by
said ficensee to the government Of the
nual instaIiments OF $500. and after the
termination of Eve years the said iieen-
see shall pay an annual rental TO said
government Of $1,000 and FIVE per cent
Of the gross revenues received BY him
from the sale OF said water provided that
in no event shall the annual rental sitter
said ave years aggregate less than $500
At the end OF IS years from the date here
Of. the annual compensation to be paid 20
the government BY the iicensee shall be
readiusted by arbitration. as hereinhefore
provided for the rest Of the said period
Of % years. After the end Of FIVE years
the iieensee shall file quarterly with the
Commissioner Of Public Lands an ac-
count Of the receipts and disbursements of
the said enteFnrise
The said iieensee shall furnish water
from the bitches. fumes and reservoirs
CONSTRUCTED for the conservation OF cor
veyanee Of water TO eorernmenf home.
steaders anoiying therefor for domestic
purposes a uniform rate, 70 be fixed
and s~reea upon BY the Commissioners OF
Public Lands and aid licensee onee ererv
70 wears. nroTiseii that IN case Of failure
Of said ieensee aud Commissioner n
assee, the rate shah Be fixed By aFbfsra-
ton and until sneh time a. the rates
mas 3 agreed uEsou or ixeS. the iieensee
u,ay eharge ssarh rates as aprear 10 him
a. reasonable IN the premises
IN sike manneF the lscensse shaii fur
nISh water 60 al government homestead
RS applying fer The sane for agricultural
purposes. at - low RATE 81 il shah sell
wAfer . any private person Or oorfsora-
fion- Ia furnishing Wafer 70 hn.nasfead.