The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-17
.DEAIH OF MARSHAL RAY A VAST WATER SCHEME.
EXECUTIVE COUNCIL DRAFTS 4
CONTRACT.
Subject to the Approval of Interior De-
partment at Washington-Condit
Imposed and Rights Granted.

The $2,50O,0OO water scheme for the
island of Hawaii which has had the
attention of the Executive Council for
several days, has at last taken definite
shape in the form OF a preliminary
draft of a contract for the water rights
desired by Col. j. w. Jones and those
who are associated with him. The con-
tract as so tar decided upon is the re-
suit of many conferences between the
Governor and heads of Departments,
and those interested in the scheme. 1t
grants vast water rights to the licensees
ana demands that they supply a large
area of territory with water for all
kinds of purposes. If the contract is
finally entered into, a corporation will
be formed to construct an immense wa
ter system furnishing thousands of
acres of land and, in all probability, a
large population of homesteaders, with
water from the billions of gallons that
are going to waste in the water sheds
of the KOhala mountains.
The details of the plan as far as they
have been settled upon, all subject to
the approval of the Secretary of the
Interior, at Washington, are shown IN
draft of the contract which is being
considered by both sides, as well as by
number of local sugar factors who are
interested. 1t is as follows
Upon the terms and conditions here
in stated a land license for the period
or 99 years from the date hereof is
hereby granted to John Walter Jones
of bonolulu, Island of Oahu, Territory
of Hawaii, to collect, conserve, i'm
pound and divert all water. not to ex-
ceed 20 billion cubic feet per annum,
upon and from all government lands
situate on the Island of Hawaii, of said
fHaFritnrN in a
ly direction from and including Waipio
valley in the District of Hamakua, to
Honokane Gulch in the District of Ko-
hala and extending mauka from the
sea to and including the tracts of land
known as Puukapu and Kawaihae 1st,
hereafter called the water shed, subject
to vested rights in such waters of pri-
vate parties, and to sell such water for
irrigation, domestic use and develop
ment of power and other purposes, and
to use such water for the purposes of
carrying on this enterprise, and for the
further purpose of developing power
for sale, such further use to not mater
tally reduceEthe amount of water avail
able for irrigation; and for the proper
collecting, conserving. impounding and
diverting of such water and for the
conveying, delivering and sale thereof,
to construct reservoirs, dams, i'm
IuTlnelS, ultcn-
es, feeders, waste-ways, fumes, invert-
ed sphons, pipe lines or any other
works necessary or convenient for the
confining and carrying water upon,
through, along or under any of such
government lands in the watershed
and any government lands in the dis
tricts of North Kohala and Hamakua
across which it may be necessary to
| carry such water. The plans for the
construction of and location of such
water works to be subject to the ap-
| proval of the Superintendent of Public
| Works in his reasonable discretion.
The construction of such water
works shall be begun within two years
from the date hereof and within FIVE
years from said date the said licensee
shall be prepared to deliver to custom
ers such waters either in the District
! of North Kohala or the District of
| Hamakua exclusive 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 govern
| ment lands, such as earth, rocks, and
trees may be freely used by the said
licensee without charge therefor on the
| part OF the government, for the con-
| struction and repair of any and all
works necessary to the completion,
maintenance and repair of such water
works.
From the date hereof a license fee
in the sum of $1,000 per annum during
the term of construction shall be paid
| Dy SAID Hcensee to the government of
the Territory of Hawaii, i'm equal semi
annual installments of $500 and after
the termination of years the said Ii
| censee shall pay an annual rental to
said government of $1,000 and per cent
| or the gross revenues received by him
| from the sale of said water provided
that in no event shall the annual rental
atter said years aggregate less than
$500. AT the end of 50 years from the
date hereof, the annual compensation
TO be paid to the government by the
lloensee shall be readjusted by arbitra-
tlon, as hereinafter provided, for the
| rest of said period of 80 years. After
the end of years the licensee shall
file quarterly with the Commissioner
OF Public Lands an account of the re-
celpts and disbursements of the said
enterprise.
The said licensee shall furnish water
from the bitches, fumes and reservoirs
constructed for the conservation or
conveyance of water to government
homesteaders applying therefor, for
domestic purposes at a uniform rate to
De h&ed and agreed upon by the Com
missioner of Public Lands and the said
llcensee once every ten years, provid-
ed that in case of failure of said licen-
see and Commissioner to agree the rate
snail be fixed by arbitration, and until
such time as the rates may be agreed
upon or fixed, the licensee may charge
such rates as appear to him as reason
able in the premises.
In like manner the licensee shall
furnish water to all government home
steaders applying for the same for
agricultural purposes, at as low a rate
as it shall sell its water to any private
person or corporation. In furnishing
water to homesteaders for domestic or
agricultural purposes as aforesaid, the
| licensee shall furnish such water at
such points of the bitches, fumes or
reservoirs as shall he reasonably con-
venient to such applicants. The word
| 'hOmeStpadppS' in This tnstrIln1ant In II