The Hawaiian gazette., 1901-09-20

directly. in that the water would have
to be taken to Paauhau before 1t would
come directly to us. However / believe
| that in such a matter as the disposition
| of the watershed of the Kohala noun
tains there should be a thorough in
vestigation of the matters involved, and
the responsibility of the parties secur-
| ing the concession, which would be tied
up for Ave years by any license. This
| Is n matter involving millions OF dol
lars and need not be rushed"
Mr.. y. u. Atherton, of Castle
Cooke. said We did not commit our
selves to any course in this connection.
as we do not know what the conditions
down there are and cannot speak until
We have heard all about the feeling
in Kohala. L, is our intention to have
the managers OF that district hold a
meeting If possible and send us the
consensus of opinion as to the water
rights. We do not know what we shall
do but If we are not ready to present
our case next Monday we shall ask that
the matter go over again and that we
may be given all the time that we need
Personally I believe that the develop
ment of the watershed would be under
for the district. But to say what this
license would do would be impossible
now as / have not read 1t as yet"
The Bishop Estate is largely interest
ed in the license as for some months
there has been in the Kohala noun
tains an expert irrigation engineer
whose business II is with his corps of
assistants to survey the whole noun
tain side and the water courses and find
If practicable a way to place the water
of the great gulches upon the lands of
the viciRity. 1t is from this fact that
springs the principal objection of the
, trustees of the estate and museum to
, any action of the executive at this
time They do not know what may be
their rights in the premises and II is
their intention to fight against any
closing out of their matters before they
have a report from their expert, upon
which they may have an estimate of
y costs and advantages prepared.
While the application Of Col. Samuel
. Parker and his associates was with
drawn, there Is a belief that in fact the
two plans have been merged into the
= one which is being pressed. Col. Par
r ker saie yesterday that he had with
a drawn his application as the people
s who were pressing the present plan hac
come out with II wider scheme anc
y would have made II Impossible for hi.
l. concern to carry out all their plans
, The relation between the two plan.
;, was such. he said, that there would
be necessarily relations between th'
new corporation and himself, as th'
i. lessee of much of the lands which arr
to be affected by the water rights.
The history of the attempts to con
,r serve the waters of the Kohala noun
40 tains involves several surveys an
much trouble At one time a complet
la survey was made by Claus Spreckel!
ar and careful consideration given to tn
h. matter of the piping of water acros
ar to the Hamakua plantations. This wa
- abandoned and during the past decad
-. there have been several attempts
y. make the plan go, but it was not unit
~ the past year or so that anything wa
=. done. Then Col. Parker went in f
nj, the license and submitted an applicatio
re to Washington. which was sent bac
49,. here with the recommendation that II
80. plan be approved n the local otficia
- thought wise. Then II was that II
,is present corporation came into the fie
. and the battle between the two con
20 panies went on until now there is onl
-, one applicant, and the settlement seen
4, at hand.
l., AS bearing upon the case in por
a there Is an interesting question bein
-, raised by some of the men who hay
a, been investigating the land laws of th
-, Territory and the United States, an
oa who see in the Organic Act som
p, grounds for saying that even If tn
executive should decide that any col
,o poration should have the right TO Gel
OH tain waters, there is a question whetf
an er or not the supreme court would NJ
~. throw out any such compact ~ havir
~. no standing in law owing to lack of fu
-, Legislative enactment. This view
to taken by some of the best lawyers
h.. the city who believe that the enti
nv matter of lands in Hawaii will ha,
In to be taken up and given settlemei
,,t during the coming winter by Congress
vs The license for Col. Jones plan in fu
10 is as follows:
=. Upon the terms and conditions here
'e stated a land license for tne period
no ninety nine years from the date here,
ic- is hereby granted TO John Walter Jon,
Id of Honolulu, Island of Oahu. Territory
yer Hawaii, to collect conserve, impound ar
divert all water, not to exceed twen
mr. billion cubic feet per annum, upon al
,o from all government land situate on Il
W., Island of Hawaii. of said Territory. e
" "he tending in a northwesterly direction fro
ne and including Waipio Valley In the Di
trict OF Hamakua, to Honokane Gul,
m In the District of Kohsla. and extendir
ION mauka from tho sea to and including Il
led tracts of land known as Puukapu al
an Kawaihae LIST, hereafter called the wat
,, shed, subject to vested rights In SUI
ne waters of private parties. and to 81
''e such water for irrigation. domestic u
are and development of power and 9th
on purposes, and to use such water for I
ent purposes of carrying on this enterpri,
ion and for the further purpose OF developi
power for sale. such further use to Il
IN materially reduce the amount of wa,
available for irrigation: and for
" proper collecting. conserving, impour