The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-18

odSlA water IOl lIliSdtiOli, iO.iltStit use
and development OF power and fother
purposes. ana 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
materially reduce the amount of water
available for irrigation; and for the
proper collecting, conserving. impound-
ing and diverting of such water and for
the conveying, delivering and sale there
OF to construct reservoirs, dams, inn
pounding entertainments, tunnels, bitches,
feeders, waste-ways, fumes, inverted
siphons, pipe lines or any other works
necessary or convenient for the combining
and carrying water upon, through, along
or under any of such government lands
in the watershed. and any government
lands in the districts 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 waterworks to be subject to the APP
prevail of the Superintendent of Public
Works in his reasonable discretion.
The construction of such waterworks
shall be begun within two years from the
date hereof and within five years from
SAID date the said iicensee shall be pre-
pared TO deliver TO customers such wa
tiers, either in the District of North Ko-
hala or the District of Hamakua, exclu-
sive of such time may be lost by liti-
CATION 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
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 waterworils
! From the date hereof license fee in
the sum of 81. 600 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 installnents Of $500 and after the
| termination of five years the said licen-
see shall pay an annual rental to said
government of $1,000 and five per cent
I of the gross revenues received by him
| from the sale of said water, provided
| that in no event shall the annual rental
| after said five years aggregate less than
| 81 500. AT the end of fifty-fve years
| from the date hereof the annual com
pensation TO be paid to the government
by the licenSee shall be readjusted by
arbitration, 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 &C
| count of the receipts and disbursements
of the said enterprise.
The said ncensee shall furnish water
| from the bitches, fumes and reservoirs
constructed for the conservation or con-
veyance of water to government home
| steaGers applying therefor for domestic
! purposes at a uniform rate to be fixed
and agreed upon by the Commissioner of
n, 1 4 ..,i.l
| 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
licensee may charge such rates as APP
pear to him as reasonable in the prem
ises.
In like manner the licensee shall fur
nish water to ali government homestead
| ers applying for the same for agricul-
| turai purposes, at low rate as it
| shall its water 10 any private person or
corporation In furnishing water 10
homesteaders for domestic or agricui-
| tural purposes as aforesaid, the licensee
| shall furnish such water at such points
of the bitches fumes or reservoirs ss
| shall be reaonably convenient to such ap-
| plicants. 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
| agreements. Puukapu leases or especial
agreements of sale under the Land Act o;
1898.
| All other applicants for water who are
in the possession of lands conveniently
! accessible to water from the bitches
fumes pipes or reservoirs of the licensee
shall be equitably supplied by him al
uniform and reasonable rates for the
water supplied at each ditch
The licensee without expense to tbs
government shall take all reasona BILE
steps and make all reasonable efforts tC
preserve the forests and trees growing
upon said watershed, and particularly
shall construct and maintain cattle
proof fences on the Unbiased portions OF
government lands, and hereafter upor
such government lands in the said water
sheds as are now leased Immediately
upon the termination of such leases ant
as long as they shall remain Unbiased
wherever such fences may be necessary
to protect the forests from cattle ant
shall make all reasonable efforts for tn.
determination of all wild animals within
the said forests and shall make all rea
sonable efforts TO prevent and extinguisl
all forest fires or bush fires within tn
said watershed.
!. If the Hcensee at any time during th
continuance of this license shall be un
able because of an insufficiency of waite
under its control to supply all its Gus
toners with the fun amount of waite
required by them, then such water a
: shall at such time be under the contro
} of said license shall be by arbitration
| apportioned eauitably between the sew
, eral customers long such inabilit,
of the licensee shall continue.
All arbitration herein. provided for shall
be made by three disinterested persons
! one selected by the Commissioner of Pub
: lie Lands, one selected by the licensee
) and one selected by those two; the deci
= sion of any two to be final and binding
I, upon the parties interested. The expens
of such arbitration shall be divided equal
~ between the Commissioner of Publ
Lands and the licensee.
At the end of ninety-nine years fror
the date hereof the licensee shall sur
t frender to the Territory of Hawaii a.
2 rights acquired under this license, an
: all improvements constructed unde
p the terms hereof by said hcensee, and a
! rights and improvements acquired b
him on the lands of third parties for tn
conservation, conveyance or delivery o