The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-07

other the Rbon dam the office Of the latter being divert
rgate lands the Eva side OF the man srea anu
of the former divert to irr1gate LANDS Oh Tue
side 1t agreed by the parties herein that the Janus o W
compliments the Eva side of the stream are enteo 10 Tue
flowing ditch leading from the Bishop DAM TINS
ditch being hereinafter called Ditch A, every night from
NJ and further Mondays, Fridays and Saturdays
o'clock noon to NJ and subject only to the clam
hereinafter stated undspued in this that the respond
ents lands the Waikiki side of the stream are entitled at all
times to the water flowing in the ditch leading from the Paauh
dam, hereinafter called Ditch B.
The conpainants claim that land the Waikiki
Eemakue land entitled to water indirectly
from Ditch b w.t. from the respondents patches known as
the Napu thereby and adjoining the Eemakue
land the mauka SIDE and that the respondents cannot law
fully divert water Ditch back into the main stream
or otherwise before the Eeakue land has been supplied
Respondents other hand absolutely deny that the ELENA
land to any from the Napua land or from
Ditch B. and say that the ancient right OF the Eeaue
land from premises the East Manoa road
known the Bill Bray land.
main point in controversy the is this: the
respondents right of the Napua and other lands
watered by Ditch take from the stream at the Paauhi
dam all the which such lands require for irrigation
purposes irrespective of whether not much little
past dam after such DIVERSION while the
claim of the companant that firmly mbedded in the stream,
in the line and part of the Paaluh dam large and
we'll known rocks and that it has been the custom from time
mmemora and the right Of the lands wateed by Ditch A
have the space between the two rocks kept that
portion only of the flowing the above the dam
may be diverted side and the remainder flow down
the until reaches the Bishop dam and diverted into
Ditch A. During the period of drought which Immediately
preceded and gave the litigation the respondents
while apparently admitting the compainants right
times from Ditch A. nevertheless all times, except
their the respondents) lands entitled
from Ditch A. filled the between the referred to
and diverted practically all the the through
Ditch B, thus eecualy deprvng the compliments of all water
excepting only suchan nconsderable quantas reached
the by seepage through the upper through the
banks of the
First the right of the Eemakue The
den upon the compliments establish by preponderance of
the evidence the right claimed by them To length
and in detail the evidence adduced
say Our conclusion that the compliments have estab
hed by pepondernce of the evidence that the land que
ton has acquired by prescription otherwise the right
from Ditch through the Napua land occupied by the
respondents The evidence is conflicting uncertain and
satisfactory permit justify finding this point favor
of the compliments.
AS to the respective rights of the parties
We find from the evidence that from immemora the open
ing between the in the Paluh dam above men
toned and existing the time this Court visited the locality
last January substantially like that referred
to- has been maintained by the parties interested in the
rights that point Likewise believe from the evidence
that the Paauh ditch has been maintained from mmemo
rial substantially time of said visit Excepting
only at very intervals Manoa has always been valley
favored with rainfall amply sufficient the needs of
lands for purposes of irrigation and the Paauh ditch also
the both above and below the Paauh DAM
had supply of sufficient for the lands irrigated thereby
There have been in times past occasions when the rainfall
plentiful and when consequence the supply of
in the somewhat low. Credible evidence has
introduced which tends show that whenever such
attempts made close the opening in the Paaluhi
and thus divert than the proportion of
through the Paauh DITCH such attempts met by forcbe
physical resistance the part of lower andholder It
disputed however, that by far the serious drought which
has occurred Manoa that of which Immediately