The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-17
B VAST WATER SCHEME.
CONTINUED from page one.l

- INV Hb'Stb SNoSs'NS
Continued from page one.)
Puukapu leases or special agreements !
of sale under the Land Act of 1896
"All other applicants for water who |
are in the possession of lands convent
entity accessible to water from the
bitches, fumes, pipes or reservoirs of
the licensee shall be equitably supplied
by him at uniform and reasonable rates
for the water supplied at each ditch.
"The licensee without expense to the
government shall take all reasonable
steps and make all reasonable efforts
to preserve the forests and trees grow
ing upon said watershed. and particu-
larry shall construct and maintain cat
tle-proof fences on the Unbiased por-
tons of government lands and here Z
after upon such government lands in
the said watersheds as are now leased
Immediately upon the termination of
such leases and so long as they shall
remain Unbiased, wherever such fences
may be necessary to protect the forests
from cattle, and shall make all reason
able efforts for the determination of all
wild animals within the said forests
and shall make all reasonable efforts
to prevent and extinguish all forest
fires or bush fires within the said
watershed.
IF the licensee at any time during
the continuance of this license shall be
unable because of an insufIiciency of
water under it's control to supply all
its customers with the full amount of
water required by them, then such wa
ter as shall at such time be under the
control of the said licensee shall be by
arbitration apportioned equitably be-
tween the several customers so long as
such inability of the licensee shall con-
tinue.
"All arbitration herein provided for
shall be made by three disinterested
persons, one selected by the Commits
sioner of Public Lands, one selected by
the licensee and one selected by those
two; the decision of any two to be final
and binding upon the parties interest
ed. The expense of such arbitration
shall be divided equally between the
Commissioner of Public Lands and the
! licensee.
AT the end of SO years from the date
| hereof, the licensee shall surrender to
the Territory all rights acquired under
| this license and all improvements con-
| structed under the terms hereof by said
licensee, and all rights and improve
ments acquired by him on the lands
of third parties for the conservation,
conveyance and delivery of the waters
! from the lands aforesaid.
1T is hereby understood and agreed
! that the licensee shall within five years
! from this date organize a cor
poration under the laws of the Terri
! tory to construct and operate the said
proposed water works under this Ii
cense, which shall be deemed a public
! corporation, and thereupon surrender
| to the Government of the Territory and
| cancel this license, and that the govern
| ment of the Territory shall thereupon
! issue to such corporal ton license of like
/ Ia
poration the same rights as are hereby
granted but not extending the begin
ming of the said term of 80 years be-
yond the date fixed in this instrument
| nor extending the term of construction.
such corporation shall not be em-
powered by its charter to enter into
| the business of buying and selling or
otherwise dealing in real estate or of
| agriculture nor shall it buy or sell or
otherwise deal in real estate beyond the
! direct necessities of its business of
conducting the enterprise of developing,
lconserving, conveying AMI selling Ter,
and making the limited use thereof as
| hereinbefOre set forth, nor engage IN
| agriculture.
Nor shall an owner or owners OF
stock in the said corporation represent
ing a controlling interest therein, en-
| gage as u corporation, partnership,
combination or individual, in the busl-
ness of buying and selling or otherwise
dealing in real estate, nor in agricul-
ture, in such parts of N. Kokala $.
Kohala and Hamakua on said Island of
! Hawaii, as may be supplied with water
from the water works of the said cor
poratiOn.
This license shall be forfeited:
Il. If the corporation last above
mentioned be not legally formed and
organized within five years from the
date hereof.
49, If actual construction shall not
be begun within two years from the
date hereof.
"3. If the delivery of water to Gus
toners within either the district of
! North Kohala or the district of Hama
kua shall not have begun within years
from said date, or
"a If at any time within the said
term the licensee fails substantially to
carry out the stipulation made by him
in this instrument.
This license is issued subject to the
approval of the Secretary of the In
terror, and shall be valid only upon
81 such approval, and the date of such
approval shall be the date of this Ii
cense for all purposes"