The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-18

pcses - afexeszid- sAe lieeasee shall sur
nfsh sueb x2rer AZ sleh points ot TIE
d5sekes fumes 81 reservoirs IS shzA Be
reasonably convenient ID such applicants
he word -hoaesteaserS in this i1srra-
ment shaiI mean al persons OF tAsiK hsixS
or assigns holding land from the Govern
nent under homestead ieases. right of
purchase leases, freehoId agreements. P0u-
kapu leases or special agreements OF sale
under the Land Act of 1898.
All either applicants for water who arr
IN the possession OK lands conveniently
accessible 70 water from the bitches.
fumes pipes or reservoirs OF the license
shall he supplied By him at uniform rates
for the water supplied At each ditch.
huue, reservoir. etc
The Iiesnses. without expense to the
Government. shall 4ske ali reasonable
steps and make ell reasonable efforts TO
preserve the forests snd trees growing
upon said watershed. and particularly
shall construct and maintain eatfre-pr0of
fences on the Unbiased portions of Cor
eminent lands. and hereafter upon such
Government lands In the said watersheds
as are now leased Immediately upon the
termination of such leases and 50 long
as they shall remain Unbiased. wherever
such fences may be necessary 70 protect
the forests from cattle and shall make all
of all Wild animals within the said for
ests. and shall make ell reasonable effort
TO prevent and extinguish al forest or
bush fires within the said watershed.
If the iicensee at any time during the
continuance of this license shall be unable
because of an insufhciency of water under
its control TO supply all its customers
with the full amount OF water required
by them. then such water as shall at such
censee shall be by arbitration apporrioned
equitably between the several customers
so long as such inability of the lieensee
shall continue.
All arbitration herein provided for shall
be made BY three disinterested persons. one
selected by the Commissioner of Public
Lands. one selected BY the licensee aud one
slected by those two: the decision of any
two to be final and binding upon the par
ties interested. The expense of such arr
bitrations shall be divided equally be-
tween the Commissioner OF Public Lands
and the licensee
At the end of ninety-nine years from
the date hereof the licensee shall surreR-
der to the Territory of Hawaii all rights
acquired under this license and all i'm
pr0yements constructed under the terms
hereof by said licensee. and all rights ac-
quired by him on the lands of third par
ties for the conservation. conveyance or
delivery of the waters from the lands
aforesaid.
II is hereby understood and agreed that
the licensee shall, within FIVE years from
this date. organize a corporation under
the laws of the Territory of Hawaii to
construct and operate the said proposed
water works under this license. which
shall be deemed public corporation, and
shall thereupon surrender to the Govern
| ment of the Territory of Hawaii and can
eel this license, and that the Government
of the Territory of Hawaii shall thereupon
issue to such corporation a license of like
tenor herewith. granting to such corpor-
alton the same rights as are hereby grant
ed. but not extending the beginning of the
| said term of nInety-nine years beyond the
| date fixed in this instrument nor extend
| ing the term of construction.
Such corporation shall not be empow-
cred by its charter to enter into the bust
ness of buying or selling or otherwies
| dealing in real estate or Of agriculture.
nor shall it buy or sell or otherwise deal
| IN real estate beyond the direct necessi-
| ties of its business of conducting the en-
terprise of developing, conserving convey.
| ing and selling water, and making the linn
/ tied use thereof as hereinbef0re set forth.
nor engage in agriculture
Nor shall an owner or owners of stock
in the said corporation representing a
controlling interest therein. engage as a
corporation. partnership. combination or
individual. in the business of buying and
selling or otherwise dealing in real estate.
Or in agriculture. in such parts of North
| kohala. South Kohala and Hamakua, on
| said Island of Hawaii, as may be supplied
with water from the water works of the
said corporation.
This license shall be forfeited.
/ 1) If the corporation last above men
toned be not legally formed and sorgan-
lied within five years from the date here
Iof.
(2l If actual construction shall not be
begun within two years from the date
hereof.
| t3) If the delivery of water to custom
ars within either the District of North
kohala or the District of Hamakua shall
not have begun within FIVE wears from
said date or
t4) At any time within the said tern
the licensee fails substantially to carry
out the stipulations made by him in this
Instrument
It is hereby understood that where tbs
words Superintendent of Public Works
and Commissioner of Public Lands ar.
used in this instrument the agreement
IN case OF a change of government By
which the names of such officials becom.
changed they shall apply to such official.
as shall represent substantially the dutie.
and authorities respectively of the Sup
Ierintendent of Public Works and the Com
missioner of Public Lands.
4 This license is issued subject 10 th
approval of the Secretary of the Interior
and shall be valid only upon such approx
al and the date of such approval shall b
the date of this license for all purposes.