The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-20

orably reported to the House by the
Committee on Territories. 1t was not
the bill introduced by Delegate Wilcox
but bill redrawn by Representative
Powers OF Maine. giving general au-
thority for granting right of way. ac-
cording to statements in my previous
dispatches.
4 BILL
Granting to the Hawaii Ditch Co.
Ltd. tine right OF way in the dis
tricts OF North and South Kohala,
in the Island OF Hawaii. for the
purpose Cf constructing and main
tanning bitches or canals and the
necessary reservoirs, dams, and the
like. for irrigation and domestic
purposes In said districts.
Be IL enacted by the Senate and the
House OF Representatives, OF the Unit
ed States OF America in Congress as
SerIbled. that the Hawaii Ditch Co.
Ltd. a corporation duly organized un-
der the laws OF the Territory of Ha-
wall. its successors and assigns. b..
and Is hereby. granted the right OF
way to- construct and maintain two
bitches. To be known as the Upper ko-
hala Ditch and the Lower kohala
Ditch. through and over the public
lands in said Island OF Hawaii. Terri
tory Of Hawaii. within the following
a.
the uOrtn by the sea, on the east by
waipiO Valley and the summit sepa-
rating the Waimea watershed from the
Kohala watershed. on the south BY
the summit OF the Kohaia Mountains.
and on the west by Poluiu Cullen, said
area being known as the kohala wa
tershed. and through. over, and upon
such other public lands i'm the districts
OF North and South Kohala and Hama
kua as may be necessary to properly
supply the consumers of water, ana
for the conservation and utilization OF
waters now running to waste into the
sea: also the right to construct ana
maintain reservoirs. dams, impounding
embankments. tunnels, feeders. water
ways. fumes. inverted siphons. pipe
lines or such other works as may be
necessary 10 conserve ana convey the
waters of the Kohala watershed along
or across said public lands. Said right
Of way shall be TO the extent of the
ground occupied by such bitches or
canals and reservoirs and their later
ais and fifty feet on each side OF the
marginal limits thereof. The Hawah
Ditch Company is also granted the
right To take from the public lands ad-
facent TO the bitches or canals and res
eryoirs such earth and stone or other
material as may be necessary Tor the
construction of the same
Sec. >. That this right of way
through the public lands Is granted
subject TO all the conditions and re-
quirements OF the act Of March 3, 1sOl,
chapter sol. sections is to p, inclusive.
And the Hawaii Ditch Company snail
comply with all the provisions OF said
act and be subject To all its limitations
and restrictions therein contained. eX-
cent as provided in section of this
bin. and also upon the further condi-
ton that the Hawaii Ditch Company
shall furnish 70 all persons desirous oil
using said water for irrigating purpos-
es such quantity as is reasonable Ior
fair price: and if the Hawaii Dltch
Company and any person or persons
desirous Of using said water shall not
be able Il agree as TO reasonable use
or fair price. then, on the request OF
either party. the District Court OF the
United States shall determine the same
and may change its decree from time
To time as may seem equitable and
just.
Sec. 3. That the work of construct
ing said ditches or canals and reser-
v1irs shall be commenced within two
Years and completed within SIX years
from the date OF the approval of this