Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-10-03

signCc the liccnsee corporation to the
Government of the Territory of Ha
wall in equal somi.annual instalments
Of $500 and after the termination of
four years the liccnsee corporation
shall pay an annual rental to said Gov.
Crnmcnt Of $1,000 and per cent of
the gross revenues received by him
from the sale Of said water, provided
that in no event shall the annual rent
al after said four years aggregate less
than $500. At the end of twenty
years from the date hereof. the annual
compensation to he paid to the Govern.
mcnt by the liCCnsco shall be readjust.
cd by arbitration. as herein after pro
vidcd. for a further period Of fifteen
years. and AT the end of thirty.fve
years such annual compensation shall
be again rCadjusted in the same man.
npr Tor the rest OF the said period Of
htty years. After the end of three
years the liCCuseC corporation shall :
file quarterly with the Commissioner
Of Public Lands a sworn account Of
the receipts and disbursements Of the /
said enterprise.
The liCcnscC corporation shall FUR |
nish water from the bitches, fumes |
and reservoirs constructed for the con.
scrvatiOn or conveyance of water to ,
Government hOmestcaders applying
therefor, for domestic purposes at a
uniform rate to be fixed and agreed
upon by the Commissioner Of Public
/ Lands and the licCnsee corporation
once every ten years. provided that in
| case of failure of the said liCensoe cor.
pOration and the Commissioner of
! Public Lands to agree, the rate shall
be fixed by arbitration. and until such
time as the rates may be agreed upon
or fixed. the liCcnscc corporation may
charge such rates as appear to him TO
be- reasonable in the premises.
I'm like manner the licensee Corpor.
alton shall furnish water to all Govern.
mcnt humcsteadcrs applying for the
same for agricultural purposes. at as
low a rate as II shall sell its water to
4 any private person or corporation. In
! furnishing water TO hOmcsteaders for
domestic or agricultural proposes as
aforesaid. the liCensee corporation
shall furnish such water az such points
OF the bitches. fumes or reservoirs as
shall be reasonably convenient to such
applicants. The word "hOmesteaderS"
in this instrument shall mean all per.
sons or their heirs or assigns holding
land from the Government under home
. stead leases, right Of purchase leases.
. freehold agreements, special agree.
+ ments Of sale under the Land Act OF
. 1895, or kulcanas held under Land
! Commission Awards.
"All other applicants for water who
> are in possession of lands convenient.
, ly accessible to water from the bitches,
l fumes. pipes or reservoirs of the H.
} Ccnsee corporation shall be equitably
supplied by II at uniform and reason.
able rates for the water supplied. The
. licensee corporation without expense
t TO the Government shall take all reas.
. enable steps and make all reasonable
0 efforts to preserve the forests and
! trees growing upon said Kohala water.
ehed, and particularly shall construct
t and maintain cattle.proof fences on the
, said Kohala watershed, whenever and
I. wherever such fences mayl In the
!. Judgment of the Commissioner OF
, Public Lands, be necessary to protect
r the forests from cattle, and shall make
, all reasonable efforts for the eXtermi.
, nation of all wild animals within the
, said forests, and shall make all reas'
= enable efforts TO prevent and extin'
guish all forest or bush fires within
r the said Kohala watershed.
4 IF the licensee corporation at any
: time during the continuance of this
i license shall be unable because of an
} insutflclency of water under its control
. to supply all its customers with the
I full amount of water required by them,
n then such water as shall at such time
S be under the control OF the liCensee
0 corporation shall be by arbitration ap.
portioned equitably between the sew
0 eral customers so long as such inabil.
ity of the licensee corporation shall
I continue.
3 "All arbitration herein provided for
: shall be made by three disinterested
n persons, one selected by the Commits
Q sioner of Public Lands, one selected by
J. the licensee corporation and one Sc
r lected by these two; the decision OF
;. any two to be final and binding upon
t the parties interested. The expense OF
J. such arbitration shall be divided equal.
ly between the Commissioner of Pub
: lie Lands and the licensee corporation
AT the end OF fifty years from the
e date hereof, the llcensee corporation
:. shall surrender to the Territory OF Ha'
@ wall. all rights acquired under this H.
u cense and all improvements construct.