The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-01-15
.KOHALA WATER LICENSE
AS FINALLY REVISED
The Licensee Must Pay Minimum Annual Tribute
Of standardization Of Homesteaders
and Small Consumers.

Governor Carter yesterday passed
upon the final draft Of the Kohala wa
ter license, made by Attorney General
Andrews after consultation with him.
An abstract Of the document Is here
with given. Portions closely affect
ing public interests in the distribution
of the water are printed in full, while
the technical details of terms and con-
ditions are condensed.
ABSTRACT OF LICENSE.
Whereas the surface waters that are
now running to waste from the noun
tain watersheds in the District of Ko-
hala on the Island of Hawaii, can be
used to the advantage and benefit of
the residents of that District, and Of
the Territory of Hawaii, IL diverted
from their natural channels, for do
mestic, homestead, agricultural and
other purposes, and such diversion and
increased use of these waters cannot
fail to increase tine prosperity of the
people residing there. as we'll as the
wealth of the island through a greater
value for it's lands. and a larger output
from it's soil, the productiveness of
which is the mainstay of this Territory.
Following the preamble is the grant
ing clause, wherein James w. Pratt,
Commissioner of Public Lands, in con-
sideration of the premises and of $500,
does grant unto the party who obtains
the license, for the term of fifty years,
"all the running natural surface wa
ter upon and over all the government
lands on the Island of Hawaii, bounded
as follows:
Boundary.-Bounded on the north by
the sea, on the east by Waipio Valley,
on the south by Waipo Valley, and the
boundary line between the lands of
Laupahoehoe |. and H., Nakooka,
Aqua, Waikapu and Honopue on one
side, and the lands of Puukapu and
Kawaihae l. on the other side, until
such boundary line reaches an eleva-
ton of 1900 feet, from which point
the contour line of 4,200 feet elevation
shall form the balance of the boundary
of, the south. and on the west by the
lands of Honokane and the private
lands of'Awini, the whole of such area
being hereafter called the Kohala Wa
tershed.
Objects-The licensee is authorized
to sell such water for domestic uses,
irrigation and other purposes" and
to construct the necessary works for
carrying the water across Government
lands.
Construction.-The licensee is to con-
struct it's works so as to deliver water
TO consumers upon the following lands:
LIST. For domestic and agricultural
purposes at any point between the
land of Honokane Xxi and the Western
boundary of Hawaii, within two years
of the date of this license.
End. Shall deliver water to all con-
for any purpose whatsoever,
within a period of three years from the
date of this license, at any point with
in the District OF Honokane Xxi and
II.
Bird. Within a period of four years
from the date of this license will COM
plete the construction of its lines and
deliver water to ali consumers between
The District of Horokane Xxi and Wal
raru, and between the Western boun-
larry of Hawii and the land of Hawai-
nae I.
That any failure by the said licensee
20 complete any of these lines within
he specified time shall act as a for
'eiture of all right of said licensee to
'urther extensions along the line where
such failure occurs.
Dealing in Lands.-The licensee
agrees that it will not buy. sell, lease
n otherwise deal in real estate, beyond
ha Of 70 h,,S
Inder the license, upon penalty of
forfeiture of the license.
Compensation and Taxes.-A fee of
800 is to be paid on the issuance of the
license and on the corresponding date
If each year thereafter an additional +
zee of $500. In addition to such an |
lual fee of $500 the licensee agrees to
Jay each and every year a percentage
at present left blank of all the gross
evenues received by the licensee,
from all sources whatsoever" but in
10 event, after the expiration of two
ears from the date of the license, shall
he percentage received by the Terri
DRY be less than $25O0 during each
nd every year, regardless of whether
UGH $4,000 Is in excess of the percent
ge agreed upon or not.
And during the term of the license
he licensee shall also pay all taxes, of
whatever kind or nature, assessed by
he Territory or any subdivision there
#, upon the lands and properties of
he licensee; and nothing stated, ex-
ressed or implied in the license shall
e deemed to exempt the licensee from
he payment of such taxes; and any
allure on the part Of the licensee to
omply with the terms of this section
hall act as an immediate forfeiture of
he license.
ACCOMPLISHMENT accounts Of the
fairs of the iicensee are to he rem
cred not later than February 10, such
counts to be sworn and classified,
howing the actual cash received as
yell as disbursements. The Auditor
r such officer as the Governor may
esignate is to have free access to the