The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-14

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
| T. T. Territory of Hawaii, if diverted
/ frca their natural channels, for do
| nestle homestead, agricultural and
| other purposes, and such diversion and
| increased use of these waters cannot
| fail to increase the prosperity of the
| people residing there, as well as the
wealth of the island through a greater
| value for its 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 rhe 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 Wafpio Valley. and the
boundary line between the lands of
Laupahoehoe l. and IL, Nakooka.
Aqua, Waikapu and Honopue on one
side, and the lands of Puukapu ard
Kawaihae l. on the other side, until
such boundary line reaches an eleva-
ton of 1920 feet, from which point
the contour line of 1900 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 licensee1 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:
1st. 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- |
sumers for any purpose whatsoever, |
within period Of three years from the |
date of this license, at any point with |
in the District Of Honokane Xxi and |
Laupahoehoe H.
Bird. Within a period of four years !
from the date of this license will COM |
p1ete the construction of it's lines and |
deliver water to all consumers between |
the District of Honokane Xxi and Wal |
manu-, and between the Western boun- |
Diary of Hawii and the land of Hawai- |
haze I.
That any failure by the said licensee
to complete any of these lines within |
the specified time shall act as a for |
fixture of all right of said licensee to
further extensions along the line where |
such failure occurs.
Dealing in Lands.-The hcensee
agrees that it will not buy, sell, lease |
or otherwise deal in real estate, beyond |
the direct necessities of its business
under the license. upon penalty of |
forfeiture of the license.
Compensation and Taxes-A fee of /
$500 is to be paid on the issuance of the /
license and on the corresponding date /
of each year thereafter an additional I
fee of $500. In addition to such an i
nuaI fee of $500 the ncensee agrees to |
pay each and every year a percentage
tat present left blank) of all the gross
revenues received by the licensee, /
from all sources whatsoever" but in
no event, after the expira ton of two /
years from the date of the license, shall /
the percentage received by the Terri /
tory be less than $4,000 during each /
and every year, regardless of whether /
such $500 is in excess of the percent |
age agreed upon or not.
And during the term of the license |
the licensee shall also pay all taxes, Of |
whatever kind or nature, assessed by /
the Territory or any subdivision there
OF, upon the lands and properties of
the licensee; and nothing stated, ex-
pressed or implied in the license shall /
be deemed to exempt the licensee from I
failure on the part of the 1icensee to
comply with the terms of this section /
shall act as an immediate forfeiture of /
the license.
Accounts.-AnnuaI accounts of the |
affairs of the .icensee are to be rem |
aere1 not later than February Is, such |
accounts to be sworn and classified, /
showing the actual cash received as
well as disbursements. The Auditor
or such officer as the Governor may
designate is to have free access to the /
books of the Iicensee at all times
Materia1s.-The 1icensee is given the |
privilege of using all earth, rock and
timber upon the lands in question,
necessary to the construction. mainte-
nance and repair of its works.
Vested Rights.-AH rights and privi-
leFes herein granted 70 the Hcensee are