The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-01-15


proved by the Superintendent of Pub
| lie Works and the Commissioner OF
Public Lands, or such other officer u.
| the Governor may direct. before tn,
| construction shall be commenced by
| the licensee.
No Exclusive Right.-Ths license
shall not be construed to confer any
exclusive right in the waters of the
| said Kohala Watershed to the licensee
but the licensee shall have a right
| under this instrument, for the period
herein granted, only in so much OF said
waters as he or they shall be the first
| one to appropriate and use for the
beneficial purposes herein set forth
and for no other. 1t shall not in any
way attempt to develop water in said
Kohala Watershed by means OF drains
bitches or tunnels, but the licensee s
rights are strictly limited to the sur
face water flowing in the natural wa
ter-ways. and the combining. conveying
and the use of the same as herein set
forth.
Delivery of Water.-The licensee
shall furnish water to all consumers
demanding the same from the bitches.
! fumes, reservoirs and tunnels con-
structed for the conservation or con-
veyance of said water. giving prefer
ence first, 10 private parties, for do
nestle purposes and uses. second to
homesteads for agricultural purposes
and third for agricultural purposes in
general.
Further Delivery of Water.-In fur
nshirg water to all consumers. for do
agricultural nv. 9TH
the licensee shall deliver such water It
such points of the bitches. fumes and
tunnels as shall be reasonably conven-
lent to such consumers. Should any
case of dispute arise between said IL
censee and consumer as to the point of
delivery, the same shall be settled by
arbitration, as hereinafter provided.
Charges for Water-For all water
supplied to consumers for domestic
uses and purposes, a uniform rate of
charge shall be maintained. Such
rate shall be fixed by the licensee with
the approval of the Commissioner of
Lands at the date of the license, and
revised and predetermined by the same
parties at the expiration Of each five
years from the date of the license I'M
til it's final determination.
Homesteaders are to be charged "as
low rate as is charged to any other
consumer for agricultural purposes"
Homesteaders.-The word homestead
ers, as used in the license, shall mean
all persons, or their heirs and assigns.
holding from the Government of either
the Territory or the United States; or
from special agreements of sale under
the Land Act of 1895 and its amend
ments; or from kuleanas held under
Land Commission Awards or Patents.
Other Applicants-All other appli-
cants for water, who are in possession
of lands conveniently accessible TO wa
ter from the bitches, fumes, pipes, tun-
nels or reservoirs built and constructed
by the licensee, shall be equitably sup
piled at reasonable rates.
Protection of Forests.-The licensee,
must build fences wherever deemed
necessary by the Commissioner of
Lands or other officer designated by
the Governor, to protect the forests
from cattle or other animals, and shall
make all reasonable efforts to prevent
and extinguish all forest or brush fires
within the Kohala watershed.
insufficient Supply.-If the licensee
shall, at any time during the contin-
uance of this license. be unable to sup
ply all its consumers with the full
amount of water required by them. be-
cause of insufficiency of water under
its control, then such water as shall
at such time be under the control of
the lcensee. shall be, by arbitration,
apportioned equita5ly among the va
rious consumers, so long as such In
sufiiciency of water shall continue.
Oficials.-Changes of names of OFF,
Gals, through change of government,
shall not affect the license.
Ownership of Water.-The licensee
hereby admits the ownership of all
water mentioned in this license to be
In the Territory of Hawaii, and agrees
that no rights shall accrue to the Ii
censee through the use of the said wa
tiers by way OF prescription, beneficial
use or otherwise after the termination
Of this license.
Acceptance of License.-The license
Is to be accepted by endorsement of
the licensee and the payment of the
first annual fee of $500.
Payments-All payments of moneys
nut W the ltTIltOTy SlidIl NC iIdue W
the Commissioner of Public Lands.
Weirs.-The licensee must construct
weirs i'll all its bitches. so
as to measure the water from public
lands in distinction from water OBJ
tanned from private sources.
Bridges and Fences.-The licensee
must construct bridges across it's
bitches intersecting public roads and
fences, wherever required by the Com
missioner of Lands. II this Ia neg
ected the Commissioner may do the
work at the expense of the licensee, to
be Immediately paid to the Territory. |
Repairs and Additions.-The Com |
missioner of Lands may require the IL
censee, at Its own expense, to make |
such repairs and additions as may in |
his judgment be necessary to prevent |
injury to life, or damage to public or |
private lands. II not done by the u |
rensee, the Commissioner may make |
ztich ranoire and additions at the IL