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

| lie Works and the Commissioner of
! Public Lands, or such other officer as
| the Governor may direct. before the
| construction shall be commenced by
the licensee.
| No Exclusive Right.-This license
shall not be construed to confet any
/ exclusive right in the waters of the
| said Kohala Watershed TO the licensee,
| but the 1icensee shall have 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. It shall not in any
way attempt to develop water in said
/ Kohala Watershed by means of drains,
| bitches or tunnels, but the licensees
| 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
5, 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, TO 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
nishirg water TO all consumers. for do
nestle, agricultural or other purposes.
the Iicensee shall deliver such water at
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 Ii
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
I'll it's final determination.
Homesteaders are to be charged "as
low a rate as is charged to any other
consumer for agricultural purposes"
Honesteaders.-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.-A1l 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 1icensee, 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 extingIish 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 licensee. shall be, by arbitration,
apportioned equita5ly among the va
rious consumers, so long as such in
suficienqy of water shall continue.
Oficials.-Changes of names of Off
cfals, through change of government. /
shall not affect the license.
Ownership of Water.-The ncensee
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 IL
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 Lioense.-The license
is TO be accepted by endorsement of
the Icensee and the payment of the
first annual fee of $500.
Paynents.-All payments OF moneys
due to the Territory shall be made to
the Commissioner OF Public Lands.
Weirs.-The licensee must construct
measuring weirs in 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 icensee
must construct bridges across its
bitches intersecting public roads and
fences, wherever required by the Com
Lands. If this is neg
lected 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. If not done by the IL
censee, the Commissioner may make
SUCH repairs and additions at the IL
censee's expense, payable on demands
Surrender of License-At the end of
80 years all the rights acquired and i'm
made by the iicensee shall
be surrendered to the Government of
the Territory.