The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-03-27

am clearly Of opinion that no perma.
nent disposition should be made OF
the water OF this reservation; but
that the right thereto should be re.
tanned as appurtonant TO the land:
and that the proper course to pursue
is for the government TO construct its
| own watcrworks, so as to insure an
adequate supply under government
control as well as the DEVELOPMENT
of sufficient electric power; that the
cost of such works should be met. in
the first instance, out of army appro.
priations, to be reimbursed out of the
proceeds of the leasing Of the surplus
water; and that provision should be
made that the government should
also be reimbursed for the cost of
maintenance Of such works from the
proceeds of the leasing of such sur
plus water"
The only authority for the leasing
of the surplus water Of the reserva-
ton is stated to be in the act of July
rs, 1892, which empowers the Secre-
tary of War in his discretion to lease,
for period of five years, such prop
erty of the United States under his
control as may not, for the time, be
required for public use. He therefore
recommends legislation to provide for
the leasing OF the surplus water OF
this reservation, at such rates and
on such terms and conditions, and for
such periods of time, not to exceed
twenty years, and with such provision
for periodical readjustment of rentals,
as he may deem just, equitable and
eXpedient; and for the occupation of
such lands of the reservation as he
may regard as necessary for the con-
struction and maintenance of works
for the purpose of diverting and con-
Quoting from the reservation water
covered by such lease or leases.
CAS- to the disposition of the reve-
nues arising from the leasing of the
surplus water of this reservation, in
excess of the amount necessary to re-
imburse the government for all ex-
penditures in the construction and
maintenance of the water-supply sys
TEN, two courses have been sug-
gested: One to deposit all revenues
into the Treasury of the United
States as miscellaneous receipts, and
the other to pay the surplus revenues
into the Hawaiian treasury. This lat
ter course is urged by the Delegate
to Congress from Hawaii, who takes
the view, which, in my opinion is en-
titled to consideration that when the
government reserves land for military
purposes, thereby acquiring water
rights in excess of those needed for
such purpose, it ought not to COM
mercialize the surplus in the interest
of the United States Treasury.
ION the other hand, it may be urged
that, as the water pertains to the res
ervation, the receipts from. the tenn
porary leasing of the surplus water
arising thereon and not needed for
military purposes, belongs to the Ma
tional Treasury, SO long as the reser-
walton retains it's status as a military
reservation, just as the receipts from
portions of reservations in the sew
eTal states of the Union, under the
said act of July 2S, 1892, are required
to be deposited in the United States
Treasury as miscellaneous receipts"
The Secretary encloses alternative
drafts of legislation desired, suggest
ing that the item be added to the
pending sundry civil bill, and makes
the following remarks in conclusion:
"As it is important that the water
system to supply the military post
should be contracted at an early date,
and as the failure to enact legislation
for the disposition Of the surplus
water of this reservation will leave
the Wahiawa Water Company, Ltd,
in possession Of the water without
obligation to pay for the same, it is
believed that early action should be
taken to give the necessary authority
to the department to dispose of such
surplus water as herein recommended.
If the legislation is enacted the Sec
rotary of War could, in leasing the
surplus water, give consideration 10
such equitable claims as the Wahiawa
Water Company, Ltd, may have TO
preference in the leasing Of any
water which the government may not
need for the supply of the post. In
this connection attention is invited TO
the fact that under the arrangement
proposed the Wahiawa Water Com
pany, Ltd, will be left in the enjoy
ment of the rights of Way which were