The Hawaiian gazette., 1916-04-04
Spdlding Interests Work ShrelOdly
To Get Control, of Kauai Water

a ~.- = 1890.
moist airs pie mp ag is; II. Millions
OF ga 10 If water lie in those q leat
pfecipices and tumble to the lower
levels, y d.
J Whoever controls the alter controls
the land. &r
HeadwatBrs On Fee Simple Land
HeudWaterp Of the south hraDeh OF
Wailua flyer are on Lime fse MP e
/, land, although the stream d es flow In.
| to leased land, Uihue rights to the
north lrapeh arse only from the 1ease;
when that expires 1t will lose the wa.
ter. Liime has extensive IRRIGATION
ditrhes ,shd tunnel TO its leased la ada
below the river, available for future
, homesteaders, Except for use on n
small IL OF the leased lands, flie
Lindemann lease, of which more here.
! alter. LAhue will not need the north
branch after the lease expires.
Colonel Spalding plans e. build a
: ditch from near Harahanapnni cone 10
that white house, which lies amid ola.
or homestead and Makee lantfs. II
|. would cost 100000. Perhaps II would
berve the bonfesteadors well; rerhaps
u would serve Mnkee more. The nov.
eminent would pay for it, under the
license z 'N3-S
This ditch could supply water for
homesteads, perhaps after Makee had
oil IL cared TO use. .,a -
One or two Of the Kapaa homesteads,
those ON rising ground, would face nm.
ysual difficulties in getting water from
this ditch, IL built. They would have
/ TO pipe for a great distance. A ditch
night be needed for the Kuanioo LANDS,
although there, Is good rainfall. III
built, this Knainoo waterway pfobably
would run from hakai of Hauahaph.
punt through Pun PHO, costing about
10000, IL is stated that three dry
years IN ten may be expected, and in
that ease the ditch would be valuable.
Half Of Hornsstsads Can Irrigats
Probably half OF all the honest ads
can lrfigate now, but only those on
Makee side. AL the bonesteaaers Of
series No. 4, except about three, are
] expected to plant cane. F& Il
Kappa stream lis important on THE
older lands {. A homesteader suggested
that a. small stream known to the In.
! waiians as Kahuini might be used, also
/ for government lands below the hills,
although il is going to waste now, there
being no cane on the uplands that can
bereaelied by it.. %.'
But these are problems for engineers
and plantation managers to- work out
They are cited merelyl,to show some OF
the eIenentS catering Into the lorna.
Z, tion Of water company, and what
: powers for good or IN ~, would have
! A6othtf version Of the STAIR il that
Governor Pinkham has said that the
water should be handled by a comm 1.
/ sion, with Colonel spalding at the
! cc,onel Maitss Tacft kdiniasion I -. y;
Colonel SpaldiRg admitted tacitly
that he had plans for this organization
but he refused to discuss them before
/ the arrival of the Governor.
! At any rate, Kauai will guard liz
water jeaIously, tinless all signs fail
SO this water question entered in
/ Since then Governor Pinkham has
given no intimatioh Is to what he in
!, tends to do as to LibIe. -
Y This resolution ON the water proposal
\ was adopted by the Kauai Chamber oil
p0mtherte at il October, 1915, meet
! ing; iT5t,,''"
ffResoIIed, That the Kauai Chambe,
: Of Commerce put itself ;on record al
being against any pFopoSitiohs to hand
over wattr bsldnging TO, public lands
into The hands OF private Corporations
, Or individuals. III
Resolved, That sopies of these re,
| solutions be transmitted by the secre
tary to The secretary Of the interior, al
Washington, ana the governor Of the
4 Territory Of Hawaii. ~
This resolution anaered the Governor
: and he wrote that he.had rot decided "a
enter into the akfeeinent. Nevertheless,
| he has said he believed II would be d
1 good thing, for the territory.
! Attorney. eeneral r. M. stainbaek
! Drew an opinion on this license for the
I Governor, dated August 90, 1918.
/ when within proposed water Il.
eehse was FIRST examined by me, l had
! kreat doubt il II did, not constitute an
exclusive privilege OF franchise and
come within the shirt OF the provision
contained in the Organic Act REQUIRING
| the consent of congress-, = the opinion
begins, THE privilege Of furnishing
. water Is always regarded as a fran,
1 chise where the gfaptee Is authorized
TO make use Of the public streets and
highways regardless Of whistler the
grantee be an individual oy a corpora,
1 tion,''i $500
Instances Are cited ~
Instances are eited. One decision
Of California origin, held that Supply.
Ing water for irrigation, in rural com.
hIunities Is not a franchise and does
not depend dnha legislative permit, but
the attorney general adds thRt' tho
modern tendency is 10 make selling
water, whether In cities or rnThl com!
mtnities, depend on Q ffaaehise. - a..
He takes up whether the eShipaiiy
would be an agent for the government;
roints out that there Is a difference
between a purely government agency
and a private individual; but IL OF the
opinion that the government, as a rri.
vate owner of water. can dispose of
It without granting an exclusive privi.
lege or a franchise ~
Mr.. Stainbaek thereupon cuils atteh
ton to the fact that the license gives
i Fiuht N nUarafa n Hatlrak1 al L.