Ka Hoku o Hawaii, Volume XXXVI, Number 18, 27 August 1941 — Rental Plan Of HBS Water Is Suggested [ARTICLE]

Rental Plan Of HBS Water Is Suggested

A proposal for the use of the Hilo Boarding school water on a rental basis was received by the board of supervisors from the schools board of trustees. Under the proposal, the county will be entitled to the first 5,590,000 gallons of the flow of the Waīluku river. ■ This arrangement, according to the HBS trustees, wouīd permit the county to develop safely water in the vicinity of Kapeho stream and divert it into the county system without thereby increasing the minimum flow of the Wailuku river to which the trustees are entitled. In this way, it was pointed out, the county will avoid the embarrassing situation in which it found itself where all water it developed in Kapeho stream comingled with water belonging to the trustees and became the latter's property. At the same time, the trustees are willing to commence operation of such a lease as of January 1, 1941, which was the date the last lease expired. No official comment was forthcoming immediately, but it was indicated the HBS proposal would receive the consideration of the board of supervisois at some future meeting. The provisions of the proposal include: 1. That the trustees lease waters to the county in perpetuity but that at the end of every 10 year period, there shall be a review of the rentals by the parties and, if either party so demands, the annual rental pald for these waters shall be re-examin-ed. 2. In the event that the parties ean agree upon a new rental for the succeeding 10 year period, this figure shall prevail for that period. 3. In the event that the parties cannot agree on the rental for the new 10 year period, the matter shall be submitted to an : arbitration board on which there, shall be three arbitrators, one appointed by the county, one by the boarding school trustees and a third by agreement of the other two. 4. That the trustees grant to the county the right to co-mingle in the stream, water which may be developed by the county, so long as the county continues to lease the boarding school water. 5. That the trustees permit the county to abrogate the agreement by giving a notice in writing at any time after January 1, 1943, but the trustees shall not have the power to withdraw water from the use of.the county.