Page:United States Statutes at Large Volume 37 Part 1.djvu/258

 SIXTY-SECOND CONGRESS. Sess. H. Ch. 254. 1912. 235 pable of  economically watered from its waterways, such lands, or aniportaon thereof, shall be surrendered by the said Ditch Comput; y notice m writing to the commissioner, and no rent for sand an so surrendered, if ang, shall be charged or collected by the lessor, and that the surren er of a portion of such lands, as herem rovided, shall in nowise affect the lessee’s tenancy of the remaining llmds under said lease; that the term of said lease shall be fifty years T°¤¤·•°¤· from the date hereinafter set forth; that the Ditch Company shall have the right and authority at_all times after the execution of said lease to enter upon all such public lands m the district of Kau for the purpose of surveys, construction work, and so forth; that the rent nent. are to be paid for said lands shall  at the rate of one dollar per acre per annum, payable to the Territory, at 1ts pption, either m water rom the waterways of the Ditch Company at e lowest rate payable by any consumer of water furnished y the company, or in cash, or partly in water and partly in cash, in such proportions as the Temtory may elect· that the Ditch Comgmy shall furnish to homesteadeis or settlers along the line of e company’s waterways, or such otherhpison or pcgilsopsthalong said waterways as the commissioner, wit the approv o e governor, may direc' t, at a int or points to be designated by such officials, such water as the ’lgi)·ritory at its option elects to ta e by wlziy of rental for said public lands. The Ditch Company shall have f right to sublet the said lands or any part thereo, or to assign the lease m whole QI  either by way of sectmty or otherwise, subject, however, m thmgs to_the provisions hereof. The lease shall be made subyect to any   kW¤¢l••••· and outstanding lease of any or all of such lands and s_ all contain alppropriate provisions to secure the construction and maintenance of t e necessary works for suppl¥ng_ such lands with water, and the reversion of such works to the emtogy upon the termination of the lease, as hereinafter provided: Prmrid, however, That nothmgjherem §*,§",§§°,;,,,1,,d,,d_ shall aplthorize the withdrawal of any lands now open or app ed for for set ement purposes. _ Sec. 6. That not more than thirty per centurn of the lands so held le{§H°ilf,¤‘],’§,§§’§,§‘,{,“,E under lease by the Ditch Company may at  time after the eigpira- ¤¤¤¤°· tion of six months from the date of the first de very of water as oresaid by the Ditch Company be withdrawn for upublic puxiposes or homesteaded or sold for other purploses under e laws re ating to public lands in Hawaii, such with awal of lands to be, as far as practicable in blocks of not less than five hundred acres, and the right of way of the Ditch_Compan{ through such land so withdrawn to be reserved to it, m which case the rent reserved shall be (proportionately reduced at the rate of one dollar per acre for the lan S0'W1t.l1(l;I'8W'11, _ homesteaded, and sold: Pramkied, That written notice of intention to  0, ,,,,,,, withdraw any rtion of such public lands, plegglether with a proper drnwal description o th; lands so to  withdrawn, s be served dpon the Ditch Companyl by the commissioner, with the approval of e governor, not less t an three calendar months before such withdrawal is to take effect: Provided also, That growing crops,  any, upon said lands °‘°"“" “°p“‘ so to be withdrawn may be harvested by the Ditch Oompcany or those llgoldig ufnder itTl:;or¢i1sri§1l:c;;vi£.)lgdrawd ishslp {shall wogfgrdtivgg mm to mas N u, t the mpany s _ 511 wmlamwu. withdrawn, for the u es aforesaid, the same proportionate quantity of water perpacligosas is contracted for bv_the larger leaseholders for the Government lands irrigated under this lproject, and at   of thi; homestfleader og other person ho   :1}:9 béllé- ci use o an so wi drawn esires to contrac or e same. A SEG- 7. That the lease shall o into effect when the Ditch 00111 my °°“°m°“‘· shall have constructed a ditch§rom said district of Hilo to Pahaih, in said Kau, with a delivering capacity of one hundred million gallons of