Sec. 221. ### (a)
626 words·~3 min read·
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## Sec. 221 ###
(a)When used in this section— ####
(1)The term “**water license**” means any license issued by the commissioner of public lands granting to any person the right to the use of Government-owned water; and ####
(2)The term “**surplus water**” means so much of any Government-owned water covered by a water license or so much of any privately owned water as is in excess of the quantity required for the use of the licensee or owner, respectively. ###
(b)All water licenses issued after the passage of this act shall be deemed subject to the condition, whether or not stipulated in the license, that the license shall, upon the demand of the commission, grant to it to the right to use, free of all charge, any water which the commission deemed necessary adequately to supply the live stock or the domestic needs of individuals upon any tract. ###
(c)In order adequately to supply live stock or the domestic needs of individuals upon any tract, the commission is authorized
(1)to use, free of all charge, Government-owned water not covered by any water license or covered by a water license issued after the passage of this act, or covered by a water license issued previous to the passage of this Act but containing a reservation of such water for the benefits of the public, and
(2)to contract with any person for the right to use or to acquire, under eminent domain proceedings similar, as near as may be, to the proceedings provided in respect to land by sections 667 to 678, inclusive, of the Revised Laws of Hawaii of 1915, the right to use any privately owned surplus water of any Government-owned surplus water covered by a water license issued previous to the passage of this Act, but not containing a reservation of such water for the benefit of the public. Any such acquirement shall be held to be for a public use and purpose. The commission may institute the eminent domain proceedings in its own name. ###
(d)The commission is authorized, for the additional purpose of adequately irrigating any tract, to use free of all charge, Government-owned surplus water tributary to the Waimea River upon the island of Kauai, not covered by a water license, or covered by a water license issued after the passage of this Act. Any water license issued after the passage of this Act and covering any such Government-owned water shall be deemed subject to the condition, whether or not stipulated therein, that the license shall, upon the demand of the commission, grant to it the right to use, free of all charge, any of the surplus water tributary to the Waimea River upon the island of Kauai, which is covered by the license and which the commission deems necessary for the additional purpose of adequately irrigating any tract. Any funds which may be appropriated by Congress as a grant-in-aid for the construction of an irrigation and water utilization system on the island of Molokai designed to serve Hawaiian Homes Commission lands, and which are not required to be reimbursed to the Federal Government, shall be deemed to be payment in advance by the Hawaiian Homes Commission and lessees of the Hawaiian Homes Commission of charges to be made to them for the construction of such system and shall be credited against such charges when made. ###
(e)All rights conferred on the commission by this section to use, contract for, acquire the use of water shall be deemed to include the right to use, contract for, or acquire the use of any ditch or pipe line constructed for the distribution and control of such water and necessary to such use by the commission.