405 



Kaupakalua within the boundaries of the Koolau (Maui) For- 

 est Reserve. They except and reserve, however, (i) all water 

 rights, (2) rights of way for roads, ditches, tunnels and pipe 

 lines, (3) the right to plant trees, (4) the ri-^^ht to cut fence 

 posts for local use, and (5) the right to make economic use 

 of the forest subject to reasonable rules and regulations of the 

 Board of Agriculture and Forestry and in a way not incon- 

 sistent with the purposes of the reserve. Under each of these 

 reservations are included the rights of ingress and egress. The 

 plantations agree, in addition, to keep the makai boundary of 

 the reserve fenced. 



The surrender is made contingent on the following points: 

 (i) that the land surrendered be used by the government solely 

 for forest purposes, (2) that all government lands within the 

 reserve be set apart now or as soon as may be as parts of the 

 reserve, (all those that can be reserved under the law' have 

 already been set apart), (3) that if all or any portion of the two 

 tracts of government land covered by Leases Nos. 538 and 539 

 revert to the government during the seventeen years, such 

 lands shall be added to the reserve, and (4) that all govern- 

 ment lands within the reserve shall be used only for forest pur- 

 poses during the period of the surrender, except that the gov- 

 ernm.ent may exercise similar rights to those reserved to the 

 plantations. Failure on the part of the government to comply 

 with these conditions nullifies and terminates the whole agree- 

 ment. The term of seventeen years expires on the same day 

 as do the leases (Nos. 538 and 539) for the government lands 

 adjoining the private lands surrendered. 



Owing to the number of corporations involved it appeared 

 necessary to make use of the elaborate form followed. In 

 many cases it is probable that a very much simpler agreement 

 would answer the purpose and be equally satisfactory. Already 

 several individuals and corporations are preparing to enter 

 into arrangements similar in scope and purpose to that here 

 described. It is earnestly to be hoped that many others will 

 follow suit, for onlv by the systematic cooperation of the own- 

 ers of private forest land with the government in the manage- 

 ment of the reserves as a whole can the forest reserves of Ha- 

 waii be made in the fullest degree to accomplish the ends for 

 which they are created. 



