§101-44  Right-of-way lapses when.  Anyright-of-way which is obtained under sections 101-41 and 101-42 shall lapse andimmediately revert to the previous owner thereof in either of the followingevents:

(1)  If the corporation fails during a period of oneyear, at any time after acquiring the property, to use the right-of-way for thepurposes herein set forth; or

(2)  If the corporation uses or diverts or sells anyof the water which is conducted through the right-of-way for a purpose otherthan irrigation, fluming, mill use, generation of electricity, and domesticpurposes, as well as for the watering of livestock and industrial use if theindustrial use does not exceed five per cent of the water conducted through theright-of-way. [L 1911, c 124, §4; RL 1925, §831; RL 1935, §74; am L 1943, c186, §2; RL 1945, §326; RL 1955, §8-40; HRS §101-44]