WATER RIGHTS.

Dunstan Times, Issue 209, 28 April 1866, Page 3

WATER RIGHTS.

We take the following from the " Provineial Government Gazette''' of the 11th inst. : ORDER. Revoking the IV. of the Rules and. Regulations of the Otago Goldfields, and milking another in lieu thereof. Whereas John Hyde Harris, Bwjuirq, then Superintendent of the Province of Otago, under and by virtue of the powers delegated to him in that behalf, did, on the twenty-first day or October, one thousand eight hundred and sixty-four, make and ordain certain Rules and Regulations relating to Mining on the Otago i Goldflclds, Mid the making of which | Rules and Regulations was duly notified | in the "Government Gazette" cf the] Province of Otago, published en the said j twenty-first day of October, one thousand] eight hundred and sixty four: Audi whereas it it is expedient that the fourth ] of the paid Rides and Regulations and j all the sections thereof numbered re i spectively 1 to 20, both inclusive, re-! lating to Water Rights ami Races, and \ others matters relating thereto, should be! revoked and cancelled, and that another Rule in lieu of the said Fourth Rule should be made. Now, therefore, T, Thomas Dick. Super-! intendent of the Province of Otago, by ] virtue and in exercise of the power | delegated to me in this behalf do hereby j revoke and cancel the said Fourth Rule,] and all the sections thereof, numbered 1 j to 26 aforesaid, and do order that the same shall stand revoked and cancelled from the day of the date hereof; and in lieu of the Fourth .Rule and the sections thereof, I do male the rule following, contained in sixteen sections, relating to Water Rights and Races, that is to say : IV, Water Rights and Races. 1. Races already Constructed.—Races i constructed prior to the proclamation of j these rule* and regulations must be regis-' tered with the Warden, as provided by I Sub-section 1. of Section XVIII of the " Goldtields Act Amendment Act. ] 1865." 2. Superiority of Right.—Superiority j of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right.! bi all cases when the occupier claims I under a certificate or other authority in! writing granted by a Warden or Commis-I sioner, occupation shall be taken te have \ commenced at the da?e of such certificate ] or authority. 3. Superiority of Right to be Forfeited I by Disuse.—lf any Race shall be entirely I unused for a full period of thirty days at a time when water is available for it, oc- j cunation of the right shall be deemed to i have recommenced at the last re-occupa-tion thereof. 4. Heads of Races!— All races that may hereafter be "cut shall have a point i specified at which they shall be taken from! the creek or river. In races already cut, j this point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written, sanction of the Warden, nor to the prejudice of any! existing right. 6. Insufficient Supply of Wafer.—lf. the water flowing in any creek or river is insufficient to supply fill Ihe races ecu nectcd therewith, tie owner of any BhalL oa receipt of a written, noiice ficia

; the owner of a superior right, stating that ■ the supply of such snperior'Tight, is less 1 than he is entitled to, immediately cease to use the water, or such portion i thereof as m?y be neqessary to make ■ up the supply of tile superior right. 6. "Water Guage.—ln the construction ' and for the purposes of these Regulations, a head of water shall be held and deemed to carry forty (40) superficial inches of water, to be guaged by a box, twelve feet long, 10 inches deep,.and 20 inches wide, all measured in the clear. The box shall be covered throughout. The upper or entrance end of such box may be entirely f open ; ljjit the lower end, or end of exit, ■ shall be fited with a bar. 2 inches high, affixed to the floor of the box, and with a pressure or headboard, 0 inches deep, affixed to the top of the box. leaving an aperture of two inches in depth, and of the full width of the box. (a.) If more than one sluice..head of water requires to be guaged, the guagebox shall be enlarged horizontally to ensure accurate measurement. But when this cannot be done owing to natural obstack's, or other sufficient reasons, the gunge-box maybe enlarged perpendicularly, fb.) The i."iagp=box surll at a'i times k| placed oil a level, When water 'is taken from one sourca only, the supply shall be i <niaged at the head of the race or the i source of supply. But if the race is fed, or supplied in part., by any side stream or ' streams, the guage-bcx shall be placed im. ' mediately below such side stream, _ or J streams, the guage-box shall be placed immediately below such side stream or the - last of such side streams. j (e,) The velocity of the water above the ' guage-box, shall, if required, be lessened ' by the construction of a dam-bank, or by ( levelling the race for a distance of 30 feet; and such velocity shall not exceed an average of one foot per second in the said °'3aL feet, to ...be guaged by a J float, 7. Water not to be wasted.—Holders j ( ot rights shall not allow any water to run to waste; but such water shall be appropriated to the Vise of the next hokles of ! a right' according to the date of their re- J spective registrations. i 8. Transfer or Assignment. The , transfer or assignment of anv race, or any , interest therein, shall not affect any right , or privilege attached to such race; pro' ; ' vided that any such'h-ansfev or assignment j, shall have lwflii duly registered at thoh office of the Warden, and a memorandum thereof made upon the back of the original j certificate. 9. Working Ground occupied for Races.;,; ' —Anv person desirous of working the if ! ground on whtch any races or portion of &\ f race is situated, may do so by first pro-' ( | riding an equally good race for the use of 'the occupier; provided that the consent| ( of the "Warden thereto be first ob--, Stained. \\ 10. Causing Claims to be flooded.— L |No person shall back the water of anyr I creek, river, race, or water-course upon I, j any claim, or otherwise cause any claim to j. ! be flooded, cither wiifull or by no- ; I siect. i; I U. Obstructions to Water-courses.— j No person shall deposit, any earth, stones. | ( tailings, or other subsiauee in the bed of j any water-course, so as to obstruct the iiow |, I of water therein. |, I 12. Construction of Tail-races.—Before'; any person shall construct a tail-race, he \\ shall first proceed by notice in the 'same: ; manner as directed in sub-section 1 of!, Section XVIII, of the "Goldfields Aet|j ! Amendment Act, 1865" ; but such notice !j 'shall only require to be posted for seven j I (7) clear days, at the expiration whereof i j •the applicant shall return to the Warden aj I copy of the notice, signed by the holders j j of the four (1) nearest claims, as expressing i their assent to, cr ditfent from, the issue of a certificate for such tail-race. And! the Warden shall inquire Into any objection thereto, or into any cause of dissent las aforesaid: and shall therefore issue or iwilhhold a certificate of registration, ac-| ! cording to the equities of the case. j 13. Use of Tail-races.—Any person | wishing to use ' a tail-race may do so on condition of first paying to the owner of I such tail-race, a proportionate share in the i 'expense T>f construction; provided' that : | the person so using any-tail-race shall : i assist in clearing the same whenever it j shall be necessary to do so. 14. Flood-races.—Any person may cut flood-race through or by his claim, sub- ' ijocfc to such restrictions as the Warden ; 'may consider necessary for the public : good. 15. Races may he carried through! ! Claims. —Upon application being made to I the Warden, it shall be competent for him |, I to authorise the applicant to pass a head-!) I race or tail-race over, under or through.! any claim or right; provided that com-1, ponsation shall be allowed for estimated j • 'damage (if any), and prior to commencing! the construction of such race, such com- ] pensation shall be paid to the holder or holders of the claim or right over, under,'. or through which the proposed race has to •, be constructed. % 16. Scale of Fees.—For every sluice i j head of water for which a certificate shall ! be granted, the annual-fee of five shillings j shall le charged! and ihc applicant for any water-right shall deposit the total ! amount of fees chargeable annually en ' making Lis application therefor. And if | such application is thcusftfr refused cr ! withdrawn, the said deposit f hall be rej turned, hfs the fee of five thilliiigs, to be . in inch caj.es retained ; Given under my Laud, end issued ' uj.dtr lie lUllc Ecal cf the Pro-!

vincc of Otago, at Dunedin, this '(L.S.y eleventh day of April, one thou■santt eight •hundred and sixty '...;• THOMAS DICK, Superintendent. By His Honor's command H. J. Miller,. Provincial Secretary.