A COMPLAINT.

Dunstan Times, Issue 860, 11 October 1878, Page 2

A COMPLAINT.

(to the editor op the dukstan times.) Sir,-— ln the last issue of your paper appears a report of the business done in the Warden's Court, Clyde, one portion of which was the hearing of an application by myself for a water race, which was objected to by Mr Geo. Naylor. Had no report having reference to this application appeared in the public Press 1 should not have troubled you on this occasion ; but seeing that it has appeared I wish your readers to know the facts, which are these : I own section 29. block 111., Lauder Distriot, through which runs several streams of water, which causes a portion of the section to he swampy, and another portion is high and dry. 1 make application to he allowed to divert some of this water from olf the swampy to the dry portion of this section, so that I may he enabled to irrigate it, and the owner of the next section (Mr Macdonald) to take the water after me for irrigation and domestic purposes, he (Mr Macdonald) having no water near his homestead only by sinking—this was arranged by Mr Macdonald and myself-and to be able to divert this water, have to construct a raco through a portion of sections 31 and 30— both of which are Crown Lands—length about 45 chains. This Mr Naylor objects to my doing, and enters objections with the Mining Registrar, Clyde. Now, the nearest point that this race would he to Mr Naylor’s property is fully forty chains. Immediately 1 received copy of notice I paid Mr Naylor a visit, and explained matters to him, and asked him to withdraw his objections as

it could in no way interfere with him. Ha said yes, it would interfere with his brother, who intended to purchase those two sections 30 and 31, and he did not want a 'Water race constructed over them. Now, Mr Editor, having given the facts, I argue that, in accordance with '‘The Mines Act,” Mr Naylor could not object, Section 31, Subsection 6, points out who may object; and Sub-section 0 plainly points out that an objector must be the owner of the land over which the race is to be constructed; Subsections 14 and 15 make reservation on behalf of the public ; and through the whole of the Sub-sections of Section 31, it. is .evident that the Legislature never intended that anyone should be refused water who applied for it, even if it had to be carried over private lands. By tbe latter portion of Sub-section 8, the Mining Registrar is empowered to make a grant before compensation is either paid or arrived at; and its the Mining Registrar who has all to do with the making and issuing of those water grants, and not the Warden ; neither is he empowered to make an enquiry of any sort in the Warden’s Court; but in Sub-section 3 he is empowered to inform the Mining Registrar whether he knows of any objections, and, in my opinion, there bis duty rests in the matter, and any objection he may raise must be in bis capacity of Warden : consequently there can be none in this instance.— Yours, etc., John; Coi.k Grapple Alexandra, 7fch October, 1878.