MINING IN CALIFORNIA.

Grey River Argus, Volume IX, Issue 724, 8 September 1870, Page 4

MINING IN CALIFORNIA.

Mr Win. Baldwin was some time ago despatched by the New Zealand Government to California as a Commissioner to enquire and report upon several matters, one of which was the mining industry. He has now returned, and his report is before us, from which, from time to time, 'we intend to make a number of extracts, which. v?e believe wiYl he foaad of gveat value to the miners on the West Coast : — Water Bights. Before considering (he question of water-rights, as now existing in the State of California, perhaps it may be proper to state the plan I have adopted in reporting upon this portion of the subject submitted to me. For the convenience of reference and other reasons, I have^liyided my remarks into two portions,, the first being for the most part introductory, and containing, amongst other matters, some passing observations, upon the materials now being used in the construction of waterraces, and the measurement of water as carried onb in the State. la the secrrnd portion, I intend giving an account of the water-right system itself ; the right upon which this system is based ; the legislation in reference thereto ; and as many of the principal cases which have .been. decided by the Courts of Law,' Supreme and State, as I have been able to procure. General Bemarfo. Even if the time at my disposal had been of sufficient length to permit of my doing so, it would be useless to enter into any description as to the- modes adopted throughout the State of California, and those States adjoining wherein the pursuit of mining is followed, in the construction of water-races, dams, &c. ; for the methods adopted in this State and. in New Zealand differs very little, if at all. . Here, as with, us, the water flowing down from the high snow-clad ranges in channels, for the most part steep and precipitous, is preserved in reservoirs, and conveyed along races or " ditches'' for the supply of alluvial or "placer" diggings and quartz-reef workings. Asa general rule, however, the reservoirs and races of this country have been constructed on a more gigantic scale, and a proportionately larger outlay of capital, than in New Zealand. But,* as a rule, experience shows that these large and costly undertakings

have not paid ; whilst, on the other hand, the smaller works have usually been successful. Indeed, taking the water operations throughout the State generally, failure has been the rule and not the exception. Of late years a great decline has taken place in the alluvial diggings of California, and a corresponding decline in the demand for w,ater has of course followed. It is estimated that 25,000,000 dollars have been invested in the waterworks of the State, and that the present actual v&lvm does not exceed 5,000,000 dollars. The Trncker, for instance, a race which was constructed at an original outlay of 105,000 dollars, is, I am informed, now gone to ruin. Many miles of water-races in the district of Columbia, and in other districts as well, have been abandoned ; nor do I think it is too much to say that the annual decrease is nearly 15 per cent, of the whole number. From an experience, such as is that of California, acquired by the loss of so much treasure, some useful lessons may be gathered. Not the least noteworthy of these, perhaps, is that fluming, wherever possible, is to be avoided, even under the most favourable circumstances. The cheapest flume in the country costs twice as much as the cheapest race, of the same capacity ; whilst the cost, of keeping the flume in repair is fully 80 per cent. more. Then, it is found that to erect a flume 25ft high, costs twice as much as to lay it on the ground; whilst at 60ft', it costsfour times as much ; and the keeping of a flume in repair annually costs a seventh of the original outlay expended upon it. Iron Piping. Iron piping is now very generally used as a substitute for fluming. It is not only cheaper and more durable than the ordinary fl timing, but it possesses this advantage also, that by its use water can be carried across gullies of a very considerable depth, and where fluming would be impossible. For instance, at a water-race now in course of construction at Feather River, by means of this piping, water is carried across a gully of considerable width and 800 ft deep. The Secretary of the Spring Valley Water Works, from whence the water supply of this city is obtained, who gave me the above particulars, further informed me that this piping is now being extensively used along the .works of the company. Speaking of personal experience, I know of no gold field in New Zealand where this method of conveying water js now in use, nor do I believe it has been tried on any of them, or, if it has, it has been on a limited scale only. I have, therefore used every effort and devoted some time in procuring all possible information about the matter. I believe the system to be peculiarly applicable to the nature and requirements of the Colony. The sheet-iron most commonly used in making the pipes is No. 20, and the size of the sheet 6ft by 2ft. The diameter of the pipe is usually llin, and the pipes are made in joints 2ft long ; the joints being rivetted together, form sections 20£ ft in length.- Small hooks are fixed in the ends of the several sections, and these are lashed together by tying them with wire, by which means the sections are kept from moving and in their proper positions. The piping is used in the form of an inverted siphon, carrying the water down the side of the gully which has to be crossed^ and up again the opposite side to the same level. In laying down the pipes, each section is secured to a post, and the post itself kept in its proper place by a board placed edgeways and cross wise in the ground. An inch and a half or two inches is allowed for the lap of each section, and it is perhaps needless to Bay the ends must be carefully fitted into one another, -so as to be water-tight, or as nearly so as possible. It may be further stated that the piping mu3t be, as nearly as circumstances will permit, put together in a straight line, and the sections driven home by placing a board across the end and striking it with a sledge-hammer. Tar, as a preservative, is applied outside, and, when practicable, inside oho^ before the piping is buried in the ground. Ah Feaiher River, the case I have already referred to, the water is carried down the side of a gully 950 ft on the decline, and up the other side a distance of 900 f t; the total depth, as stated, being 800 ft. By this plan the water is conveyed across a gully at Placerville ITOOft wide and 200 ft deep, at a cost of about L4OO ; whereas the cost of fluming the distance would not have been less than five or six times that amount. The manager of the Vulcan Foundry, in this city, informed me that piping of this description, llin in diameter, and made of No. 20 sheet-iron, costs Idol 5c the foot. It will carry 95 "miners inches" of water, and sustain a span of 220 ft. At 190 ft, the pressure is '881 b to- the ■ cable inch. Measurement of TPakr.

Throughout the mining States of the Union, the inch measurement is used in dealing with water ; and by this inch measurement is meant the quantity of water which escapes through an opening an inch square, with, a pressure of water usually 6in in height above the opening. Tliis is called the 6-inch pressure ; but in this latter particular the measurement varies, the pressure in some localities being as high as nine and even ten inches. Some time since a Bill was introduced into the State Legislature, for the purpose of preventing, disputes arising as to the meaning of a "miner's inch of water," and providing that it- shall be' held to mean. 2 2-3 cubic feet of water, or 145 4-S •lbs. or *J 2-5 »als. passing a given point in a minute of time. To this an amendment was proposed, declaring that "a legal inch of water sold for mining, agricultural, or other purposes, shall mean the quantity of water that escapes through an opening an inch square, through a plarik one inch thick, with" the pressure of seven inches measured from the centre of the orifice to the surface of the water." But the further settlement of the question was postponed, nor do I think that any further effort at legislation was made respecting it. I. — System of Water Bights. Briefly stated, the supply uf water on the Gold Fields is governed by the following leading principles. • The, water of any creek, stream, or river may be diverted from its natural bed, and never again "returned to it. The water becomes the property of the Brat claimant, but.it so becomes only for the purposes for which he claimed it, and to the extent to which he appropriated it. The holder of water has a right to its use without any obstructions from later claimants ; but other persons may use the water, provided it is returned clear and uninjured above the. spot where the first occupant took his supply. If a miner, after claiming and using

water, abandons it, allowing it to run into any channel or race used by another, then the latter becomes the owner.

If a race is cut for drainage alone, another may claim the water for mining or other purposes. When the waters of a race are turned into a natural stream, with tho intention of being taken out again in the same quantity at a point lower down the stream, they may be so taken out, even though the stream is being used at the time by another person. .

No one has a right to take any water from the hed of a stream in which there is a mining claim of prior standing, and that cannot be worked without this water.

The Bight to Water, upon what based. The common law with regard to waterrights having been found unworkable in this state, the Courts, by their decisions, have built up a system of water-rights bassed upon "the wantsof thecommunity," to quote the words of Chief-Justice Murray, " and the peculiar condition of things in this State, for which there is no precedent, rather than an absolute law, governing such cases." The reason stated for this departure from the law is, that at common law the right to running water was founded upon the title to the lands upon the banks of the stream ; whereas in this State the settlers upon the public lands, mineral and agricultural, could claim no such right, because they were not the owners of the land. Then the board principle was announced, " That the right to an unlimited supply of water in a running stream vested in the first appropriate, whether a riparian owner or not, with the right to divert for any purpose, mining or agricultural, for sale or otherwise, and to any extent ; and that subsequent locators could only acquire an interest in the water subordinate to the rights of the first appropriator." This is the board principle laid down by the Californiau Courts, and upon this principle the right to water is based.