WATER RIGHTS AND RACES.

Grey River Argus, Volume XII, Issue 1385, 8 January 1873, Page 2

WATER RIGHTS AND RACES.

The Otago Mining Conference, in their report, make the following recommendations as to the diversion of the streams — The Conference having duly considered the above subject, find that as the law now exists hitherto, such diversion has only been lawful in furthering one particular branch of industry — namely, goldmining. The Waste Lands Act, passed in 1872, and which will soon come into operation, provides for water being diverted for other industries. The Conference quite concur with the provision made by that Act, but it still leaves one point which has hitherto been a source of particular grievance untouched, viz., that of provision being made that two heads of water shall at all times flow down the natural bed of any creek for general use. The words " general use" may be subject to misconstruction on prior occupation to defined rights, and such a rule we should not wish to supersede. The main points under this head which this Conference would desire to see amended, are, that a permanent license should be granted by paying a nominal sum per year for each sluice head. And they would recommend that part VI. of the Gold-mining Bill, 1872, with schedule attached, be adopted in preference to existing laws (eliminating all reference to inspectors, and deposit on application). And also making the yearly rental a sum, say 2s Cd. The great bugbear as to water-rights and races has been, ?.3 already stated, that of allowing two heads to flow into the natural channel of all creeks, if required. This Conference would recommend that priority of right should predominate in this case as in all others in gold-mining, which meatis that if the water is required to flow down the natural channel by any party whatsoever, when any application to divert the said water is p it forth, that such an objection raised should be held valid ; but if the right be once granted, that it should not be again cancelled, except the same is required for settlement '

or public use, and then only by paying I compensation. The right to use and cor - struct dams and reservoirs might be granted on the same principle as waterrights, while we would recommend that a rental— if any be charged— be merely nominal. The privileges allowed by the Act of 1866 for carrying races through private lands being still retained, we would recommend that 15ft on each side oE a race be allowed for repairing and other purposes.