WATER RIGHTS FOR MINING PURPOSES.

Grey River Argus, Volume XIII, Issue 1583, 1 September 1873, Page 2

WATER RIGHTS FOR MINING PURPOSES.

At the Warden's Court, Ahaura, on Friday, an important application was decided. Richard Larkin and party applied for permission to raise 24 Government sluice-heads of water from the bed of Callaghan's Creek, with the intention of taking it to Try-Again Terrace, Nelson Creek. The application was opposed by Richard Parker and Solomon. Kittelty, on the part of a number of sluicers at Callaghan's, on the ground that if Larkins and party were allowecLto raise the water as proposed, it would prevent the further extension of anj of the head-races at Callaghan's, further down the creek than the ; commencement of Larkin's race, thereby giving that party a monopoly of all the . auriferous ground along Callaghan's Creek, from the beginning of the race to the Ahaura river, a' distance of several miles. Parker said his party held the first water right in the creek. Their title was derived from James Burrell, the first occupant, through Walter Burrell, Aiken and Magill, and J. W. Jones, who. severally became owners of the property, subsequent to J. Burrell's occupation. His (Parker's) company intended to extend their race and workings down the creek, past the starting point of the race applied for, and they would not be able to do this if they were compelled to deliver the tail- water into the creek, so that: Larkin's party could raise it as proposed. Larkin's application was ako opposed on- the r general ground that it would be against public policy to grant it, for if all the water in the creek, which did not amount to the quantity applied for, were taken to Try-Agam Terrace, any further extension of the workings Callaghan's or the surrounding' district would be for ever impossible. v The arguments in aupport of the application were that the grant 1 would not interfere with existing rights at Callaghan's, as t hey now stood. Also that the objections .were vexatious, and made with an intention on the part of Parker's party to' take the water at a future time to Nelson Creek themselves, now that they saw that Larkins and party had, at great expense and trouble, demonstrated 'the practicability of a scheme hitherto considered impossible of accomplishment. The Warden said that when ! he' placed the services of the Government Surveyor at the : disposal of the applicants to test the feasibility of the undertaking of bringing water from Callaghan to Nelson Creek, he did so because he was led to believe existing rights at Callaghan's would ; not be interfered with in any manner, while the water would be a great boon to. the miners of Nelson Cresek. He now discovered that all the miners at Callaghan's, and those who might settle ; there in" future, would be injuriously affected if the grant of the water was made as applied for. The effect of such a grant would be that the miners at Nelson Creek would be benefited at the expense of those at Callaghan's. He would grant the application, subject to conservation of all existing rights, and if Larkins and party chose toj accept|it under those conditions they might do so, but with the understanding that ■- if, hereafter, Parker or any other company now working at Callaghan's applied to extend their races to Nelson Creek, Larkins and party would have good grounds for objecting to such extension. : '