WATER TAPPED

Hokitika Guardian, 14 February 1933, Page 8

WATER TAPPED

MINING COMPANY’S RIGHT

OBJECTION BY LANDHOLDER

DUNEDIN, February 11

An objection was nude by Mr Skinner, ruriholder, of Waitahuina, in the Warden's Court, against an application by Paddy's Point Gold Mining Company for a water night over the Bungtown Creek. He complained that the dumsion of th e water would deprive Tom of Dig natural boundary afforded «»y the creek between his property and that of hit? neighbour.

The case was the first of its kind to come before the Warden's Court. Mr iSkinner claimed that at present his sheep, did not cross the creek eova cO> not do go because of the water. He asked that if the application were granted it be made on condition that the company erect a boundary fence along th.e bank of the creek. Counsel for the company contended that the mining interest was paramount, that ■ a 'landholder muSt take up land •with the risk of losing the natural protection given by any creek when the water was (required for mining, and that in arty case the Mining Act did not give the warden powe,. to order the creek to be fenced;

Evidence ws« given ’to show that at present the water i.n the creek wa* in. sufficient .to‘ prevent the .sheep crossing, iar.d that th' e creek included at least as much water front the gnll'es below the company’s 1 proposed intake a, s at the intake, and that if the sheep did did cross-it- was because of the roughness of the ted of the creek and its .precipitous sides. Th,3 warden lS aid he did not think the could order, the fencing, but, a« jn any rase the objector had not proved that, the crook was a natfirri boundary, ho must disallow tli« objection.