THE Mount Ida Chronicle FRIDAY, JULY 25, 1873.

Mount Ida Chronicle, Volume IV, Issue 229, 25 July 1873, Page 4

THE Mount Ida Chronicle FRIDAY, JULY 25, 1873.

A petepion- from, certain residents in the Dunstan district has opened-; up the somewhat large question of allowing water to-flow down the channel of any creek* or river for general purposes, Mr present, the law, ns laid down by the G-oldfieldsAct of 1866, the Waste Lands Act of 1872, is ;that- "*two sluice-head,!?-of water shall, "it* required, be at all times allowed to '• flow in the natural course of anv " stream, for gener 1 use." It is a matter of opinion what general use .may mean, but we believe it may be taken.to mean the requirements even of mining parties working Jow-er down "the creek than:, the prior applicant, .provided he has the-firat of it—that is-, thai? he-i3 not- at liberty to "divert it to another watershed if any party whatever applies, thronc/h the .Warden's Court 7 , lor the use of it. We do not insist on-this interpretation, for Wardens have ruled differently on'the point. The evident intention of the fr?mere>o# the A-ct was to. secure enough clean, w&teiv forvtha doll

mesfcic purposes of agricultural and pastoral settlers situated lower down the streams than where applied for for mining purposes. The petitioners represent the case pi five or six parti es T all working in one gully one-above the : other, and each in turn using the two heads of water as let ,dbwn> from the claim immediately above. They seem to enjoy at least a tacit protection under the present law, but are afraid that the clauses as framed, in the new Mining Bill would positively invalidate their assumed rights,, if not entirely put a stop to their works. Clause 33: of the proposed Bill certainly does not give the, miners the benefit of the doubt as to the meaning of "general " use," or " general puoposes," but says,. "Whenever any water which has " been or hereafter may be lawfully ". diverted under any license or other " authority shall be required for the " use of hona-Jicle settlers, or for any " public use or purpose, it shall be "•lawful for the •Governor to revoke " such license or other authority, and' " to cause such water to be restored to ; " its natural, channel."

Clause 34 goes on to deal with providing compensation in : case of such power of revocation being acted upon,, such compensation, as we pointed out some weeks- ago —most absurdly and unjustly—being ordered to be levied on* the revenue of: the gold-mining district in which the race is situate. It was the intention of the. framers of the Bill, we are informed, to constitute the whole Province one . goldmining district. Assuredly,, if so, it would have' been better to set it out definitely at the commencement of the Act.

These two clauses deal more with the question of cancellation of a race ; —or,, rather, the entire license—where the water is required for some definite public purpose; and not to meet the case of small local reajiirements, as in the law at present in force. The petitioners justly fear that, if the Bill passes as now printed, one party could, if inclined,., divert for real or malicious, purposes the only two heads in a creek when. used, which would prevent their being able, as at present, each in turn, to put the same water to their joint maintenance, and to the development of the greatest amount of auriferous ground.

The G-oldfields Committee thought it best to forward the petition to the Assembly, with the recommendationthat it should be considered in Com-, mittee of tile. 'House, together with clauses 33 and 34 of the Bill, and that a measure should be initiated, if possible, to protect the petitioners,.and- tobe for the general mining interest.

Oke of the most peculiar documents ever laid on-the table of the Provincial Council is the-petition signed -by the Managers of certain Water Race Companies in the Mount Ida district, and which we publish in another column. It is without date,, and shows no authority from, the shareholders of the Companies entitling the Manage! s to take such extreme action on their behalf. JbVoin a letter' from Mr Henry Anderson to Dr Alexander—datedApril- 17lh, i 873," and attached to the correspondence—asking him to join Mr C. E. Koberts as a deputation to his rlouor- Due Superintendent to present the petition, we should probably date the document about the end of April of this year. Mr Anderson says positively, what-is certainly new to us —we do not know where he got his information. - that '"the General Go- " vernmeiii has decided to construct a " water race from the Manuherikia " .River, sixty miles-hi length, to this " field,' in order to supply the mining ," community with coustant water, and a-price which, if I am rightly inj" formed, would not only defy compeii- " Hon,, but also bring to certain grief " some of the water' races which, un- " fortunately, are situated on or about " the same level with the Government " race now under construction." He goes.on to say that he was led to believe that the writer was only intended | for Hushing purposes, &c, but that-Mr j Bastings said that the Government intended to dispose of the water at ■ nominal rates. As far as our memory ■ j serves- us, JVIr Bastings certainly inti'- j • mated.that.it was proposed, to sell the i

water, but he never said that any plan? of action had been definitely arrived: at.

The petitioners coolly request, infection 9, that all the water brought in should be made no use of—or al-

most imply it should be given, to them, the-petitioners. "We hardly believe that they intended to ask- that the water should be wasted —that the

miners, should have " water, water " everywhere, but not a drop to use " —yet it would almost seem so. In. the summer time, when the Companies' races were dry, they are, we suppose, to watch the Government race run coolly unused down the channel. The Corporation' had better at once erect ■ a fountain,' the clear, limpid stream discharging cool, jets in the air would ' be delightfully refreshing in the heat. Perhaps this is part of the indirect profits hinted at in the petition. We are .sorry that .the petitioners took this mode of action. A plan was suggested by an able correspondent inour- columns some time since, by which all interests might be protected; and there are other plans that., would meet the case equally well." It would - have been more to" the ultimate ad-' vantage of the race Managers if they" had. sought to follow a line of aqtibn , that the-whole district' could have joined them heartily in supporting.For our own part, we are anxious to join them in supporting any arrangement they may propose which does. not outstretch the verge, of reasoneither in-endeavoring to -induce the Government to buy their races at a fair value,, or. for .they themselves to be allowed .to lease the GovernmentWater Supply, to re-let it, at a rate to be agreed upon beforehand,, to the miners* Cut when they take action as indicated, in the petition and Mr Anderson's letter endeavoring ts> prevent the. miners getting the benefit of a more copious water supply at areduced rate per head—we shall be' forced, in-the interests of the district, . to enter our most strenuous opposition.

It is to be regretted that residentspresenting petitions to head-quarters affecting public interests, should with- ' hold them-from the Press for publication. TlnVis the second case within the last few months, of a petition affecting vitally the interests of the district being—we cannot help thinking —purposely withheld from the public prints. We can only say that we are" always anxious to freely publish such documents, that they may be criticised and discussed by all persons- inte--' rested.