WATER-RIGHT APPLICATION.

Otago Witness, Issue 2810, 22 January 1908, Page 30

WATER-RIGHT APPLICATION.

AN INTERESTING CASK At iEe Warden's Court at Alexandra on the 13th, an application was made to change the purpose for which a water right was granted. The following report is taken from toa Alexandra Herald.;.-^

John Ewlng (Mr M'Kean), applied to ' change the purpose of two water races otit of Butcher s Guhy from mining to irrigation purposesf-^-O-bjected to by Borough of Alexandra (Mr Bartholomew). The grounds of J the objection were that all the waiter in the creek was required for mining purposes, that applicant's races had not been used for many years for their proper purposes, and had been abandoned and were liable to forfeiture, and that is the applications weie granted they would seriously prejudice objector's rights. Both applications were taken together. - j For the- objectors, Henry Schaumann, j Mayor of the Borough of Alexandra, gave j evidence that -the borough had recentfy ! acquired a water race, formerly held by Lye Bow, for supplying the town with water for domestic use. The right was for two heads and was the superior Tight in the creek. Lane and Co. held a right from the same creek, and had made application for a fee to be fixed to enable them to get half the borough water. The borough required two heads, and if the full quantity were brought in it cou.d- be used by the borough. The chief objection t<^ the present applications was that the water was required '"■ for mining purposes, and the Lanes would^ not apply for the * borough water if there were plenty for mining purposes. The intake of Ewing"s race was some miles higher jjp, the , creek 1 than the borough intake, and if the applications were granted the borough's rights would be- prejudiced. j William E. Lane, one of the owners of the property known as the Golden Beach, said they held a right - for three heads from .Butchers Creek, ard they were used for mining purposes. For four months' in the year they got their fulL amount, but it was, short during the other eight months and sometimes weni right off. 'They had made application with a view to getting half of the borough right, and they wouldi not have- applied for it if they had sufficient water of their- own. Their party had objections to the borough beinggranted its right on the ground that the water was required for- mining purposes. John Rivers, holder of wster races and dams at Bald Hill Mat, knew the two races that were referred to in the present application, and _ used for inri.ng purposes. Some 18 months ago ha applied to hove Ewing^s Tight cancei'ed, and did not think the present rights worth applying for. H*d they been valuable ■ lie -would have applied for them. A cci-, i tificate of abandonment, was, .'granted to' him/ over-Ewingls rights.'/ -used for mining last • year- -<and' wouria. v bs" valuable m-the early spring to anyone hojding a> race and running, water into. it. For, the application, evidence was given by John. Orossan Smith, farmer, residing at Bald" Hall Flat. 'He' knew the rights, and leased them from the Bank of New Zealand since September, 1906. He. agreed by the lease, -to protect th«-- rights ..from forfeiture, and , the= water had Been used for mining purposes during 'that time by the . Las* Chance Company. There was not suffi- ' "cienf- water in tKe creek to supply the rights applied" for, and ' there- waa. only - sufficient water from aboui October- 23 to . the first week in. December. The- water was of no value- as a mining right, as it was only of short" duration. Swing's intake .was' about 400 -yards, above Laneis intake, and about two- miles and a-half above! the borough mii take. He had made, no definite anangemen-t I with, the Bank of N«w Zealand! or with ■' Ewing for using the water for irrigation purposes. Neither the bank nor Ewing . owned any hind. i Both, counsel urged their respective claims ! according to~ the evidence adduced. The Warden did not think that the applicants had mad© out a sixfficiently strong ca=e to justify Mm in altTtne +'ie t)irrr>o=e- , asked for, as they were the owners of no ' land in the district. It was not for their own uee that applicants sought to change Hie purpose, but it appeared as if they sought to get a better title in the event of wanting to dispose of the rights. Against , that it had been shown that the water had ! been used, and was required for, wining 1 purposes. In the borough's application some* , time ago he had given the matter grave consideration- before- recommending it to the Minister. In' that case a whole oommunityt was affected as against on© individual in the present application.. The- rights werevalueless as mining * rights',, .but would be valuable-, for- irrigation, and from his own personal knowledge, of the locality he was not justified in granting- the application, and it could not be urged thai 4«. .water., was not used for mining ' purposes. The application | would be refused. , . I