THE HERALD. WEDNESDAY, NOV. 26, 1919 WATER RIGHTS.

Alexandra Herald and Central Otago Gazette, Issue 1209, 26 November 1919, Page 4

THE HERALD. WEDNESDAY, NOV. 26, 1919 WATER RIGHTS.

The period of transition which the district is experiencing, the passing fruui mining to agricultural and pastoral pursuits is reflected in the business which lias occupied a larga portion of the time in recent sittings of the Warden's Uourt. Applications for change of purpose, and suits for forfeiture have taken a prominent place in the list of business, and the interest of the public has been manifest in the crowded courts when these cases were being heard. The water no longer required for mining is eagerly desired for farming, and in these days when increased production is so essential for the welfare of the Dominion, it is desirable to apply the water with as little delay as possible to the legitimate use which nature intended. The present position, however, as the Warden has had occasion to remark, is most unsatisfactory. Mining hai almost become extinct : certainly it now takes an inferior place to the more general and increasingly valuable agricultural and pastoral industry. The position today is quite the reverse lo what, prevailed say fifteen to twenty years ago when mining was in the fullest vigour. Then mining, and minig interests were paramount and at the hands of the law, received first consideration. Vet, in spite of cli uiged times, the Warden has to hear, give judgment, and endeavour to dispense justice in theso cases, under the terms of the mining law now quite unsuitcd to the changed circumstances. As an ex ample, under the mining law, a purchaser of mining rights no longer required for mining, takes with his purchase the priority attaching to the original grant, and steps in ahead of all secondary or other inferior right holders. This might bo fair enough under the mining law, were the tiov purchasers intending to continue mining operations, but when the purchasing party quite plainly makes the purchase with the intention of ap plying the water to an altogether dill'erent purpose than that of mining, then the position is distinctly unfair to the inferior right" holders. Again, it is just as unfair for secondary rightholders who arc not using the water for raining, to step into first place carrying with them all the secondary rights now converted to first rights to the exclusion of other settlers who arc entitled,, to a share of the water made available by the cancellation of the first rights. In both eases, advantage is taken of the terms of a law meant for administration where mining conditions prevail for a purpose quite apart from mining, uamely—irrigation. Wardens in the past, naturally and wisely granted inferior rights for irrigation when they were- quite satisfied that all mining demands woro first met. These inferior irrigation lights were sometimes granted in a lavish scale, the Warden knowing that the holders could only get what water was left after the miners were satisfied. It was never contemplated that these inferior and freely granted rights should automatically be transformed into valuable vested water property to the exelusion of scores of prese'it and future settlers. The present Warden recognises this, and has on more than one occasion'emphasised the fact,- that in a district like Central Otago water

is. the life-blood of the community, and should be held in trust for the benefit of the settlers generally, This is an axiom which will he generally endorsed