Property Owner Defends Water Supply Charge

Press, Volume CX, Issue 32379, 19 August 1970, Page 6

Property Owner Defends Water Supply Charge

A Canterbury land-owner charged with three offences under a water supply by-law of increasing the flow of water in a water race, lessening the flow of water and diverting the flow of water on his property all on the same date, pleaded not guilty through his counsel in a hearing before Mr W. F. Brown, S.M., in the Magistrate’s Court yesterday. The Magistrate reserved his decision.

The defendant, Jack Francis Tutton, a company director and owner of the Waieti Stud, Swannanoa, was represented by Mr P. T. Mahon.

Mr A. D. Holland appeared for the informant, the Wal-makariri-Ashley Water Supply Board. The information was laid under the board’s Brown’s Rock Subdivision Bylaw, 1965. The defendant was charged that on December 6, 1969, he permitted acts which increased the flow of water in Brown’s Rock water race, lessened the flow and diverted water belonging to the race. Mr Holland submitted that by pumping water into the race at one point and out at another the defendant was using the race as a conduit pipe for his irrigation system. Mr Holland said the water race served a number of properties which were subject to drought. It was the duty of the board to maintain the flow over the whole length of the race to the best of its ability. “It is immaterial, in the

light of the by-law, whether the same amount of water la put in as is taken out," he said.

Trevor Kenyon Court, an accountant, of Rangiora, and secretary of the board, said that when he inspected Mr Tutton’s property on December 6 water was being pumped from a well into the water race. About half a mile downstream a tractor was being used to pump water out of the race into an irrigation system. He said Mr Tutton had no authority from the board to take or divert water from the race.

Corroborative evidence was given by Peter Norman de Roo, a water ranger employed by the board. Cross-examined by Mr Mahon, he agreed Mr Tutton had always maintained that he put more water into the race than he took out. Jack Francis Tutton said in evidence that he pumped water into the race through a six-inch pipe from a well about 12 feet away from the race. The water was “gin clear.” He said that downstream from this point he drew water from the race with a fourinch pipe for irrigation purposes. The flow of water into the race was at the rate of 240 gallons a minute, and the withdrawal at the rate of 160 gallons a minute. The extra 80 gallons a minute was left in the race for use by the property owner downstream.