WATER RIGHTS. APPLICATIONS FOR WATER BIGHTS.

Daily Southern Cross, Volume XXIV, Issue 3319, 6 March 1868, Page 4

WATER RIGHTS. APPLICATIONS FOR WATER BIGHTS.

45. Any person intending to divert; and use water for mining purposes, by means of any water race to be constructed, shall give notice thereof in writing to the Warden, and to any person whose interests may be affected by the diversion of such water, and copies of such notice shall be posted and maintained for fourteen (14) days at the source whence it is proposed to obtain water, and at the proposed termination of such water race, and the intended coarse thereof Shall be indicated by pegs not less than two inches square, or by large stones marked [with a broad arrow] and placed not more than two hundred (200) yards apart, and such notices shall state the mean breadth and depth of the proposed water race, and the quantity of water it is capable of carrying. And if no valid objection be entered against the construction of such water race within fourteen (I4)days from the delivery of such notice, a license renewable annually may be granted by the Warden to the applicant subject to the provisions and conditions herein contained.

I WATER REQUIRED FOR PUBLIO C7SE NOT TO BE GRANTED. 46. No license shall be granted for the use or diversion of any water which is or may be required for public purposes or for the use of the miners generally.

BACKS IORMBRLY MADE TO BK REGISTERED. 47. R*ces constructed prior to the proclamation of *ay goldfield, or of these rales and regulations, must be registered with the Warden, as prorided by section 45.

SUPERIOR BIGHTS DEFINED. 48. Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant haying the supreme right. In all oases when the occupier claims under a certificate or other authority in writing by the WardeD, occupation" shall be taken to have commenced at the date of such certificate or authority.

BACKS TO BE COHMBNOBD WITHIN GIVEN TXICE. 49. The cutting and formation must; be com* menoed within one calendar month from the date of registration, and the occupier shall continue cutting and forming the same until the work is completed, otherwise any superiority of right to which they may be entitled by rirtue of suoh registration •hall be deemed forfeited.

roBFEiTimE or racks. 50. All right to any race shall become forfeited if abandoned for the space of one oalendar month, union in caws of sickness, or unavoidable absence, or in consequence of failure in water, but it shall be lawful for the Warden, in his discretion, upon suffioient cause being shown, to suspend the operation of the regulation for a further period of one month, ' and a certificate of such suspension shall be given in writing to the occupiers.

. . ■ < HEADS 01 BACK. 51. All races that may hereafter be cut; shall have a point specified at which they shall be taken from . the oreek or rirer ; in races already cut, this point shall be taken to. be the spot from which the race now heads. No person shall shift; or alter the head of any race without the. written sanction of the Warden, nor to the prejudice of any existing right.

ALTERATION 07 RACES. ' ■ -:■ 52. The alteration > or extension of > a race at any xtime «hall nob in any way affect any right or privilege, attached! to such race, and the holderi thereof shall, during luch.aiteratien or< extension, be deemed to be in bccuDation of a,E the . righto and|»rivilege».' <

attaohed to such race. Provided that such alteration f or extension shall first be approved of by the I Warden. ,

INSUFFICIENT SUPPLY OF WATEB. ' 53. If the water flowing in any creek or river be insufficient to supply *U the races connected therewith, the owner of any right shall, on receipt of a written notice from the owner oE a superior right, stating that the supply of such superior right is leas than he is entitled to, immediately cease to use the water, or such portion thereof as may be necessary to make up the supply of the superior right. Sectiou 11.

WA.MKB GAUOI. 54k If any dispute shall arise between holders of water rights deriving their supply from the same creek or water coarse, relatire to the quantity of -water to which each of them the said holders is or may be entitled, the following shall be taken to be a head of water and such holders shall be limited there* to:— ! (a) A stream of water gauged by a box twelve (12) feet long, ten (10) inches deep, and twenty (20) inches wide, all measured in the clear ; the box ■hall be ' covered throughout ; the upper or entrance end of such box may be left entirely open, but the lower end or end of exit shall be fitted with a bar, two (2) inches high, affixed to the floor of the box, and with a pressure or head board, six (6) inches deep, affixed i - to the top of the box, leaving an aperture of two (2) inches in depth and of the full width of the box. (b) If more than one sluice head of water requires to be gauged, the gauge box should be enlarged horizontally to ensure accurate measurement, ' but when this cannot be done, owing to natural obstacles or other sufficient reasons, the gauge box may be enlarged perpendicularly, in which case the depth of the pressure or headboard shall be reduced at the rate of one inch for every additional head of water that it perpendioularly measured. (c) The gauge box shall at all times be placed on a level; when water is taken from one source only, the supply shall be gauged at the head of the race, or the source of supply. But if the race is fed or supplied in any part by any aide stream, or streams, the gauge box shall be placed immediately below such side stream, or the last of such side streams. (d) The velocity of the water above the gauge box shall, if required, be lessened bj the construction of a dam bank, or by levelling. the race for a distance of thirty (30) feet, and such velooity shall not exceed an average of one (1) foot per second in the said thirty (30) feet, to be gauged by a float.

SUPPLY OF WATER MAT BE KEDtTCED. 55. When the supply of water from any creek or stream shall be insufficient for the use of all the holders of water right thereon, it shall be lawful for tbe Warden, upon adequate cause being shown, to reduce the quantity in due and equal proportion which the said holders shall be entitled to draw therefrom, and to regulate the time and mode in which such water may be used. Provided that nothing herein contained shall be deemed or taken to affect tbe right of the holder or holders of a first water right hereafter granted on- any stream • but such holder or holders shall at all times be entitled to the full supply of water for which he or they shall be registered.

NUMBER 07 SLUICE HEADS ALLOWED. 56. The number of sluice heads allowed for any such race us aforesaid shall be as follows :— One or two miners, one (1) sluice head or forty (40) inches of water ; four or more miners, two (2) sluice heads.

WATER NOT TO BE WASTED. 57. Holders of rights shall not allow any water to run to watte ; bub such' water shall be appropriated to the me of the next holder of a right according to the date of their respective registrations.

TBANSTXB OK ASSIGNMENT, 58. The transfer or assignment of any race, or of any interest therein, shall not affect any tight or privilege attaohed jto such race ; provided that any such transferor assignment shall have been duly registered at the office of the Warden, and a memorandum thereof made upon the back of the original certificate.

KEEPING RICES m BEPAIK, BRIDOOTa, ETO. 59. The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge where any road in ordinary use crosses the race, upon being required to do so by the Warden.

WORKING GROUND OCCUPIED FOR RACES. 60, Any person desirous of working the ground on which any race or portion of a race is situated, may do io by firafe providing an' equally good race for the use of the occupier ; provided that tke conlent of the Warden thereto be first obtained.

RESERVATIONS. 61. No water right shall be granted for the use or diversion of any water which is or may be required for public purposes, or for the use of the miners generally.

WATER FOB GENERAL T7SB. 62. Two sluice heads of water shall, if required, he at nil times allowed to flow in the natural course of a creek or river, for general use.

CAUSING OLAJMS TO BE FLOODED. 63. No persou shall back the water of any creek, river, race, or water course upon any claim, or other wise cause any claim to be flooded, either wilfully or by neglect

OBSTRUCTIONS TO WATER COURSES. 64. No person shall deposit any earth, stones, tailings, or other substance in the bed of any water course, so as to obstruct the flow of the water therein.

SIDE STRBA. MS. 65. Where a race crosses any water course the use of which is required by the holders of miner's rights it shall be carried either orer or under the same, so as not to interfere with the natural flow of the water therein.

CONSTRUCTION OP TAIL RACKS. 66. Before any person shall construct a tail race, he shall firat proceed by notice in the same manner as is directed in section 45, for head raoes. But such notice shall only require to be posted for seven (7) clear days ; at the expiration whereof the applicant shall return to the Warden a copy of the notice, which shall be signed by the holders of the four (4) nearest claims, as expressing their assent to or dissent from the issue of a certificate for such tail-race. And the Warden shall inquire into any objection thereto or any cause of dissent as aforesaid, and shall thereafter issue or withhold a certificate of registration according to the equity of the case.

TJ3K OF TAIL-BAOES. 67. Any person wishing to use a tail-race may do ■o on condition of first paying to the owner of iuch tail-race a proportionate share of the expense of construction, and of any enlargement th»fc may be rendered necessary by such use, pro?ided that the person so using any tail-race shall bear an equal share in any labour or expense incurred ia clearing the same, or such portion thereof as may be so used, whenever it shall be necessary to do so.

FLOOD RACES. 68. Any person may cut * flood race through or by his claim, subject to such restrictions as the Warden may consider necessary for the public good.

BA.OES MAY BE CARRIED THROUGH CLAIMS. 69. Upon application being made to the Warden it shall be competent for him to authorise the applicant to pass ahead-race or tail-race over, under, or through any claim or right ; provided that compensation shall be allowed for estimated 'damage (if any), and prior to commencing the construction of such race such, compensation shall be paid to the holder or holders of the claim or right over, nnder, or through which the proposed race has to be constructed.

CERTOTCATES KENIWABLB AXNVALLT . 70. Every grant or -certificate for a head race shall be brought to the -Warden for renewal annually, and if any such grant or certificate is not ao brought within thirty (30) day* * ffcer the expiration of twelve (12) month* from the date at which it was originally granted, it may be deemed to be forfeited, and the registration thereof may be cancelled.