CREEK WATER TAPPED

New Zealand Herald, Volume LXX, Issue 21411, 8 February 1933, Page 12

CREEK WATER TAPPED

MINING COMPANY'S RIGHT OBJECTION BY LANDHOLDER STREAM USED AS BOUNDARY [BY TELEGRAPH —OWN CORRESPONDENT] DUNEDIIf, Tuesday An objection was made by Mr. Eric Skinner, runholder, of Waitahuna, in the Warden's Court, against a n application by Paddy's Point Gold Mining Company for a water right over the Bungtown Crock. He complained that the diversion of the water would deprive him of the natural boundary afforded by the creek between his property and that of his neighbour. The case was the first of its kind to come before tho Warden's Court. Mr. Skinner claimed that at present his sheep did not cross the creek and could not do so becauso of the water. Ho asked that if tho application were granted it be made a condition that the company erect a boundary fence along the bank of the creek.

Counsel for tho company contended that the mining interest was paramount, that a landholder must take up land with the risk of losing the natural protection given by any creek when tho water was required for mining, and that in any case the Mining Act did not give the warden power to order the creek to be fenced. Evidence was given to show that at present the water in the creek was insufficient to prevent the sheep crossing, and that the creek included at least as much water from the gullies below the company's proposed intake as at the intake, and that if tho sheep did not cross it was because of tho roughness of the bed of the creek and its precipitous sides.

The warden said he did not think he could order the fencing, but, as in any case tho objector had not proved that the creek was a natural boundary, he must disallow the objection.