IMPORTANT WATER-RIGHTS ACTION.

Otago Witness, Issue 1901, 10 July 1890, Page 14

IMPORTANT WATER-RIGHTS ACTION.

A very important case to minerß was decided by the warden at Riverton on Friday. Barry Donovan and others complained against M. HennesHey thathe had run tailings into the Taunaocreek.Orepuki.tberebyfouliugthewater and causing the oomplainants' water-race to become filled up with Bludge and tailings so that it would not carry the water that they were entitled to. They therefore claimed £37 damages and £10 as ooßt of oleaninK put their raoe, and £20 for loss of time through the wait of water caused by tbe iludgiog up, Tbo

warden decided (in accordance with the case Guffie and others v, Christian and otherß, beard on appeal by Judge Gray in Dunedin in 1875) that the complainants were entitled to have the water in its natural condition, and that no person baß any right to run failings into any creek or river to the injury of holders of water-rights, and [gave complainants £20 damages. This deoiaion, while probably just to the holders of water rights, will simply put a stop to mining in this district, as these rights are held in nearly every oreek. In this particular oreek the holder of the first right, is entitled to lift water near the edge of the bush, and there are a large number of miners working higher up the oreek who run their tailings into it and cannot deposit them anywhere else ; in faot so much sludge and tailings are run into the oreek that there are two or three sludge olaims on the creek where the owners make good wages by simply saving the gold that baß been lo3t by thee mining above them. Tbe owner of one of these olaims purchased it for a considerable sum, but now, according to this decision, all those miners will have to stop work, and not only that but, they may already have rendered themselves liable for heavy damages. Tbe matter is so serious that if it is found thai; the sections of the Mining Act which authorise the Government to proclaim any creek or river 1 a channel for tailings do not give sufficient power, the act will require to be amended, because it is simply absurd to imagine that the whole gold field is to be" locked up to give one person olean water.— Southland Times' Correspondent.