The Kauaeranga Stream.

Thames Star, Volume XXIII, Issue 7182, 12 May 1892, Page 3

The Kauaeranga Stream.

Mr J. W. Walker's Applications THE WABDEN HAS JURISDICTION. A FUETHEE ADJOUENMENT. The adjourned applications made by Mr J. W. Walker for the right to two water races from the Kauaeranga stream above the County race, were again called on at the Warden's Court this morning. It will be recollected that the: Thames County Council objected to the granting of the application?, contending that the Kanaeranga stream and all its tributaries were absolutely vested in them on behalf of the public, and that the Warden had no jurisdiction in the matter.

Mr Purchas appeared for the applicant, and Mr Miller for the objector, whilst Mr H. C. Gillespie was present in connection with the Kauri Timber Co.

The Warden said tbat the applications were for water-raeeß above the head of the County water-race at Kauaeranga, and were objected to by the Thames County Council* on tbe ground tbat the Warden had no jurisdiction. Before going into the matter, he had to consider what water races were constructed for, and these purposes, be thought, were to foster and assist the goldfield, and save the cost of erecting expensive steam machinery for the treatment of quartz. Tbe Immigration and Public Works Act of 1870, in its 26th section gave power to Superintendents of Provinces to construct races for the supply of water to goldfields; and the #?.rd section entrusted the Governor with power to define all lands and streams to be taken. The Acts of 1871 and 1872 showed, in conjunction with the other statutes, that the intention of the Government was to foster the mining industry by allowing money to be borrowed for the construction of water races. Section 8 of this Act showed that it was necessary that before the publication of the Proclamation it wbs compulsory that (the proposed line of aqueduct should be Barked out on the ground along the whole length of such race, and pegs driven into the ground at a distance from each other not greater than one chain. It was under that section that the proclamation, which in the main part quotes the Acts referred to, that it was necessary to lodge the plans, maps,",or drawings, and 6bat they were fcr be deposited and became part of the proclamation. The plan tbat was drawn of the Thames water race, and which wa* part of the proclamation, only commenced at the Te Tahunga .Creek and ended at Grahamstawn, This undoubtedly was the lme marked out and Keged as required by the statute. The ibli« Works Act of 1876, in esetion 205 stated tbat in tbe sth schedule the Thames water race was a race under that Act, and the 207 th section made it liable to the same laws and regulations affecting all water races on goldfiejds. Therefore, in his (the Warden's) opinion, »o long as be in no way diminished the County's «upply, he had jurisdiction which would lie exactly the same as in the ease of any other water race. The main point, how* tr&t, was to do the most good to the greatest number. It would consequently be necessary to be very oareiul, and not grant anything tbat would in any way diminish the water requir-i for the County race. Before deciding upon the ease he would visit the ground, and would therefore adjourn the application until the 9th of June, before which date he would visit the locality.