WATER SUPPLY ON GOLD EIELDS.

9

D.-No._tf.

Endorsed upon this certificate are the following conditions: —" This tail race is granted by direction of His Honor the Superintendent, upon the condition that parties working along the line of such tail race are to use it free of charge." 22nd December, 1866. Charles Broad, Warden. And also, " The above condition is only to apply to parties sluicing on the spurs along the line of race who shall be permitted to run their tail water into the race free of charge, provided they are in occupancy of their claims at the time of the cutting of ther ace." 26th December, 1866. (No signature, Warden. " This condition was placed on by the Secretary for Gold Fields, vide his letter 2,395, 1866. Charles Broad" (The letter referred to by Mr. Broad can be found in the books belonging to the late Secretary for Gold Fields Office in Dunedin.) No. 2 Company also hold a certificate (No. 542, 11th February, 1868) " for an alteration of a tail race commencing about 50 yards above tunnel in Dunedin road, length about 750 yards." John Nugent Wood, Warden. 7. It will be observed that neither Company holds any grant of water by certificate, as provided for and required by the regulations. But it appears that in June, 1867, an action was brought in the Warden's Court by Carling and party (No. 1 Company) against Farmer and party (No. 2 Company) for _50 damages ; and at the hearing of this case Mr. Warden Wood pronounced the very peculiar judgment by which No. 1 Company became declared entitled to eight sluice heads of water for the first time. This judgment was appealed against, and on hearing of the appeal His Honor Judge Grey defined the eight sluice heads to be " water derived from the natural supply of the creek, or water which reaches and mingles with the natural creek water." I append a copy of these judgments. No certificate has ever been issued for the eight heads. 8. The effect of these decisions has been to confer the water supply of the gully on No. 1. What is left after No. lis satisfied is claimed by No. 2. But as the latter has lately sold out to No. 1 this matter can be dealt with as a whole. 9. The tail race of No. 1 (see rough sketch) now extends from about half a mile above the township to three miles and seventeen chains below it. To protect their race from being silted up by tailings from other claims, they have gradually sodded up (i.e. built up a bank of sods) their channel thereby stopping the scour of the tailings and tail water combined from Eoach's Gully, and the many tail races coming from the hill workings on the west side of the main gully below the township. The effect of this action is fully set forth in the statement of Mr. Lewis. 10. So far as Eoach's Gully is concerned, I have no hesitation in saying that unless action is speedily taken the town will be swamped. The " lay" of the land is towards the main gully, and the town is- placed between the two. Already sod banks have had to be built up in the main road (within the township) to keep the tailings off private property. I have seen several certificates granted at various times for tail races in Eoach's Gully, and they all bear the same characteristics, having been issued merely as " from the claim of A.B. to Eoach's Gully," no point of termination being defined." But it is not possible to roll back the chariot wheels of time, and since that which has been done remains, it is only necessary to propose a remedy for the future. 11. I am of opinion that, in the strict letter of the law, the claimholders in Eoach's Gully should be compelled to carry their tail races past the township to the main gully. And I question very much whether No. 1 Company have acquired a legal title to eight sluice heads of water, since they have not complied with the Gold Fields Eegulations relating to tail races. 12. But there would be great difficulty now in enforcing the strict letter of the law in these respects, I have therefore sought for an alternative. 13. Without the aid of the scouring power furnished by the water used by the Extended (No. 1) Company, it would not be possible to accomplish anything satisfactory. I therefore held a conference with the shareholders of that Company, and after much debate I obtained from them the following concessions:— " That for the sum of £500, to be paid by the Government, they would permit the public use of their present tail race from a point immediately above the bridge on the Kyeburn (Dunedin) road, with the water flowing therein, Government to make any necessary repairs of the race from that point downwards. The company reserve to themselves their right to the use of such race without payment, and also their right to any gold therein." 14. In the event of the Government acceding to this proposition (which I regard as very favorable to the public), I propose that Trustees of tho channel should be appointed to enforce the proper use and repair thereof under a regulation hereafter to be made, similar in principle to the proviso now attached to Sec. 2 of Eegulation XIII, so that the tail race shall be kept in an efficient condition by persons using the same, and no further expense thrown upon the Government. 15. It will also be necessary to construct a branch channel from a point 300 yards above the Dunstan road to below the bridge on the Dunedin road, a total length of about 710 yards. The fall in this portion of the proposed work would be about 70 feet, or, say lin 30. The fall in the main gully is (as shown in the plan of proposed channel) very good. The quantity of water available for flushing varies with the seasons. But of course when there is little water there are few tailings. The following (approximate) statement was obtained by me : — Supply of water at Hogburn. Max. Mm. Main Gully, above township ... ... ... ... 12 to 2 inches „ below township ... ... ... ... 12 to 2 „ Eoach's Gully „ ... ... ... ... 2 to -J „ _ Total ... ... ... 26 to 4* „ These figures refer to Government sluice heads of water. It will be seen therefrom that from 180 inches minimum to 1040 inches maximum are available for the purpose. As to the manner in which the channel should be repaired, the opinion of an engineer seems desirable. But as a practical