51. Superiority of right defined.

Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the supreme right. In all cases when the occupier claims under a certificate or other authority in writing by the Warden, occupation shall be taken to have commenced at the date of such certificate or authority.

Races to be commenced within given time.

52. The cutting and formation must be commenced 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 virtue of such registration, shall be deemed forfeited.

Forfeiture of races.

53. All right to any race shall become forfeited if abandoned for the space of one calendar month, unless in cases of sickness, or unavoidable absence, or in consequence of failure of water, but it shall be lawful for the Warden, in his discretion, upon sufficient 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 of races.

54. All races that may hereafter be cut shall have a point specified at which they shall be taken from the creek or river; 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 of races.

55. The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race, and the holders thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race. Provided that such alteration or extension shall first be approved of by the Warden.

Insufficient supply of water.

56. If the water flowing in any creek or river be insufficient to supply all the races connected therewith, the owner of any right shall, on receipt of a written notice from the owner of a superior right, stating that the supply of such superior right is less 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.

Water gauge.

57. If any dispute shall arise between holders of water rights deriving their supply from the same creek or water course, relative 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:

(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 shall 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 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 head board shall be reduced at the rate of one inch for every additional head of water that is perpendicularly 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 side 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 water above the gauge box shall, if required, be lessened by the construction of a dam bank, or by levelling the race for a distance of thirty (30) feet, and such velocity 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 may be reduced.

58. 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 the 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 the 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.