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IV.—WATER RIGHTS AND RACES.

1. Head races.

Any person intending to divert and use water for mining purposes by means of any head race to be constructed under the authority of the “Gold Fields Act, 1866,” shall give notice thereof in writing to the Warden of the District, and to the holder or holders (if any) of a prior right or rights of their intention to divert and use water from the same source; and such notice shall be in the form set forth in Schedule A, and copies of such notices shall be posted and maintained for fourteen clear days at the source whence it is proposed to obtain water, and at the proposed termination of such race, and the intended course thereof shall be indicated by pegs not less than two inches square, or by large stones marked [ ], and placed not more than two hundred yards apart, and such notice shall state the number of sluice heads the race is intended to carry. And if no valid objections be entered against such race within fourteen clear days from the posting and delivery of such notices, a certificate of registration may be granted by the Warden to the applicants.

2. Branch races for the distribution of water.

Any person desirous of constructing a branch race for the distribution of water, shall first produce to the Warden a written permission to do so from all the persons through whose claims such race is proposed to be cut.

3. Refusal of permission to cut a branch race for the distribution of water.

In the event of any person refusing to give permission to cut a branch race for the distribution of water, the Warden shall have power to hear the case, and grant or refuse permission to construct the same as he may deem necessary. Provided that compensation be allowed for estimated damage (if any).

4. Ground allowed on either side of head race.

The Warden may grant protection for a space of five feet on either or both sides of a head race, or on such portions of the line of the race as he may deem necessary. This rule not to apply to distribution races.

5. Superiority of right.

Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right. In all cases where the occupier claims under a certificate granted by the Warden, occupation shall be deemed to have commenced at the date of such certificate.

6. Races to be commenced within one month.

The cutting and formation of races must be commenced within one calendar month from the date of registration, and the occupiers 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 to be forfeited.

7. Abandonment of Races.

All right to any race shall become forfeited if abandoned for the space of one calendar month, unless in case 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 this regulation for a further period of one month, and a certificate of such suspension shall be given in writing to the occupiers, who shall post a copy of such certificate at the head and termination of such race.

8. Heads of races.

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.

9. Alteration of races.

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

Protection of Prospecting Areas

Protection for the same, and such protection shall continue in force until gold be struck, or the ground abandoned for the space of one clear day, or until gold workings approach such protected area within a radius of one mile. All such areas shall be marked with posts six inches through, and four feet above the surface of the ground; and a notice shall be kept posted on each of such boundary posts with the words “Prospecting Area” legibly written on a board not less than nine inches square. The directions of the boundaries shall be shown by trenches cut from each side of each corner post one yard in length, and one foot in width. Provided that on gold being struck in any such protected area, the party shall mark out the Prospecting Claim to which they are entitled, and proceed as directed in Clause 1 of this section; every such protected area shall be re-registered every three months, and all right to such shall at once cease. Protected areas not to be considered “workings” until the Prospecting Claim is granted on such areas.

5. Notices to be posted by the Warden.

Notices of all Prospecting Claims granted, with full particulars of locality, yield of gold, and description of workings, shall be posted by the Warden on the outside of his office for public information.