10. Insufficient supply of water.

If the water flowing in any creek or river is 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.

11. Water Gauge.

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 holder, is or may be entitled, the following shall be taken to be a head of water, and such holders shall be limited thereto.

A stream of water gauged by a box twelve feet long, ten inches deep, and twenty 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 exit shall be fitted with a bar two inches high affixed to the floor of the box, and with a pressure or head board six inches deep affixed to the top of the box, leaving an aperture of two inches in depth, and of the full width of the box.

If more than one sluice head of water requires to be gauged, the gauge box shall be enlarged horizontally to insure 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.

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 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.

The velocity of the 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 feet, and such velocity shall not exceed an average of one foot per second in the said thirty feet to be gauged by a float.

A box measuring 12 feet long, one foot eight inches wide, and closed, 10 inches deep, open at the end, and with the exception of two inches; the 10 inches are divided with a uniform opening of two inches cut two inches above the bottom of the box. The box, if placed horizontally, will give a sluice head equal to 60 feet per minute; a similar box with these inches opening will give two heads; four do., three heads; up to eight do., seven heads; beyond which two boxes must be used. The water must be level in the race 30 feet prior to its entering the box. This is usually effected by dam banks where wood is not available.

12. The number of sluice heads allowed.

The number of sluice heads to be allowed for any race shall be as follows:—One, two, or three miners, one sluice head of 40 superficial inches of water, and so on at the rate of one sluice head for every additional three miners.

13. Extended head races.

Upon any person making application to the Warden to cut a head race exceeding three miles in length, notice thereof shall be given in writing to the Warden of the Gold Fields District in which such race is intended to be constructed, and to the holder or holders (if any) of any prior right or rights of his intention to divert and use water from the same source, and such notice shall be in the form set forth in Clause 1, (Section IV), and copies of such notice shall be posted and maintained for fourteen (14) clear days at the source whence it is proposed to obtain the water, and at the proposed termination of such water race, and the intended course thereof shall be indicated by pegs not less than two inches square, or by large stones, marked “H”, and placed not more than two hundred yards apart; and if no valid objection be entered against the construction of such water race within fourteen clear days from the delivery or posting of such notices, a Certificate of Registration may be granted by the Warden to the applicant.

The scale of heads to be taken shall be as follows:—

• For 3 miles, and not exceeding 4 miles, 10 heads.
• For 4 miles, and not exceeding 5 miles, 12 heads.
• For 5 miles, and not exceeding 6 miles, 14 heads.

And so on at the rate of two heads for every additional mile or fraction of a mile: provided that after the expiration of one month from the Certificate being granted, two men to the mile shall be constantly employed on the race until the completion thereof. Provided always that the Warden shall have the power to suspend the operation of the proviso by allowing a less number of men to be employed, and may impose such other conditions as he may deem necessary.

14. Water not to be wasted.

Holders of rights shall not allow any water to run to waste, but such water shall be appropriated to the use of the next holder of a right, according to the date of their respective registrations.

15. Transfer or assignment.

The transfer or assignment of any race, share, or interest therein shall not affect any right or privilege attached to such race. Provided that any such transfer or assignment shall have been duly registered at the Warden’s office, and a memorandum thereof made upon the back of the original certificate.