✨ Mining Water Rights Regulations




895

  1. Keeping races in repair, bridging, &c.

The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge, where any road in ordinary use crosses the race, upon being required to do so by the Warden.

  1. Working ground occupied for races.

Any person desirous of working the ground on which any race or portion of a race is situated may do so by first providing an equally good race for the use of the occupier. Provided that the consent of the Warden thereto be first obtained.

  1. Reservations.

No water right shall be granted for the use or diversion of any water which is or may be required for domestic purposes, or for the use of the miners generally, for mining purposes.

  1. Water for general use.

Water to the amount of two sluice heads, as may be required, shall, if demanded, be allowed to flow in the natural course of a creek, river, or watercourse, for the use of miners working therein, or for domestic purposes, independently of any right that may have been granted out of such creek, river, or watercourse.

  1. Causing claims to be flooded.

No person shall back the water of any creek, river, race, or watercourse upon any claim, or otherwise cause any claim to be flooded, either wilfully or by neglect.

  1. Obstructions to watercourses.

No person shall deposit any earth, stones, tailings, or other substance in the bed of any watercourse, so as to obstruct the flow of the water therein.

  1. Side streams.

Where a race crosses any watercourse, the use of which is required by holders of Miner's Rights, it shall be carried either under or over the same, so as not to interfere with the natural course of the water therein.

  1. Watershed to be protected.

When any person is desirous of constructing a head-race across any watershed of any registered dam or reservoir, such person shall cut a trench one hundred yards in length on either side of any tributary to the dam or reservoir; at a distance not exceeding twenty feet on the upper side of their head-race.

  1. Amalgamation of water-rights.

To give increased facility in working claims, and to prevent unnecessary waste of water, any two or more water-rights may run through one race. Provided that the rights amalgamated follow in rotation, and be distributed according to priority of registration: such amalgamation to be registered.

  1. Construction of tail races.

Before any person shall construct a tail race, he shall first proceed by notice in the same manner as he is directed in Clause 1, Section IV., for head races. But such notice shall only require to be posted for seven clear days; at the expiration whereof the applicant shall return to the Warden a copy of the notice, which shall be signed by the holders of the four nearest claims, as expressing their assent to or dissent from the issue of a certificate for such tail race; and the Warden shall inquire into any objection thereto, or into any cause of dissent as aforesaid; and shall thereafter issue or withhold a Certificate of Registration according to the equities of the case.

  1. Use of tail races.

Any person wishing to use a tail race may do so on condition of first paying to the owner of such tail race a proportionate share of the expense of construction, such expense to be calculated according to the current rate of wages at the time of application for using such tail race: provided that the person so using any tail race shall assist in clearing the same whenever it shall be necessary to do so.

  1. Flood races.

Any person may cut a flood race through or by his claim, subject to such restrictions as the Warden may consider necessary for the public good: provided that no person shall be compelled to pass on such flood race by his claim, unless he derive any benefit therefrom.

  1. Use of water in creek or river beds.

Any holder of a River Claim may use the water in any watercourse on any portion of his claim: provided he does not interfere with the water before it reaches his claim, and turns the water into its natural course immediately on its leaving his claim, and the holder of such claim shall have an equal right to use the water on any part of his claim, subject to the restrictions aforesaid, as though he used the water in the bed of the watercourse.

  1. Races may be carried through claims.

Upon application being made to the Warden, it shall be competent for him to authorise the applicant to pass a head-race or tail-race over, under, or through any claim or right: provided that compensation shall be allowed for estimated damage (if any), and prior to commencing the construction of such races, such compensation shall be paid to the holder or holders of the claim or right over, under, or through which the proposed race has to be constructed, or a sufficient sum be lodged with the Warden to cover any damage which may be done to such claim.

  1. Certificates renewable annually.

Every Grant or Certificate for a head race shall be brought to the Warden for renewal annually, and if any such Grant or Certificate is not so brought within thirty days



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Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1867, No 82





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🌾 Regulations for Mining Water Rights

🌾 Primary Industries & Resources
Mining, Water rights, Races, Regulations, Gold mining