Water Rights and Races




43

9.——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.

10.——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 holders, 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 running for twelve hours on each day to be gauged by a box, 6 feet long and 20 inches wide, with an opening of a uniform depth of 2 inches across the bottom. The box shall be fixed level in the race, the lower edge of which shall be level with the edges of the box.

10A.——Supply of Water may be Reduced.

When the supply of water from any creek or stream shall be insufficient for the use of all the holders of water rights thereon, it shall be lawful for the Warden, upon adequate cause being shown, to reduce the quantity which each of them, the said holders, shall be entitled to draw therefrom, and to regulate the time and mode in which such water may be used.

11.——Number of Sluice Heads allowed.

The number of sluice heads allowed for any such race, as aforesaid, shall be as follows:—One or two miners, one sluice head; four or more miners, two sluice heads; and so on, at the rate of one sluice head to every additional three miners.

12.——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.

13.——Transfer or Assignment.

The transfer or assignment of any race, or of any 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 office of the Warden, and a memorandum thereof made upon the back of the original certificate.

14.——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.

15.——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.

16.——Reservations.

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

16A.——Water for General Use.

Two sluice-heads of water shall, if required, be at all times allowed to flow in the natural course of a creek or river, for general use.

17.——Causing Claims to be Flooded.

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

18.——Obstructions to Water-courses.

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

19.——Side-streams.

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



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Marlborough Provincial Gazette 1864, No 71





✨ LLM interpretation of page content

🌾 Water Rights and Races (continued from previous page)

🌾 Primary Industries & Resources
Water Rights, Mining Races, Race Registration, Water Supply, Race Construction, Race Abandonment