✨ Water Race Regulations
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4.—Cutting Races.
The cutting and formation of water races, must be commenced within one calendar month from the issue of the Certificate of Registration, and the holder of such Certificate shall continue cutting and forming the same until the work is completed.
5.—Abandonment of Races.
If any race is unused for the space of one calendar month, at a time when water is available for its occupation the right shall be deemed to have commenced at the last re-occupation thereof, and all right to any such race shall become forfeited, if abandoned for the space of one calendar month, unless the authority of the Warden, in writing, to abandon or unuse such race, shall have been given and obtained, and duly posted at the head of such race.
6.—Alteration of Races.
No person shall alter the head of any race, or extend any such race, without a certificate of registration, authorising the alteration or extension of the same having been first obtained from the Warden; and any person wishing to alter the head of any race, or extend such race, shall comply with the provisions of clause 1, as if intending to apply for a new race.
7.—Keeping Races in Repair.
The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge or culvert over any road in ordinary use crossing the same.
8.—Water for General Use.
If required for public purposes, two sluice heads of water, or less, at the discretion of the Warden, shall be at all times allowed to flow in the natural course of any stream, for general use.
9.—Number of Sluice Heads allowed.
The number of sluice heads allowed for any race 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.
10.—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.
11.—Special grants of Water.
Any person desirous to obtain any larger quantity of water than that specified in clause 9, upon sufficient cause being shown to the Warden that such larger quantity be required for the proper and more effectual working of large areas, or for the purpose of supplying any part of the gold field with water that could not be brought on, remuneratively, without an inordinate amount of labour or expense, shall give notice thereof, in writing, to the Warden, in the form set forth in Section 1 (ante) of these regulations, and copies of such notices shall be posted and maintained for no less than thirty days in conformity with the provisions of such clause as aforesaid: Provided that such notices of application shall bear the following heading in large letters:—“Application for special grant of water;” and the granting and issuing of a certificate of registration for such application for special grant of water, shall be made in conformity with the provisions of clause 1 (ante): Provided always, that the owner or occupier of any such specially granted race, shall, if requested by any person requiring the same, allow such person the use of any such surplus water held by him, on a fair and reasonable price either agreed upon, or to be estimated by the Warden or Assessors, being first tendered to such owner or occupier, by such person desirous of using the surplus or any of the surplus water granted to, and held by the owner or occupier of such race—and the Warden shall, in all cases requiring the same, determine the conditions necessary to regulate the letting or using of such surplus water.
12.—Keeping Races in Repair, Bridges, &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.
13.—Interfering with Races.
No person shall destroy, damage, or interfere with any race or water right; and the owner or occupier of any race crossing any other race or stream duly registered, and holding superiority of right by priority of registration or application, shall carry his race either over or under such superior race.
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🗺️ Regulations for Cutting and Maintaining Water Races
🗺️ Lands, Settlement & SurveyWater races, Mining, Regulations, Maintenance, Abandonment
Marlborough Provincial Gazette 1867, No 146