Mining Regulations




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same until the work is completed otherwise
any superiority of right to which they may
be intituled by virtue of such registration
shall be deemed to be forfeited.

5.—Superiority of right forfeited by disuse.

If any race shall be entirely unused for a
full period of thirty days at a time when
water is available for it, occupation of the
right shall be deemed to have recommenced
at the last re-occupation thereof.

6.—Abandonment of races.

All right to any race shall become for-
feited if abandoned for the space of one
calendar month, unless in cases 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 sus-
pension shall be given in writing to the
occupiers.

7.—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.

8.—Alteration of races.

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

9.—Insufficient Supply of Water.

If the water flowing in any creek or river
is insufficient to supply all the races con-
nected 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
right. (See 11.)

10.—Water Guage.

If any dispute shall arise between holders
of water rights deriving their supply from
the same creek or watercourse, 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 guaged by a box, 12 feet
long, 10 inches deep, and 20 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 end of exit, shall be
fitted with a bar, 2 inches high, affixed to the
floor of the box, and with a pressure or head-
board, 6 inches deep, affixed to the top of the
box, leaving an aperture of 2 inches in depth,
and of the full width of the box.

(a) If more than one sluice head of water
requires to be guaged, the guage box should
be enlarged horizontally to ensure accurate
measurement. But when this cannot be done,
owing to natural obstacles or other sufficient
reasons, the guage box may be enlarged per-
pendicularly, 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.

(b) The guage box shall at all times be
placed on a level. When water is taken
from one source only, the supply shall be
guaged 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
guage box shall be placed immediately below
such side stream, or the last of such side
streams.

(c) The velocity of the water above the
guage box shall, if required, be lessened by
the construction of a dam bank, or by level-
ling the race for a distance of 30 feet; and
such velocity shall not exceed an average of
one foot per second in the said 30 feet, to be
guaged by a float.

11.—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 ade-
quate cause being shown, to reduce the quan-
tity, in due and equal proportion, which the
said holders shall be entitled to draw there-
from, and to regulate the time and mode in
which such water may be used.

Provided that nothing herein contained
shall be deemed or taken to affect the rights
of the holder or holders of a first water right
hereafter granted on any stream; but such
holder or holders shall at all times be entitled
to the full supply of water for which he or
they shall be registered.



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Online Sources for this page:

PDF PDF Nelson Provincial Gazette 1865, No 23





✨ LLM interpretation of page content

🌾 Rules and Regulations for the Nelson South-west Gold-fields (continued from previous page)

🌾 Primary Industries & Resources
Gold-fields Act, Mining Regulations, Water Rights, Water Races, Water Guage, Warden