626

THE NEW ZEALAND GAZETTE.

person shall shift or alter the head of any race with-
out the written sanction of the Warden, nor to the
prejudice of any existing right.

Alteration of Races.

32. The alteration or extension of a race at any
    time shall not in any way affect any right or privilege
    attached to such race, and the owner 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 ex-
    tension shall first be approved of by the Warden.

Number of Sluice Heads allowed.

33. The number of sluice heads allowed for any
    such race as aforesaid shall be determined by the
    Warden, according to the circumstances of each case
    and locality; and no water-right shall be granted for
    the use or diversion of any water which is or may
    be shown to be required for public purposes or for
    the use of the miners generally.

Water not to be wasted.

34. Owners of licenses shall not allow any water
    to run to waste, and any such owner, when not using
    the water, shall (if required by the Mining Inspec-
    tor) turn off the water at the head of his race into
    its natural channel.

Construction of Crossings, &c.

35. Any licensee of a water-race, cutting the same
    across roads or thoroughfares, shall construct and
    keep in repair good substantial and suitable crossings
    over the said race, not less than twelve feet in width;
    and shall also construct suitable approaches not less
    than ten feet in length to and on each side of said
    crossings. And any person or persons opening up
    new roads or thoroughfares across any race shall
    construct and keep in repair suitable approaches as
    aforesaid thereto: Provided that such last-mentioned
    roads, thoroughfares, and crossings shall not inter-
    fere with the security of the race.

Obstructions to Water-courses.

36. No person shall deposit any earth, stones,
    tailings, or other substance in or so that it may be
    washed into the bed of any water-course, so as to
    obstruct the flow of the water therein, unless by the
    express permission of the Warden in writing.

Races may be carried through-Claims.

37. Upon application being made to the Warden,
    it shall be competent for him to authorize the appli-
    cant to pass a water-race over, under, or through any
    claim or authorized holding: Provided that compen-
    sation shall be allowed, and such compensation shall
    be fixed, as in the case of compensation for improve-
    ments, as provided for by section sixty-five of the
    Act, for estimated damage (if any); and prior to
    commencing the construction of such race, such
    compensation shall be paid to the owner or owners
    of the claim or authorized holding over, under, or
    through which the proposed race has to be con-
    structed.

Reservation of Water.

38. The Warden may, by notice in the Provincial
    Government Gazette, set apart any spring, stream, or
    other depository of water for domestic purposes; and
    no person shall thereafter defile such water, or do any
    act whatsoever by means of which such water may be
    defiled or rendered unfit for domestic purposes.

Original line of Race may be altered.

39. If by reason of any natural impediment, it
    shall be impracticable, or attended with unforeseen
    difficulty or expense, to cut or construct a race
    according to the line originally designed therefor, it
    shall be lawful for the licensee of such race, having
    first obtained the permission in writing of the
    Warden, to deviate in the cutting of such race so far
    from such originally designed line as shall be neces-
    sary to avoid the effects of such impediment, pro-
    vided that no prior right be affected thereby.

Repair of Race.

40. When a race is in so inefficient a state of
    repair as to cause a waste of water, the Mining In-
    spector may order the water to be turned out at the
    head of such race until the defective portion is made
    good.

Dams, &c.

Mode of Application.

41. Any person desiring to obtain a license for
    the construction of a dam or reservoir shall make
    application to the Warden in writing, in the form
    hereto appended, marked Schedule Q, and shall
    furnish with such application a plan for the informa-
    tion of the Warden, showing, as regards a dam, the
    site of such dam, and, as regards a reservoir, the site
    and area of such reservoir, together with a specifica-
    tion containing all details of construction; and the
    applicant for such license shall obtain from the owner
    or owners of all claims or other authorized holdings
    contiguous to such proposed site, or any other per-
    sons who may be affected by such proposed dam or
    reservoir, a certificate, in the form hereunto annexed,
    marked Schedule R, expressing his or their assent to
    or dissent from such application.

Application to be posted, and Conditions.

42. A copy of the application required by the
    previous section shall be posted and maintained for
    fourteen days at the site of the proposed dam or
    reservoir, and if all other proceedings required by
    the Act shall have been fully complied with, the
    Warden may, after hearing all parties interested,
    grant a license for such dam or reservoir; provided
    no valid objection shall have been substantiated
    thereto; and provided that such dam or reservoir
    shall be substantially constructed, that such construc-
    tion shall be approved by the Mining Inspector, and
    that the license for such dam or reservoir shall be
    granted and held, subject to the inspection and ap-
    proval of the Mining Inspector from time to time, as
    he may consider necessary.

Licensee may construct Catch Races.

43. The licensee of any dam or reservoir, on ob-
    taining permission from the Warden in writing, may
    form and cut or construct catch races to gather and
    convey water into such dam or reservoir: Provided
    that if such races are required to convey water from
    any running stream or creek, they must be acquired
    in the same manner as ordinary water-races.

Date of Issue of Licenses.

44. For the purpose of section eighty-five of the
    Act, the date of issue of a license for a water-race,
    dam, or reservoir, shall be deemed and taken to be
    the date advertised as that on which the same may
    be granted, unless any objection shall have been
    lodged to the granting thereof, and in such case the
    date on which such objection shall have been finally
    adjusted.

Applications may be deemed relinquished.

45. If the first annual payment to be made for a
    license for a water-race, dam, or reservoir be not
    made on the day of issue above mentioned, or within
    thirty days thereafter, the Warden may deem such
    application relinquished, and may order the balance
    of deposit paid by the applicant to be applied to
    gold fields revenue.

PART III.

Machine, Business, and Residence Sites.

Application for Business and Residence Sites.

46. Any person desirous of obtaining a license to
    occupy land for a business or residence site shall
    mark the corners of such site with posts standing
    not less than two feet above the surface of the ground,
    and being not less than three inches square, and shall
    make application to the Warden in the form marked
    Schedule S, and a copy thereof shall be posted and