900
THE NEW ZEALAND GAZETTE.
[No. 65

gauges and distributing pipes; save that, whenever distributing pipes or channels are to be made or fixed along or across public highways, the same shall be so made or fixed, and the necessary works for such purposes shall be executed by the proprietor or proprietors to the satisfaction of the Road Board having control of such highway. All works executed and materials used for the purposes of supplying or distributing water into or through lands, except the gauges of all races and pipes connected therewith, shall be maintained by the proprietor or proprietors; and in default thereof the Council may maintain the same, and the cost thereof shall be paid to the Council by the proprietor or proprietors on demand being made for that purpose; and, in case of default in such payment, the amount of such cost may be recovered in the same manner as charges for water supplied may be recovered.

8. In the case of a united application by several proprietors of adjoining lands, all moneys which shall become payable to the Council in respect of such application, whether for water supplied thereunder or for the necessary work done and materials used in supplying such water to or in distributing the same among the lands of such proprietors, may be charged by the Council to and may be demanded and recovered from any one or more of such proprietors, either severally or jointly, as the Council may think proper, and the Council shall not be concerned to see that such moneys are borne and paid by such proprietors in rateable or any other proportions.

9. Every proprietor to whom a head-race shall be granted shall provide and maintain sufficient tanks for the storage and conservation of the water, and shall not allow the water to run to waste; and such proprietor shall be liable to pay and make good all damage and injury which shall happen to any roads, lands, or works in consequence of the overflow of the water from his tanks or races.

10. A proprietor whose land abuts on the water-race may apply to the Council for permission to take water from the water-race into his land to fill a watering-place on such land in lieu of his taking a head-race, and such application shall be in the form in the Second Schedule hereto, and shall be signed by the applicant, who shall truly state therein the matters and things following, that is to say,—
    (a.) The number or numbers of the rural section or of all the rural sections comprising the land which he desires to supply, or such an accurate description of the land as shall plainly indicate the same and the boundaries thereof;
    (b.) The acreage of such land, according to the Government survey thereof;
    (c.) The point on the boundary of his land at which he desires that the water shall enter his land.

11. In case the Council shall grant such application as last mentioned, the works necessary for carrying into effect the purposes of the application shall be approved by and executed under the supervision of the Council, and at the cost of the applicant.

12. Subject to payment of all rates, and of the charges for the use of the water which are hereinafter provided, and to his being duly licensed by the Council for that purpose, any proprietor whose land shall not be supplied under By-law No. 10 shall have access to the water-race at such place or places as the Council may appoint for the purpose of taking away water in vessels. The license for that purpose shall be in the form in the Third Schedule hereto.

13. Nothing in these by-laws contained shall restrict or interfere with the power and control of the Council over the water-race and all branch-races, head-races, streams, and other subdivisions thereof, and the Council shall at all times have and retain full and complete control over the said water and over all works connected therewith or appertaining thereto; and notwithstanding anything herein contained, and the granting of any application under these by-laws, it shall be lawful for the Council from time to time, whenever it shall deem it necessary or expedient so to do, to stop the flow of water in any distributing pipes or channels, or in any branch-race, head-race, or stream of the said water-race, for the purpose of executing repairs or alterations, or for any other purpose which the Council shall deem necessary, and no proprietor shall be entitled to any compensation for loss or deprivation of water occasioned thereby or otherwise.

14. It shall also be lawful for the Council at any time, or from time to time, when there shall, in the opinion of the Council, be occasion so to do, to stop the flow of water in the water-race or in any branch thereof and in so many head-races and streams as they shall think proper, and to supply other head-races and streams, and to alternate such stoppage and supply, and generally to control and manage the said water-race and the several subdivisions thereof in such manner as may, in the opinion of the Council, be best adapted to provide an equal supply of water to every proprietor who shall be entitled thereto.

15. Nothing in these by-laws contained shall be construed to be a guarantee by the Council to provide or supply water, either in the water-race or in any branch-race, head-race, stream, or other subdivision thereof to any fixed or specific quantity, nor to render the Council responsible for the total or partial failure of such supply by reason of drought, accident, or any other cause whatever, and the Council shall not be responsible for any loss caused by such failure, nor for any damage or injury which shall be occasioned by the flooding of the said water-race on the lands adjacent thereto, or which shall arise from any other cause connected with the said water-race.

16. In case any proprietor shall consider himself aggrieved by the action of any other proprietor in regard to the flow of water in any race, he may submit the cause or matter of such grievance to the Council; and the Council, after hearing both proprietors, or either proprietor in case one of them after due notice shall fail to appear and state his case, may decide the matter in dispute, and may communicate its decision thereon to the parties, and thereupon such decision shall be final and binding between them; and, in case any proprietor shall neglect or refuse to obey any such decision, the Council may proceed to carry out any work it may deem necessary in order to give effect to such decision at the cost of the proprietor against whom such decision is given, and may recover the amount of such cost from such proprietor as a debt due by him to the Council.

17. It shall be lawful for the Council at any time and from time to time, without notice to any person, to enter upon any land in the district which is supplied with water from the water-race, for the purpose of inspecting and ascertaining the state of the water-race, and all branch-races, head-races, streams, and other subdivisions thereof, and all tanks and other receptacles of water, and may require the owner or owners of such land to repair and maintain the same and all works connected therewith when the same shall be necessary.

18. No person shall permit any pigs, geese, or ducks, or other animal or bird belonging to him or in his charge to trespass upon or stray into any water-race, head-race, branch-race, or distributing channel, whereby the water shall be polluted or be fouled in any way whatever.
    (1.) No person shall ride, drive, or lead any horse or other animal, or drive, wheel, or transport any carriage, cart, or other vehicle, engine, or machine across any water-race or branch-race, whereby the same may be damaged, except at the appointed crossings.
    (2.) No person shall suffer any horse, bull, ox, cow, goat, pig, or any other animal belonging to him to trespass in or upon any water-race, head-race, or branch-race which is constructed upon any public road, or to injure or to destroy the same, or to befoul the water thereof.
    (3.) No person shall obstruct by any means whatever, wholly or partially, any field-crossing over any water-race, head-race, or branch-race.
    (4.) No person shall injure or destroy any dam, embankment, weir, bridge, pipe, culvert, notice-board, or plant of the waterworks, or any work constructed by the Council.
    (5.) No person shall bathe in any water-race, head-race, branch-race, or distributing channel, or shall wash, cleanse, or throw, or cause to enter therein any animal or carcase, or any rubbish, filth, stuff, or thing of any kind whatever, or shall cause, permit, or suffer to run or to be brought therein any water of any sewer, drain, or other filthy, unwholesome, or impure water, liquid, or matter, or shall do, permit, or suffer to be done anything whatever whereby any waterworks or any water in any part thereof shall be fouled, polluted, obstructed, impeded, or damaged.
    (6.) All distributing channels on private lands in which more than one proprietor shall receive a supply of water from the same gauge shall be cleansed and repaired by the proprietors on whose land such distributing channel shall be constructed twice in each year, that is to say, in the months of May and November in each year; and such cleansing and repairing shall when completed be inspected and passed by the officer in charge of the waterworks, and, in the event of any of such proprietors failing or neglecting to cleanse and repair the said channels in the manner and at the time stated, the Council may stop the supply of water to any such proprietor, and proceed against him for the penalty imposed for the breach of these by-laws.

19. No person shall obstruct the flow of water in any head-race, stream, pipe, or channel, or unnecessarily diminish the water supplied from the water-race.

20. No person shall obstruct or interfere with any officers, servants, or workmen employed by the Council while engaged in carrying into effect the provisions of these by-laws or any of them.

21. No person shall displace, alter, injure, or interfere with any water-gauge, dam, sluice, pipe, or other works or things