1650 THE NEW ZEALAND GAZETTE. [No. 66

84. Superiority of Right.—Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right; and, in all cases when the occupier claims under a license or certificate granted by a Warden, occupation shall be taken to have commenced at the date of such license or certificate.

85. Heads of Races.—Every water-race shall have a point specified at which it shall be taken from the creek, river, or other source. In water-races already cut this shall be taken to be the point from which the race now heads; and no person shall shift a water right or any portion thereof from one race to another, or alter the head of any race, without the written sanction of the Warden, or to the prejudice of any existing right.

86. Branch Races for the Distribution of Water.—Any person intending to construct a branch race, merely for the distribution of water already held or owned by any person under any license or right, shall give notice in the form in Schedule 19 hereto or to the like effect, and shall otherwise proceed as provided in “The Mining Act, 1886” (for water-races).

87. Side-streams.—Where a water-race crosses any watercourse the use of which is required by holders of miners’ rights, or by the owners or occupiers of any land, such water-race shall be carried either over or under such watercourse, so as not to interfere with the natural flow of water therein.

88. Water not to be wasted.—Holders of licenses shall not allow any water to which they may be entitled to run to waste, but such water shall be apportioned to other holders of license according to priority of right.

89. Amalgamation of Water Rights.—To give increased facility in working claims, and to prevent unnecessary waste of water, the holders of any two or more water-race licenses may jointly construct or use one water-race for the conveyance of the water to which they are entitled; but in any such case the intention to convey the water in a race to be constructed by the joint labour of the applicant and the holder of any other license, or in any race already constructed, shall be set forth in the application; and, if a license be granted, the fact that the water is to be conveyed in such jointly-constructed race or in such previously-constructed race shall be noted on the face of the license, and, if any water-rights be amalgamated after being granted, such amalgamation shall be registered, and endorsed on license.

90. Water to be Gauged when demanded.—Every holder of a water-race license shall place a gauge-box in his race within seven days after receiving a written notice from any person entitled to receive a supply of water from the same source. When water is taken from one source only, the supply shall be gauged at the source of supply; but, if the race is fed or supplied in part by any side-stream or streams, the gauge-box shall be placed immediately below the last of such side-streams.

91. Quantity of Water to be granted.—It shall be lawful for the Warden to grant the quantity of water applied for in any application, or any less quantity, as he may see fit.

92. By-washes.—Holders of water licenses shall be entitled to make such by-washes as may be necessary for the security of their races, and to hold the right to run water from such by-washes down such natural channels as may be convenient, provided that there be no prejudicial interference with previously-existing rights; and any person desiring to make such by-wash, or secure such right to run water, shall give notice in writing to the Warden, and to any person whose interests may be affected; and such notice shall be posted for not less than fourteen days at the point where it is intended to make such by-wash, at the expiration of which time, if there be no valid objection, the Warden may grant the application, and a certificate of registration may be issued to the applicant.

93. Gauge-boxes.—When other and more accurate means of measuring water are not conveniently available it may be done by using gauge-boxes of the dimensions and forms as hereinafter specified. Every gauge-box for measuring water shall be 12ft. long, 20in. wide inside measurement, open on the top, and shall be set truly horizontal. The outlet end of the gauge-box shall be closed with a board 1in. in thickness, with the exception of an orifice which shall be the whole width of the gauge-box, and of such depths as shall be hereinafter specified for the number of sluice-heads to be discharged; but in all cases the lower side of orifice shall be 2in. above the bottom of the gauge-box, and the depth of the sides of such gauge-box shall be regulated so that they shall not have a less depth than the depth of orifice, the height of the board above the orifice, with two additional inches added. The dimensions of orifice and height of board above orifice for the number of sluice-heads to be discharged shall be as follows: For one sluice-head the orifice shall be 20in. wide by 2in. deep, and the depth of board above the orifice shall be 5in. For two sluice-heads the orifice shall be 20in. wide by 3½in. deep, and the depth of board above orifice shall be 5in. For three sluice-heads the orifice shall be 20in. wide by 5in. deep, and the height of board above the orifice shall be 5in. For four sluice-heads the orifice shall be 20in. wide by 5½in. deep, and the height of the board above the orifice shall be 7in. For five sluice-heads the orifice shall be 20in. wide by 6¾in. deep, and the board above the orifice shall be 7in. in height. For six sluice-heads the orifice shall be 20in. wide by 7½in. in depth, and the height of the board above the orifice shall be 8in. When more than six sluice-heads of water requires to be measured an additional gauge box shall be used. In measuring the discharge through the orifice for the number of sluice-heads required the water must stand on a level with the top of the board above the orifice.

TAIL-RACES.

94. Tail-race to be marked.—Any person applying for a tail-race shall, in addition to posting notices at each end of the proposed race, mark out the course of the same in the manner prescribed for marking water-races in “The Mining Act, 1886,” and make application for the same in the form set forth in Schedule 20 annexed hereto.

95. Use of Tail-races for Drainage or Discharge of Tailings.—It shall be lawful for the