Water-Rights and Races Regulations




May 16.] THE NEW ZEALAND GAZETTE. 631

to have commenced at the date of such license or
certificate.

  1. 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.

  2. 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 Sche-
    dule 19 hereto or to the like effect, and shall
    otherwise proceed as provided in “The Mining
    Act, 1886” (for water-races).

  3. 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.

  4. 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.

  5. Amalgamation of Water Rights.—To give
    increased facility in working claims, and to pre-
    vent 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 pre-
    viously-constructed race shall be noted on the face
    of the license, and, if any water-rights be amalga-
    mated after being granted, such amalgamation
    shall be registered, and endorsed on license.

  6. 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.

  7. 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.

  8. 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 ex-
    piration of which time, if there be no valid objec-
    tion, the Warden may grant the application, and
    a certificate of registration may be issued to the
    applicant.

  9. Any license for a water-race may be granted
    for any term not exceeding fifteen years, and the
    same may be renewed at any time after the expira-
    tion of the term for which the same was granted,
    upon application being made to the Warden in the
    manner provided for the granting of water-race
    licenses: Provided that the Warden before grant-
    ing such renewal shall be satisfied that the right
    in question has been continuously and bonâ fide
    held and used, and that no forfeiture has been in-
    curred otherwise than by failure to renew license.

  10. Gauge-boxes.—When other and more accu-
    rate means of measuring water are not con-
    veniently 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 measure-
    ment, open on the top, and shall be set truly hori-
    zontal. The outlet end of the gauge-box shall be
    closed with a board 1in. in thickness, with the ex-
    ception 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 ori-
    fice, 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



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VUW Te Waharoa PDF NZ Gazette 1887, No 31





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🌾 Water-Rights and Races Regulations (continued from previous page)

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