Dec. 29.] THE NEW ZEALAND GAZETTE. 1455

PART V.—WATER-RACES, DAMS, AND RESERVOIRS.

WATER RIGHTS AND RACES.

86. Applications.—Every application for any water right or privilege must be made as directed by “The Mining Act, 1891.”

87. Priority of Application.—In the event of more than one application being made for the same right, the Warden shall determine which of the applicants shall be held to have the prior right in accordance with the provisions of “The Mining Act, 1891.”

88. Superiority of Right.—In all cases in which a supply of water is claimed without registration, superiority of right shall be determined by the date upon which the consent in writing of the Warden for same has been obtained under section 103 of “The Mining Act, 1891;” and, in all cases where the occupier claims under a license or certificate granted by a Warden, occupation shall be taken to have commenced at the date of the application made for the issue of such license or certificate, and, if the application be upon the same date, then as the Warden shall, in accordance with the provisions of section 128 of “The Mining Act, 1891,” have determined and have indorsed upon such license or certificate.

89. Heads of Races.—Every water-race shall have a point specified at which it shall be taken from the creek, river, or other source, but in no case shall such creek, river, or other source be included in or form part of any water-race. 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, to the prejudice of any existing right, without the written sanction of the Warden.

90. 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, 1891,” with respect to water-races.

91. 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; and no creek or natural watercourse shall form part of or be registered as a water-race.

92. 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 licenses according to priority of right.

93. 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 indorsed on the license.

94. 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.

95. 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.

96. 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.

97. 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 expiration of the term for which the same was granted, upon application being made to the Warden in manner provided for the granting of water-race licenses: Provided that the Warden before granting such renewal shall be satisfied that the right in question has been continuously and bona fide held and used, and that no forfeiture has been incurred otherwise than by failure to renew license.

98. 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. or 40in. wide inside measurement, as the case may be, in accordance with the following table. Every gauge-box to be open on the top, and set truly horizontal. The outlet end of the gauge-box shall be closed with a board 1in. in thickness, or with a plate of iron, with the exception of the aperture, which shall be the whole width of the gauge-box, and of such depths as shall be hereinafter specified in the said table 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 aperture and height of board above aperture for the number of sluice-heads to be discharged shall be in accordance with the following table:—