in the whole 300 feet in length, measured along the course of the lode or vein, by a width of 100 feet upon each side of the course.

4.—Notices to be posted by the Warden.

Notices of all Prospecting Claims granted, with full particulars of locality, yield of gold, and description of workings, shall be posted by the Warden on the outside of his office, for public information.

IV.—WATER RIGHTS AND RACES.

1.—Head Races.

Any person intending to divert and use water for mining purposes by means of any Head Race, shall give notice thereof, in writing to the Warden, and to the holder or holders (if any) of a prior right or rights to divert and use water from the same source; and such notice shall be in the form hereinafter set forth; and copies of such notice shall be posted and maintained for 14 clear days at the source whence it is proposed to obtain water, and at the proposed termination of such race; and the intended course thereof shall be indicated by pegs not less than 2 inches square, or by large stones marked /\, and placed not more than two hundred yards apart. And if no valid objection be entered against such races within 14 clear days from the posting of such notices, a Certificate of Registration may be granted by the Warden to the applicant.

FORM OF NOTICE.

(District and date)

To the Warden at

I hereby give notice that I intend to construct a Head Water Race for Mining purposes, commencing at a point ( * ) and terminating ( ).

The length of each Race is __ or thereabouts, and its intended course is ( * ).

[Signature and address in full of applicant]—

Here describe precise localities. Do. * Do

2.—Races already constructed.

Races constructed prior to the Proclamation of any Goldfield, or of these Rules and Regulations, must be registered with the Warden, as provided by Section 1.

3.—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. In all cases when the occupier claims under a certificate or other authority in writing granted by a Warden or Commissioner, occupation shall be taken to have commenced at the date of such certificate or authority.

4.—Races to be commenced within one month.

The cutting and formation of races must be commenced within one calendar month from the date of registration, and the occupiers shall continue cutting and forming the same until the work is completed, otherwise any superiority of right to which they may be entitled by virtue of such registration shall be deemed to be forfeited.

5.—Superiority of Right Forfeited by Disuse.

If any race shall be entirely unused for a full period of thirty days at a time when water is available for it, occupation of the right shall be deemed to have recommenced at the last re-occupation thereof.

6.—Abandonment of Races.

All right to any race shall become forfeited if abandoned for the space of one calendar month, unless in cases of sickness or unavoidable absence, or in consequence of failure of water; but it shall be lawful for the Warden, in his discretion, upon sufficient cause being shown, to suspend the operation of this Regulation for a further period of one month, and a certificate of such suspension shall be given in writing to the occupiers.

7.—Heads of Races.

All races that may hereafter be cut, shall have a point specified at which they shall be taken from the creek or river. In races already cut, this point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right.

8.—Alteration of Races.

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 holders 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 extension shall first be approved by the Warden.

9.—Insufficient Supply of Water.

If the water flowing in any creek or river is insufficient to supply all the races connected therewith, the owner of any right shall—on receipt of a written notice from the owner of a superior right, stating that the supply of such superior right is less than he is entitled to—immediately cease to use the water, or such portion thereof as may be necessary to make up the supply of the superior right.

10.—Water Gauge.

If any dispute shall arise between holders of water-rights deriving their supply from the same creek or watercourse, relative to the quantity of water to which each of them, the said holders, is or may be entitled, the following shall be taken to be a head of water, and such holders shall be limited thereto:—

A stream of water gauged by a box, 12 feet long, 10 inches deep, and 20 inches wide, all measured in the clear. The box shall be covered throughout. The upper or entrance end of such box may be left entirely open; but the lower end, or end of exit, shall be fitted with a bar 2 inches high, affixed to the floor of the box, and with a pressure or head-board, 6 inches deep, affixed to the top of the box, leaving an aperture of 2 inches in depth, and of the full width of the box.

(a.) If more than one sluice head of water requires to be gauged, the gauge box should be enlarged horizontally to ensure accurate measurement. But when this cannot be done owing to natural obstacles, or other sufficient reasons, the gauge box may be enlarged perpendicularly, in which case the depth of the pressure or head-board shall be reduced at the rate of 1 inch for every additional head of water that is perpendicularly measured.

(b.) The gauge box shall at all times be placed on a level. When water is taken from one source only, the supply shall be gauged at the head of the race, or 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 such side stream, or the last of such side streams.

(c.) The velocity of the water above the gauge box shall, if required, be lessened by the construction of a dam bank, or by levelling the race for a distance of 30 feet; and such velocity shall not exceed an average of 1 foot per second in the said 30 feet, to be gauged by a float.

11.—Supply of Water may be Reduced.

When the supply of water from any creek or stream shall be insufficient for the use of all the holders of water rights thereon, it shall be lawful for the Warden, upon adequate cause being shown, to reduce the quantity, in due and equal proportion, which the said holders shall be entitled to draw therefrom, and to regulate the time and mode in which such water may be used.

Provided that nothing herein contained shall be deemed or taken to affect the rights of the holder or holders of a first water-right hereafter granted on any stream; but such holder or holders shall at all times be entitled to the full supply of water for which he or they shall be registered.

12.—Number of Sluice Heads allowed.

The number of sluice heads allowed for any such race, as aforesaid, shall be as follows:—One or two miners, one sluice head, or 40 inches of water; four or more miners, two sluice-heads; and so on at the rate of one sluice-head to every additional two miners.

13.—Water not to be wasted.

Holders of rights shall not allow any water to run to waste; but such water shall be appropriated to the use of the next holder of a right, according to the date of their respective registrations.

14.—Transfer or assignment.

The transfer or assignment of any race, or of any interest therein, shall not effect any right or privilege attached to such race: provided that any such transfer or assignment shall have been duly registered at the office of the Warden, and a memorandum thereof made upon the back of the original certificate.

15.—Keeping Races in Repair, Bridging, &c.

The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge where any road in ordinary use crosses the race, upon being required to do so by the Warden.