16.—Working Ground occupied for Races.

Any person desirous of working the ground on which any race or portion of a race is situated, may do so by first providing an equally good race for the use of the occupier: provided that the consent of the Warden thereto be first obtained.

17.—Reservations.

No water-right shall be granted for the use or diversion of any water which is, or may be, required for public purposes, or for the use of the miners generally.

18.—Water for General Use.

Two sluice-heads of water shall, if required, be at all times allowed to flow in the natural course of a creek or river, for general use.

19.—Causing Claims to be flooded.

No person shall back the water of any creek, river, race, or water-course, upon any claim, or otherwise cause any claim to be flooded, either wilfully or by neglect.

20.—Obstructions to Water Courses.

No person shall deposit any earth, stones, tailings, or other substance in the bed of any water-course, so as to obstruct the flow of water therein.

21.—Side-streams.

Where a race crosses any water-course, the use of which is required by holders of Miners' Rights, it shall be carried either over or under the same, so as not to interfere with the natural flow of water therein.

22.—Construction of Tail-races.

Before any person shall construct a tail-race, he shall first proceed by notice in the same manner as is directed in Section 1, for head-races. But such notice shall only require to be posted for seven (7) clear days; at the expiration whereof the applicant shall return to the Warden a copy of the notice, which shall be signed by the holders of the four (4) nearest claims, as expressing their assent to or dissent from the issue of a certificate for such tail-race. And the Warden shall enquire into any objection thereto, or into any cause of dissent as aforesaid; and shall thereafter issue or withhold a Certificate of Registration according to the equities of the case.

23.—Use of Tail-races.

Any person wishing to use a tail-race may do so on condition of first paying to the owner of such tail-race a proportionate share of the expense of construction; provided that the person so using any tail-race shall assist in clearing the same whenever it shall be necessary to do so.

24.—Flood-races.

Any person may cut a flood-race through or by his claim, subject to such restrictions as the Warden may consider necessary for the public good.

25.—Races may be carried through Claims.

Upon application being made to the Warden, it shall be competent for him to authorise the applicant to pass a head-race or tail-race over, under, or through any claim, or right: Provided that compensation shall be allowed for estimated damage (if any), and prior to commencing the construction of such race such compensation shall be paid to the holder or holders of the claim or right over, under, or through which the proposed race has to be constructed.

26.—Certificates Renewable Annually.

Every grant or certificate for a head-race shall be brought to the Warden for renewal annually, and if any such grant or certificate is not so brought within 30 days after the expiration of twelve months from the date at which it has been or may be granted, it may be deemed to be forfeited, and the registration thereof may be cancelled.

V.—DAMS AND PUDDLING MACHINES.

1.—Notice of Construction or Erection to be given.

Any person intending to form a Dam, or to erect a Puddling Machine, shall give notice thereof in writing to the Warden, and to the four parties working or occupying claims nearest to the proposed site, who shall sign such notice, expressing their assent thereto or dissent therefrom. Such notice shall be in the form hereinafter prescribed, and copies thereof shall be posted and maintained by the applicant for seven clear days upon the proposed site of such Dam or Machine. And at the expiration of the said term of seven days the Warden shall enquire into any objection or cause of dissent and thereafter issue or withhold a Certificate of Registration according to the equities of the case.

FORM OF NOTICE

(District and Date)

To the Warden at

I hereby give notice that I intend to form a Dam (or erect a Puddling Machine, as the case may be) at (__).

Signature and address in full of applicant—

• Here describe the locality, and in case of a Puddling Machine state the proposed course of the sludge drains.

2.—Machines not to be in centre of Gully.

Dams may be formed, and puddling machines erected upon such sites only as shall be approved by the Warden; and no such dam or machine shall be permitted to be placed in the centre of any gully or flat.

3.—Main Sludge Channel to be first constructed.

No person shall be permitted to erect a puddling machine in any locality wherein puddling operations have not heretofore been carried on, until a Main Sludge Channel shall have been constructed, and in all cases such main channel must be constructed by, and at the expense of, the person desirous of erecting such machine.

4.—Main Sludge Channels to be approved by the Warden.

The position and course of all Main Sludge Channels, and the width and depth thereof, shall be subject to the approval of the Warden, who shall have power to alter and vary the same whenever it shall seem to him necessary so to do; and upon the approval of any such Main Channel, the Warden shall grant a certificate of the same to the applicant.

5.—Expense of Construction.

The expense of the construction of such channel shall be borne by the persons then or afterwards using the same, in proportion to the position of each machine relatively to the said channel, and payment of such proportion to the person constructing the same shall be made prior to the granting of any Certificate of Registration.

6.—Sludge Drains and Channels to be kept clear.

Main Sludge Channels shall be kept clear and in good repair by the joint labor of the machine owners in each locality; and the owner of each machine shall further keep clear and in good order the private sludge drains connected with such machine; and on no pretence whatever shall the sludge from any main channel or private drain be permitted to overflow the banks or edges thereof.

7.—Roads over Drains to be Bridged.

When Sludge or Water Drains run across or under any road in general use, a substantial bridge (the culvert of which shall be of sufficient size to carry off the sludge or water), shall be constructed and kept in repair by the owner of the machine whence such sludge or water proceeds.

8.—Forfeiture of Dams or Machines.

The site of any dam or machine not commenced within seven days from the date of the grant thereof, or not completed within a reasonable time, or any dam or machine unoccupied for one calendar month during a period when sufficient water has been available, shall be deemed to be forfeited, and may be granted by the Warden to any person who may apply for the same.

9.—Injury to Property by Dams.

If any claim shall be flooded, or property injured by the bursting of any dam-bank, the owner of such dam shall be liable for any loss or damage occasioned thereby, provided that it is proved to the satisfaction of the Warden that such breaking away resulted from the faulty construction of such dam.

10.—Sites proving Auriferous.

If it shall be proved that the ground occupied by any dam or machine contains auriferous earth or quartz, the owner of such dam or machine may be compelled to leave or remove the same: Provided that adequate compensation for such leaving or removal shall first have been treated by assessors and paid by the person desirous of working the ground.