[NEW ZEALAND GAZETTE]

130

It is proposed to carry such water race, and such notice shall be in the form set forth in Schedule C of the said Act; and copies of such notice shall be posted and maintained for fourteen clear days at the source whence it is proposed to obtain water, and at the proposed termination of such water race; and the intended course thereof shall be indicated by pegs not less than two inches in diameter or by large stones marked ∧ and placed not more than two hundred yards apart, and such notices shall state the mean breadth and depth of the proposed water race, and the quantity of water it is capable of carrying, and shall also state the time required for the construction and completion of such race.

And if no valid objection be entered against the construction of such water race within fourteen clear days from the delivery of such notice, a license in the form of Schedule D of the said Act may be granted by the Warden to the applicant, subject to the provisions and conditions herein contained.

2. Races to be commenced within one month.

The cutting and formation of water races must be commenced within one calendar month from the issue of the license authorising the same, and the holders of such license shall continue cutting and forming the same until the work is complete.

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 occupation 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. Superiority of right forfeited by disuse.

If any race shall have been entirely unused for a full period of thirty (30) days at a time when water is available, occupation of the right shall be deemed to have recommenced at the last re-occupation thereof.

5. Heads of races.

Every race shall have a point specified at which it shall be taken from the creek or river. In races already cut this shall be taken to be the point from which the race now heads. No person shall shift a water-right from one race to another, to the prejudice of any existing right.

6. 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.

7. Water gauge.

In the construction and for the purposes of these regulations, a head of water shall be held and deemed to be 40 superficial inches of water, to be 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, 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 dimensions of the box must be as follows:

and so on in proportion to any greater number of sluice heads.

(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 the last side-stream.

(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 one (1) foot per second in the said 30 feet, to be gauged by a float.

8. 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.

9. Sides of races may be protected.

The Warden shall have power to protect a space not exceeding ten (10) feet on each side of any head-race, either throughout the entire length of such head-race, or over any and such portions thereof as he may deem necessary.

10. Forfeiture of water-races.

All rights to any water-race authorised to be constructed under the provisions of this Act, shall become forfeited if entirely unused by the owner thereof 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, upon sufficient cause being shown, to suspend the operations of this section for a further period of two months, and a certificate of such suspension shall be given in writing to the holders of such license.

11. Licenses to be renewed.

Every license for a water-race shall be renewed annually, and if any such license is not so renewed within sixty days after the expiration of twelve months from the date at which it has been or may be granted, it shall be deemed to be forfeited, and the registration thereof shall be cancelled.

12. Repairs of races, bridging, &c.

The holder or occupier of any water-race shall keep the same in repair, and shall make an efficient bridge or crossing where any road which has been in ordinary use prior to the construction of such race, crosses the water-race, upon being required to do so by the Warden.

13. Reservations.

No license shall be granted under the authority of these Regulations 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.

14. Water for general use.

Two sluice heads of water shall, if required, be at all times allowed to flow in the natural course of any stream for general use.

15. Side-streams.

Where a water race crosses any water course, 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 water course.