DAMS AND MACHINES

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

5. Superintendent may order inspection.

If it shall be represented to the Superintendent that any dam or reservoir is insecure or of doubtful security he may if he shall think fit cause an inspection thereof to be made by a competent engineer and may upon the report of such engineer make any order in respect of such dam or reservoir which may be necessary for insuring the greater security thereof.

6. Certificate or license may be cancelled.

If the owner of any dam or reservoir shall refuse or neglect to comply with any such lawful order as aforesaid the certificate or license granted for such dam or reservoir may be cancelled and the embankment thereof be removed or such other order made therein as may be requisite.

7. Injury to property by dam.

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 shall be proved to the satisfaction of the Warden that such breaking away resulted from the faulty construction of such dam.

XII.—WATER RIGHTS AND RACES.

1. Races to be registered.

Any person intending to divert and use water for mining purposes by means of any water race to be constructed upon Crown Lands under authority of these Regulations shall give notice thereof in writing to the Warden of the Goldfield district in which such water race is intended to be constructed and to any person whose interests may be affected by the diversion of such water as well as to the owner or occupier of any land through which it is proposed to carry such water race and such notices shall be in the form hereinafter prescribed and copies of such notice shall be posted and maintained for fourteen clear days at the sources 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 proposed to divert 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 A to these Regulations may be granted by the Warden to the applicant subject to the provisions and conditions herein contained. And on the issue of every such license a Registration fee of two shillings and sixpence will be charged.

Form of Notice.
(District and date.)
To the Warden at
I hereby give notice that I intend to construct a water race for mining purposes commencing at a point ( ) and terminating ( ) or thereabouts and its intended course is ( ).
The length of such race is ( ) or thereabouts and its intended mean depth and breadth of such race is ( ), and it is proposed to divert ( ) sluice-heads of water.
(Signature and address in full of applicant.)
Here describe precise localities.*
Any person objecting to the issue of a license to the above-named applicant must lodge his objection in writing at my office at........, within fourteen clear days from the date hereof.
Warden.

2. Races to be commenced within one month.

The cutting and formation of a water race must be commenced within one calendar month from the issue of the license authorising the same and the holder of such license shall continue cutting and forming the same until the work is complete. Provided that the Warden may on sufficient cause being shown extend the time for commencement for a further period of one month or permit an intermission of the work for not more than two months at any one time.

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 and 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. Superiority of right forfeited by disuse.

If any race shall be 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 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.

6. 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 and any such alteration or extension shall be applied for as provided under section 1 of this regulation.

7. 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.

8. Water gauge.

In the construction and for the purpose 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 each 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 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:—