Number of Sluice Heads.

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 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 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.

9. 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.

10. 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.

11. Forfeiture of water-races.

All right to any water-race authorised to be constructed under the provisions of these regulations 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 operation of this section for a further period not exceeding six months and a certificate of such suspension shall be given in writing to the holder of such license.

12. 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 may be deemed to be forfeited and the registration thereof may be cancelled.

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 miner’s rights or by the owners or occupiers of any land such water-race shall be carried either over or under such water-course so as not to interfere with the natural flow of water therein.

16. Tail-water may be used.

Water from a tail-race may be used by any person provided that such does not interfere with the proper discharge of tailings.

17. 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 willfully or by neglect.

18. No person entitled to hold license for more water than the race is capable of carrying.

If the holder of a water-license does not construct a race of sufficient capacity to carry the number of heads registered the number of heads over and above what the race is actually capable of carrying shall be liable to forfeiture.

19. Water for machine purposes.

In the event of any water that may be applied for for the purpose of driving machinery for mining purposes being capable of being made available for driving other machinery than that of the applicant it shall be lawful for the Warden to refuse to grant the right to such water to the first or any applicant for such water except on the condition that the race in which such water is proposed to be taken be constructed at such a level and in such a manner as that the water may become available for driving or working all the machines or such of them as in the opinion of the Warden can be supplied by such race and in such case the Warden may cause a survey to be made and plans drawn by such surveyor or engineer as he may appoint in that behalf and the owners or occupiers of the respective machines shall in such case contribute towards the cost of such race in proportion to the quantity of water that each may require and to the relative advantages that each may be expected to derive from the construction and use of such race and to the probable expense that each would have to incur in independently leading a supply of water to his machine and such proportion shall in case of dispute be settled by arbitration.

20. Limited Water Rights.

It shall be lawful for the Warden in granting any water license to limit the grant to certain months in the year only and the months for which any such license is granted shall in such case be set forth on the face of the license and the holder of any such license shall refrain from taking or using water in the race at all times other than those stated in such license. Provided always that the Warden may in his discretion by writing under his hand authorise the holder of any such license to take and use the water at other times without incurring any penalty.

21. Bye-washes.

Holders of water licenses shall be entitled to make such bye-washes as may be necessary for the security of their races and to hold the right to run water from such bye-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 any such bye 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 seven days at the point where it is intended to make such bye-wash at the expiration of which time if there be no valid objection the Warden may grant a certificate of registration to the applicant.

22. Rent.

The holder of every license granted under the “Gold Fields Act 1858” or any preceding Act or under these Regulations or any Rules and Regulations that formerly have been or now are in force empowering the holder of