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4. RACES TO BE COMMENCED WITHIN FOURTEEN DAYS.

The surveying, cutting, or formation of races must be commenced within fourteen days from the date of registration, and the occupiers shall continue 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.

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 where the occupier claims under a certificate granted by the Warden, occupation shall be deemed to have commenced at the date of such certificate.

II.—BRANCH RACES.

1. BRANCH RACES FOR THE DISTRIBUTION OF WATER.

Any person desirous of constructing a branch race for the distribution of water, shall first produce to the Warden a written permission to do so from all the persons through whose claims such race is proposed to be cut.

2. REFUSAL OF PERMISSION TO CUT A BRANCH RACE FOR THE DISTRIBUTION OF WATER.

In the event of any person refusing to give permission to cut a branch race for the distribution of water, the Warden shall have power to hear the case, and grant or refuse permission to construct the same as he may deem necessary. Provided that compensation be allowed for estimated damage (if any).

III.—TAIL AND FLOOD RACES.

1. 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 clause 1, Section I, Part II, for head races. But such notice shall only require to be posted for seven 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 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.

2. 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, such expense to be calculated according to the current rate of wages at the time of application for using such tail race; provided that the person so using any tail race shall assist in clearing the same whenever it shall be necessary to do so.

3. 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: Provided that no person shall be compelled to pass on such flood race by his claim, unless he derive any benefit therefrom.

IV.—GENERAL REGULATIONS.

1. WATER NOT TO BE WASTED.

Holders of water 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 water right, according to the date of their respective registrations.

2. 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.

3. WATERSHED TO BE PROTECTED.

When any person is desirous of constructing a head-race across any watercourse or the watershed of any registered dam or reservoir, such person shall cut a trench one hundred yards in length on either side of any tributary to the dam or reservoir, at a distance not exceeding twenty feet on the upper side of their head-race.

4. SIDE STREAMS.

Where a race crosses any watercourse, the use of which is required by holders of miners’ rights, it shall be carried either under or over the same, so as not to interfere with the natural course of the water therein.

5. OBSTRUCTION TO WATERCOURSES.

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

6. 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 races, 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 carried.