Mining Regulations and Schedules




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constructed, or a sufficient sum be lodged with the Warden to cover any damage which may be done to such claim.

  1. KEEPING RACES IN REPAIR, BRIDGING, &C.

The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge where any road in ordinary use crosses the race, upon being required to do so by the Warden.

  1. WORKING GROUND OCCUPIED BY 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.

  1. ALTERATION OF RACES.

The alteration or extension of a race shall not in any way affect any right or privilege attached to such race, and the holder thereof shall during such alteration or extension be deemed to be in occupation of all the rights or privileges attached to such race: Provided that such alteration or extension shall first be approved by the Warden.

  1. AMALGAMATION OF WATER-RIGHTS.

To give increased facility in working claims, and to prevent unnecessary waste of water, any two or more water-rights may run through one race: Provided that the rights amalgamated follow in rotation, and be distributed according to priority of registration: such amalgamation to be registered.

  1. TRANSFER OR ASSIGNMENT.

The transfer or assignment of any race, share, or interest therein, shall not affect any right or privilege attached to such race: Provided that any such transfer or assignment shall have been duly registered at the Warden’s office, and a memorandum thereof made upon the back of the original certificate.

  1. CAUSING CLAIMS TO BE FLOODED.

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

  1. WATER GAUGE.

If any dispute shall arise between holders of water rights deriving their supply from the same creek or water course relative to the quantity of water to which each of them, the said holders, is or may be entitled, the following shall be taken to be a head of water as provided in Schedule B hereto appended, and such holders shall be limited thereto.

  1. ABANDONMENT OF RACES.

All right to any race whether head, branch, tail, or flood race shall become forfeited if abandoned for the space of one calendar month, unless in case of sickness or unavoidable absence, or in consequence of failure of water; but it shall be lawful for the Warden in his discretion, upon sufficient cause being shown, to suspend the operation of this regulation for a further period of one month, and a certificate of such suspension shall be given in writing to the occupiers, who shall post a copy of such certificate at the head and termination of every such race to which such certificate relates.

SCHEDULES.

SCHEDULE A.

To the Warden at ........

(District and date).

I (or we) hereby give notice that I (or we) intend to construct a water-race for mining purposes commencing (), and terminating ().

The length of such race is ........ or thereabouts; its intended course is ........, and it is intended to carry ........ heads of water.

The nearest race running parallel to this is ........ distant.

(Signature and address in full of Applicant or Applicants, and No. and date of miner’s right).

All objections to the issue of a certificate for this race must be lodged at my office within fourteen (14) clear days from the date hereof.

(Signed) ........ Warden.

  • Here state precise localities.

SCHEDULE B.

Gauge of Ordinary Head of Water.

A stream of water to be gauged by a box twelve (12) feet long, nine and a half (9½) inches deep, and twenty inches wide, all measured in the clear.

The upper or entrance end of this box may be left entirely open, but the lower or exit end shall be fitted with a bar two (2) inches high affixed to the floor of the box, and with a pressure or head board six and a half (6½) inches deep affixed to the top of the box, leaving an aperture of one (1) inch in depth, and the full width of the box.

The gauge box shall at all times be set truly horizontal.

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 thirty (30) feet, and such velocity shall not exceed an average of one (1) foot per second in the said thirty (30) feet to be gauged by a float. The surface of the water in the race at the entrance to the gauge box shall be maintained at the level of the top of the gauge box.



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Online Sources for this page:

VUW Te Waharoa PDF Westland Provincial Gazette 1870, No 24





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🌾 Regulations for Races and Water Rights (continued from previous page)

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Races, Water Rights, Mining, Warden, Regulations