16.—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.

17.—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).

18.—Ground Allowed on Either Side of Head Race.

The Warden may grant protection for a space of five feet on either or both sides of a head race, or on such portions of the line of the race as he may deem necessary. This rule not to apply to distribution races.

19.—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.

20.—Races to be Commenced Within One Month.

The cutting and formation of races must be commenced within one calendar month from the date of registration, and the occupiers shall continue cutting and forming 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.

21.—Abandonment of Races.

All right to any 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 such race.

22.—Heads of Races.

All races that may hereafter be cut shall have a point specified at which they shall be taken from the creek or river. In races already cut, this point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right.

23.—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.

24.—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.

25.—Water Gauge.

In all cases wherein it is necessary for the purposes of deciding disputes between holders of water rights, or others, or for other reasons, to ascertain the amount of water contained in one or more heads, the following method of gauging shall be used:—

A stream of water to be gauged by a box twelve feet long, ten inches deep, and twenty inches wide, all measured in the clear. The upper or entrance end of the box may be left entirely open, but the lower or exit end shall be fitted with a bar two inches high affixed to the floor of the box, and with a pressure or head board six inches deep affixed to the top of the box, leaving an aperture of two inches in depth, and the full width of the box.

The gauge box shall at all times be placed on a level.

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 feet, and such velocity shall not exceed an average of one foot per second in the said thirty 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.