51

26.—The Number of Sluice Heads Allowed.

The number of sluice heads to be allowed for any race shall be as follows:—One, two, or three miners, one sluice head of 40 superficial inches of water, and so on at the rate of one sluice head for every additional three miners.

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.

27.—Extended Head Races.

Upon any person making application to the Warden to cut a head race exceeding three miles in length, notice thereof shall be given in writing to the Warden of the Gold Fields District in which such water race is intended to be constructed, and to the holder or holders (if any) of any prior right or rights, of his intention to divert and use water from the same source, and such notice shall be in the form set forth in Rule 15, and copies of such notice shall be posted and maintained for fourteen (14) clear days at the source whence it is proposed to obtain the 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 square or by large stones, marked ✗, and placed not more than two hundred yards apart; and if no valid objection be entered against the construction of such water race within fourteen clear days from the delivery or posting of such notices, a Certificate of Registration may be granted by the Warden to the applicant.

The scale of heads to be taken shall be as follows:

For 3 miles, and not exceeding 4 miles, 10 heads

" 4 " " " " 5 " 12 "

" 5 " " " " 6 " 14 "

and so on at the rate of two heads for every additional mile or fraction of a mile. Provided that after the expiration of one month from the certificate being granted, two men to the mile shall be constantly employed on the race until the completion thereof. Provided always that the Warden shall have the power to suspend the operation of the proviso by allowing a less number of men to be employed, and may impose such other conditions as he may deem necessary.

28.—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.

29.—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.

30.—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.

31.—Working Ground Occupied for 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.

32.—Reservations.

No water right shall be granted for the use or diversion of any water which is or may be required for domestic purposes, or for the use of the miners generally, for mining purposes.

33.—Water for General Use.

Water to the amount of one sluice head, as may be required, shall, if demanded, be allowed to flow in the natural course of a creek, river, or watercourse, for the use of miners working therein, or for domestic purposes, independently of any right that may have been granted out of such creek, river, or watercourse.

34.—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.

35.—Obstructions 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.

36.—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.

37.—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.