Rainbow Ranche Collection

The Water Act Section 310 [unknown] 1926

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 o
Jlo/'3.S7.9.o3.^
o
THE WATER ACT
Section 310
IF THE MASffBR of the complaint of V* R.*.- McBonagh,
3* C* sialic, B* C* Shanks, W* H* browse, T* A*
Gray, J* H* Aberdeen, F# H« Keane* w* J* Arnold
and ft* R* Yenables lie the effect among ether thlhgs
that the tolls chargeable under the water agreements
entered into with the Okanagan Centre Irrigation and
fewer Company Limited and the tolls demanded by
that Company exceed what is just and reasonable and
that the quantities of water to be delivered by
virtue of the eald water agreements are unreasonably
restricted*
BEFORE THE BOARD OF II¥38fl«Afl0H OTBSR THE WATER ACT
by way of rehearing of the matters dealt with in Board
Order Ho. 11,021 dated the 9th day of June, 1926*
Upon hearing Mr* A* 0* Cochrane of counsel for the
Okanagan Centre Irrigation and Power Company Limited
and Mr* T* Q* Norris of counsel for the above named
complainants and by consent
IT IS ORDERED that Beard Order Bo* 11,021 made on
June 9th, 1926 be revoked and the following substituted
therefor: 2oii.5>.?.os.23>   "^
O O 9
THE    WATER    ACT
Section 310
II THE MATTER of the complaint ef ?. R* McBonagh, E* C.
Malie, E. C. Shanks, W* H* Prowse, T* A* Gray, J* H*
Aberdeen, F* H* Keane, W. J* Arnold and 3* R* Venables
to the effect among ether things that the tolls chargeable
under the water agreements entered Into with the Okanagan
Centre Irrigation and Power Company Limited aad the tolls
demanded by that Company exceed what is just and reasonable
and that the quantities of water to be delivered by virtue
of the said water agreements are unreasonably restricted*
BEFORE THE KXHISTER OF LANDS for the Province of British
Columbia on appeal from the Board of Investigation,
Upon hearing Mr* A* 0* Cochrane ef counsel for the appellant,
The Okanagan Centre Irrigation and Power Company Limited
and Mr* T* G* Norris of counsel for the respondents, the
above-naaed complainants, aad by consent
IT IS ORDERED that the appeal of The Okanagan Centre Irrigation jind Power Company Limited be allowed, Board Order He*
11,021 dated June 9th, 1926 set aside and the following
substituted therefor;
1* That in lieu of the tolls payable to the Okanagan
Centre Irrigation and Power Company Limited under the
water agreem -nts entered into by It and the tolls demanded by the said Company, it shall for the years 19S6,
1927, 1928 and 1929 be entitled to charge for the
carriage of all water earried by it In compliance with
the application ef the Water User(which expression o   ' o
~s~
wherever used in this order means the person whs* in
rsspeei of any landanfler the irrigation system operated
by the Company, is legally entitled te the exclusive
possession ef the Innd) at the rate of six dollars sa
acre-foot*
8*fa) For the year 1986 the tolls shall be due trn^  payable
ea the 31st day of December, 1926 sad every water user
who prior te the date of this order has paid nay Ma ea
seoosat ef tells for the carriage ef water ia the year 1936
ahull bs credited with the sua so paid and with an additional sum equal te interest en the sum ae paid f*em the
date ef payaent te the 31st day of December• 1986 at ths
rate ef eight per eeat per annum*
fb) On the first dsy ef January * lis? ths Company shall bs
entitled te add to all 1986 tells then remain inc unpaid, sa
easuat equal to ten per oentea of the anpaid telle*
8* In the years IPS?, 1988 aad 1989 the tells chargeable
under Clause 1 Cone) shall be payabls as follows;
fa) A sum representing three dollars for sash aeye**foot ef
the total quantity ef water the earrisge of whioh Is ~
applied for by the Water User shall be paid at the time
application is made* namely, on or before the 16th day of
Mastiff in the year la whleh ths aster applied for is te be
deliwered*
fb) fhe naesat ef toils swim? by each Water User for ths
carriage ef the water delivered te hia ia any year less
the mm  (if any) paid by hia pursuant te subclause (a)
shall be paid to the Company ea the fifteenth day of
September ef tho year In whish tho water Is earried#
4* la the years 198?t lead and 1&89 the Company shall be
entitled to add te the tells chargeable as aforesaid snd
remaining wapaid on the 16 th day ef September ia the year 2^/3»s?e<no5.z3
O
o
**8**
for which they are payable an amount equal te ten pbt
Seattle ef the tolls so remaining unpaid*
9*  fhe Coapeay shall also bs entitled to refuss to earry
water te any Water Besr who at any tias is ia default in
the payment of any tells or instalment of tolls payable
under this order*
6-* fhe Company ahall not accept from say Water Ussr psynent
for the carriage of water at a rate lower than sia dollars
sa acre **fssi and tits Company shall use all reasonabls sfforts
te en fosse payment of all tells swing te it and it shall not
without the eonssat of the Water Users Comittes* shossa
pursuant to Glauee 14 cf thle order earry sny water for or
del Ivor any water te sny Water User who falls to pay any
tells or instalment of tolls payable by hia*
?* Bach Water tfasr tihall on or before the fifteenth day ef
rear make application in writins to the
» quantity of water the Water Ussr wlshss
land la the next irrigation eeaeon* Be
ll apply for lose than ens ae*re<»foet nor more
to-half acre-feet ef water psr aera of the
*d he proposed te irrigate* The Water User
Ling hie ap 'Heat ion for water, pay te the
>f money representing # 3*00 an aers-fsot
ef water applied for hy hia*
Cficlent watsr is available ths Company shall
lag freehet deliver watsr to the various
rates of flow which woulfl in ninety days
iter User with the quantity of water applied
ien the spring freshet appears te be nearly
ikirch in each ,
earrled to his
Water ffssr eha
area of the la
ana jl x , **n en &* **
Oeapany a sum
for by hia* 2oi3.S^.^.c»3.2^>
O
O
1
*m% m»
svsr the Company shall sdwlss the Watsr Bights cSnglneer
at Kalswaa of the total areas ef land for whioh one eere-
foot* one and one-half acre-feet, tee aere-fest and two snd
one-half acre-feat respectively of water per sore are applied for aad alas of ths quasity of watsr then in ths
storage rsaervoirs operated by the Company and the said
Saginter shall thereupon and from time to time thereafter
as clrcumatanees appear to hia to warrant such astloa fix
the fates of flew at whioh water is te be delivered te the
water Usera having applied fbr one* one and one-half, two
and two snd one-half asre«fsst psr asrs rsspeetlwely so
that as nearly mm possible every Water User applying for one
acre-foot psr sere or one and one-half acre-feet psr sere
shall reeelve tho quantity per sore applied fbr sad that
every Water User who applies for more than ens and one-half
acre^fsst per aero shall rsssivs one and one-half aoro-feet
for e&eh eere of land being irrigated by hia aad aa additional quantity representing as nearly as possible that
fraction of ths Quantity of watsr available fbr ftlstrlb*
utloa by ths Company after provision is aads ts supply aU
Water Users applying for ons and one-half acrs-fsst psr aere
or less sf whleh the numerator is the quantity la aore-feet
applied for-by the Water ser in exsass of one aad one-half
denominator is the aggregate in
& applied fbr by all the Water
one-half aere-feet per aere* the
asrs-feet per sore and j
aere*fsst of the quant 1
Users in excess of one t
ill comply with all orders
isr made in tmrsuanee of tl
ill have the same right
my order or direction of 2P15.57-. 7-^3.2-3
O O
-s-
the Saginesr mads as aforesaid aa Is provided In rsspeet
of orders of the Bn^ineor aade aader the Water dot*
9* (a) Ail monies received at any tias by ths Oompany on
soeoit t of tolls &m  for the years 1989* IfSi ami 1987*.
1988 and 1989 leas sufh of the saas as hate bsen expended
prior to the date of thia order shall so far as they are
neededv be used te operate the irrigation aystsa sffdelently9
to Keep it in 0&e$ repair and ts replass with nsw ctrasturss
all works or pa ts of works whioh are or become deteriorated
to sash extent that they eaaf not be satisfaetorlly repaired*
fb) If between the first day of January snd the 16th day of
September ia any ysar ths Company resolves on account of
tells i  inslnding tolls das for previous ysars sad domestic
water tolls) mors than enough money te provide daring suoh
year for the operation* repairs and rsplacamonte referred
jte in aubalauae (a) of this Clause the Company aay nss one
thousand and eighty dollars of any auoh surplus or any
eeallsr arm thereof to pay iatersst on the aum of Thirteen
thousand five hundred dollars advanced to the Company by
Mr* f# I* Warren and his associates for the construetioa
ef ths Beaver Jake Bern*
ft! All ssas received in tmy calendar year by ths Oompany
on aoeourt of tolls f inoludiag tolls due for previews
years and domeetlo water tolls) and not expended pursuant
to .subolauaes fa) and !h} of this Clause shall on ths 31st
day of Dessaber of that year bs deposited in a chartered
beak to the credit of two persons? one named by the Company
and the other by the Water 9ssrs Committee provided fbr ia
Clause 14 and the mims so deposited chall not be paid out
by the two said psrsons sxoept for the purpose of renewing
the various wsrka comprising the irrigation system operated o o
**6*»
by the Company and then only with the approval of the
Company* the Water Osera Committss abovs refsirred te sad
the Board of Investigation*
10* Except as provided in subclause fb)  of Olasae 9 ae
monies received by the Company on account; of tells fin-
sladiag demestlo water toils and tolls due fsr prsvlsas
years) after tee first day of January# 1986 shall te
eapealed hy the Company In the payment ef any IndebteteoBo
inearreti by the Company prior to the eaid first day of
January 1986 or in the payment of any interest upon any
such laAsbtedness, nor shall any s&sh indebtedness or
interest be accepted by the Ceapany as a sstoff against
any tolls seeming due after Januayy 1st* 1986*
11* Smsept with the approval of tee Comptroller of water
Rights and the Water Users Coaaittee no extsnsisa sf ths
irrigation system operated by the Company shall be made or
paid for eat of meaies received by the company on seeeunt
of any tells payable under this order*
18* Shs Ooapany shall keep proper records tlas books $
accoantSi ^oushers aad receipts respeetlng all its operat-
leas ant* shall allow the Water User's Ceaa&ttss te examine
the aamo at any time provided one week's notice of the
Committee's intention to make any such examination is piven
te the Company*
18* fhe Company shall appoint a person approved by the
Water User's Committee so have eharge of ths distribution
of the water carrlsd in ths system opsrated by ths Company*
$tuah n&r^oi^ /-tha 11 ht% n^ ^ d hv t^he *'"* ci^Tv$*Sb!i%w
14* fhe Water Users to whoss lairds water la carried hy 23/3.5"?-. 7. 05.
2_3
'. •        1
<*y-
o
means df ths
irrigation
ej*Bt©js opora**d lijr th* Oorapany
shall iii ths month ef March in eaoh year at a me ting
called for ths purpose choose a eommittee of five persons
to set for the Water Users in respeot of matters referred
to im this order* Svery Water User against whoa tolls
are ehawgeabls under this ordsr shall bs entitled te attend
the said annual meetings and to taks part ikt ohooaing the
said committee* ifcteh fitter Ussr shall be entitled to oas
vote for eadh of fivb candidates* !fhs first of suoh
meetings shall be held sn the day of January*
1987 at 2 o'closk in the afternoon at ths Osanunlty Ball
at vrinfield, 8* 0*   Al^Wbssquent meetings ahall be
sailed by notlees posted up in the ^leinlty of Winfleldf
suoh notices to be signed by a majority of the committee
Sast ehosen*
16* nothing contained herein shall prevaat ths Company
or any Water User, Water Users or Assooiation of Watsr
%#ra frea applying to the undersigned fsr fturther directleas
ia respeet of any natter dealt with la this ordsr or any
matter relethnt thereto*

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