Rainbow Ranche Collection

The Water Act Section 310 [unknown] [date unknown]

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 2b/3.^?. 7.03.2k
o o
111   IIISl   iff
section 310
II fH3 iAffli of the eeaplalnt of f* R* HeDonagh, i* 0* Salle*
8* C* Shanks, ff* H* Browse, f* A* Jrsy, I* H* Absrdssn, F*
E* Keane, ff* J* Arnold and 3* a*, fenables te the effeet among
ether things that the tells chargeable wader the water agreements entered Into with the Okanagan Centre Irrigation and
fewer Company Matted sad the tells demanded by that Company
exceed what is last and reasonable and that the quantities ef
water te be delivers* by virtue ef the said watsr agreements
art unreasonably restricted*
MFOBS VMS iilllfli Ot LMDS for the Province ef British
Columbia on appeal from the Beard ef Investigation*
Upon hearing Mr* A* 0* Cochrane ef ccunssl for the appellant,
the Okanagan Centre Irrigation and Fewer Company Malted snd
Mr*  f* 9* larrls ef eesassl for the respondents, the above*
named complainants, aad by consent
IT II 6SSSB3P thst the appeal of She Okanagan Centre Irrig-
atlen sad Bower Company Limited be allowed. Board Order Be*
11,081 dated 8mm 9fh, 1986 get aside sad the following substituted therefor:
1* That ia lieu of the tells payabls te ths okanagan
Centre Irrigation sal Power Company Llalted wader the
inter agreements watered into by it and the tells de*
asaAsd by the said Cempeay, it shall for the years 1986,
1987, 1988 and 1989 be entitled to charge for the
carriage ef all water carried by it in eeaplianee with
the amplication ef the Water Veer (which expression 2013.^7-. ^.o^.ZQ,
o «*-        o
wherever aged in this order means the person who, ia
respect ef any lead under the Irrigation system operated by
the Company, is legally entitled te the eaeluslve pessssslen
ef the land} at the rate ef six dollars sa sere-feet*
8* fa) For the year 1988 the tolls shall bs das sad payable
en the 81st day ef December, 1986 sad evexy water ussr who
prior te ths date ef this order has pa id any ssa ea account
year
ef telle fer the carriage of water in the^1926 shall te credited with the sag so paid*
fbj The Company shall be entitled te aid te all 1986 tells
then remaining unpaid* oae month after tee date ef this order,
aa amount equal to ten per centum ef the unpaid tells*
g*   In the years 1987, 198$ sad 19t9 ths tells chargeable
under -flames 1 feme} shall be payebls as fellows*
(a) A sum representing three dollars fer each acre-foot of
the total fSantlty ot water, the MMMrim*  of which is applied
fer by the Water Ussy undsr Clause 7 hereof, shall be paid
en or before the 16th day of April In the year ia which the
eater applied for Is te be deiifsred*
(%) Another sum representing eae dollar and a half fer
each foot applied for under said Clause f shall be paid on
or before the 1st day ef August in ths year in whleh the
later applied fer is te be delivered*
(c) The amount of tolls owing hy each Water 'User tor tee
Sarrlgge ef the water delivered to hia ia any year less the
sua (if any! paid by hia pursuant to subclauses (a) and fb)
shall bs paid to the Company on the fifteenth toy of sept-*
ember of the year in which the water le serried*
4*   la the years 1987, 1988 and 1989 ths Company shall be
entitled to add te the tells chargeable as aforesaid and remaining unpaid en the 16th day of September in the year far 2^2>.S"?.7.03.zc*
■ mi
which they are payable an amount equal te ten per centum
ef the tolls so remaining unpaid*
6* the Ceapeiqr shall also bs entitled te refuse to carry
aster to say Water User who at any time is Sa default ia ths
payment ef say telle or  instalment sf tolls payable under
this order*
6* fa) The company shall not accept ftrea sag Water Veer
payment for the carriage ef water at a fate lower than sis
dollars an acre-foot and the Company shall use sll reasonable
efforts te enforce payment of all tells swing to it*
(b) Provided that in case a Water Ussr, through misfortune
or cause beyond his control, is uaable te pay his rates promptly
the Company may grant a reasonable salens ion without thereby
committing a breach of this orderj say such extension er ea~
tens leas to be notified to tee Secretary of tee Water Users'
Committee*
7*   Wash Water Vssr shall en or before the fifteenth day
of March in each ysar make application ia writing to the Company
for the quantity ef water the water User wishes carried te his
land In the next irrigation spason* Ms Water Ussr shell apply
for %mmm than oi%m acre-foot nor more than two acre-feet ef
water per aevs ef the area ef the lead he proposes te Irrigate*
8*   Provided sufficient watsr IS available sad the condition
Of the distribution system permits, the Company shall during
the spring freshet, delirer water te ths varioue Water Users
at rates of flew which would ia ninety days supply saeh Water
User with one aad one-half acre feet per acre applied for*
When the spring freshet appears te be nearly ever, the
Company shall prepare a memorandum setting eat %m distribution
proposed to be made of the- surplus water evbr and above one
and one half acre feet per acre of the land covered by applications, and shall submit ths suae te the later Ussrs9 Committee, o o
~4~
and shall consider sag suggestions made by them, aad if necessary, confer wife them in regard thereto*
Xn ease ef disagreement as to ths allocation of such
swrplue water, the matter shall be referred to ths Watsr
Bights1 Engineer ef kelowna fer decision, but both the Company
and the Water Psora shall have the sag* right ef appeal te the
Comptroller from any decision, ef such Water Bights* sngineer
at Kelowna, as Is prevldsd in respect ef carders ef the said
Sagi&esr mats under the water Act,
9* Ca) All monies received at any tias by tee company en
account of tells due tm the yters 1926, 1987, 1988 and. 1989
less sueh ef the esae as bate been expended prior te the date
ef thle order, shall so tm as they are needed, be used te
operate the irrigation system efficiently* te keep It ia good
repair and te replace with new structures all works or parte
of works which are er may become deteriorated te such efttent
that they cannot be satisfactorily repaired*
fbl If the Company receives ea account ef tells (Including
domestic tetir tolls) acre thaa enough money te provide daring
the year, in respect of which such taxes are paid, tm the
operation, repairs sad replacements referred to in eubelaase
fa) of this Clause ths Company may ass eae thousand and eighty
dollars ef any such surplus er any saallsr sua thereof te peg
interest on ths sua ef thirteen thousand fire hundred dollars
advanced te ths company by Mr* 3* 3* warren and his associates
tor  the construction of the Beaver Lake firs*
(o)  All the sums tesslvM in respect ef any of the years
1986, 1987, 19E8 and 1989, by tha Company en aeeeunt ef tells,
(including domestic water telle} and not expended pursuant to
iiubolsuses (a) and fb) ef this Clause, shall not later than
the 18th of March In the next c*$endar year, be deposited in o o
* ohartorod bank to th* eredit mt two persons} on* named 1*/
th* coapany *** th* at her by the water Users' ooaaittee
prairie** for ia Claaae 3,4 and th* subs so deposited shal3 not
ft* paid **t hy th* two said persons sxeept for th* purpose ef
renewi** th* various work* coaprlsing th* irrigation systea
operated hy th* Ooapaay, with th* approval of th* Coapany and
th* Water XI—tm1  Ooaaittee above referred te, provided that
th* Board of Investigation 8haU deeiae ia oase of disagreement
10. Hxeept ft, ,y*Tld*i in 3ubolause (hj of 01**** *, no
aoaiea resolved ft, th* Ooapaay on see (mat of tolls (inoludlng
doaestlo **t*r toll®} |» retpeet of th* yoara 1»8§, *,a?» in,
aad 19S», shall ft* expended by th* Coapany in th* payment of
•ay indebtedness ia****** hy th* Ooapaay prior to tho said
ftr*t day of January 1,86 or ia th* payment of any interest
apo* aay *m*h indebtedness, aor shall any such indebtedness
or interest be aeoeptet by th* Oestpany ae a ootoff against
aay tells aooraiag da* aft** January let, 1926.
11. Jixoept with th* approval of tho Canatxaliar *f water
Bight* and th* later Users' Ooaaittee, ao extension(costing
aor* than Fifty Dollar*S of th* irrigation ***** operated hy
th* Ceapany shall h* aad* or paid for oat of monies r«e*iT*d
*, th* Company on account of any tolls payable water thi*
order*
18* 9a* Ooapaay shall ft**? proper records tiae booh*, accounts,
voaabera aad receipts respeoti** all it* operations and shall
all** the water Users* committee t« *xaalae th* aa** at any
tiae provided one week'© aotlo* of th* connittee'a intention
t* aftft* any saoh eaaaiaatioa is given te te* Ooapaay.
13. fa* Ooapaay shall oapioy aad keep employed daring each
irrigatioa period, a properly aaalifi** mter teillff whose
**1* Suty shall be to relate the diatribatioa of th* water
«***i*a ia th* ayatea op*rat*d by th* Ooapaay! #»5.3T-. "5.03.Z.&
o o
~6~
14* fhe Wteter Veers te Whsse landc water is carried If
MMMmM ot the Irrigation systaa operated If the Oenpsn? shall
in ths month ef Marsh in each year at s meeting called tor
the purpose choose a committee ef net acre than- five persons
te set for the Water leers in respect of matters referred te
in this order* Sieiy itotcr veer against who, tslls srs
chargeable mtsr this order shall be entitled te attend the
SStd s&nual meetings snd te take pert in choosing the ssld
Qonittee* Bach Water Wear shall he entitled to one vote fer
each of not more then five candidates* -he first of such
meetings shell he held on the first dsf sf Marsh 1987 at t
o'clock in the afternoon at the QowmMmtty lull at Winfleld*
1* i* AH sstseqnent meetings Shell he called If notices
petted, mm  te the vicinity of Winfleld} such notices ts he
signed hy a majority ef the oomlttee lest chosen*
IB* nothing contained herein shall prevent the Company er
any later User, Wster Users or Association of later Users
from applying te the undersigned fer farther directions in
respect ef any matter dealt with in this order or any setter
relevant there te*

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