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Rainbow Ranche Collection

Copy of Letter from D.K. Penfold to James Goldie, February 9, 1943 Penfold, D.K Feb 9, 1943

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 9e>\%-ZO. ***•<&,<*%*■
Offiee of District Engineer,
Kelowna,   B.C.   Feb. 9th. 1943.
Letter addressed to James Geldie File No- T520 A.
The Distriet has jurisdiction over only the lands mentioned in the
Districts Letteers Patent.
No transfer of Water Rights aay be made without the consent of the
Trustees, who instruct the Assessor accordingly, and as the Ccuj?t of Revision
generally includes the Trustees, the pelicy will remain the same. This only
applies to land within the District boundaries.
The Trustees cannot be compelled to make a transfer of Water Rights.
Begore the Final Lieences were issued, the total acreage under
irrigation was determined by survey, and this total was not exceeded when the
Final Lieencej^includ+i^ Lot 7, Map 444, so that the issuance of the lioenee to
Lot 7 did/increase the amount of water to be used.    The Distriot cannot be
compelled to supply water to Lot 8.     The Distriet can apply for an
amendment to its letters Patent by requesting the inclusion of Lot 7.
As more land is irrigated than can adequately be sjrved with the
available water,Jt would not be politic to serve any B Land.    If any B
land is found to be better than any A land, a transfer would appear reasonable,
but should require the approval of the Trustees|
Section 68 relieves the Trustees ef any obligation of serving even
n  A n land if it is not economic to do so.
A user may run water from A to B land only on the approval of the
Trustees, who could then assess the B land*
||§|      Signed by   D.K. Penfold
District Engineer


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