Rainbow Ranche Collection

Letter from E. A. Cleaveland to "Sirs", October 7, 1924 Cleaveland, E. A. Oct 7, 1924

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£ x
James J. Warren
George wilkie
aty* ©kattagatt Hailnj Hlwuh (Eompattg, £tsmt?fr
©kattasan <Setttrr* VA,....pate-ber- 7-# 1*24^
The Okanagan Centre  Irrigation and iower Co., Ltd,,
Okanagan Centre.  B* C*
Dear Sirs:
Please refer to Pile 42136*
A complaint respecting the supply of water by
yourselves and matters relative thereto has been made to
this Board by Messrs.* Borris ana :1a Williams, on behalf of
a number of your water users* The complainants make the
following allegations:
(l)  That the Company's printed water agreement in res*
pact of the original delivery of water anc! the new
agreement are unjust, unreasonable, unduly restrictive,
arbitrary, discriminatory and in violation of law*
f£)  That tho Company
to deliver water*
status under the Water Act
(3) That the Okanagan Centre Irrigation and Power Company and the Okanagan Valley Land Company, Limited, to
which the former Cora pany is subsidiary are, aa it appears b^j  their own balance sheets, in extremely shaky
financial condition, have made no provision for depreciation fund and for the upkeep of the works and the Users
feel that the Company may not be in a. psoition to fulfill
its oblierationn. ^MU
(4) That the Irrigation
lands of the Land Compai
transfer of
company is delivering water to
to which the Licence is not
wu \tlll.
point the Users will object to anj
mrtenancy of the licence to these lands*
(5) That the Company had not fulfilled Its agreement with
regard to the delivery of water.
(6) That land has been sold by the Land Company as irr-
igated land and the Qomp&ny has since refused to deliver
water to the land or construct the works necessary for
the same* r
j^mes J. Warren
George Wii_kie
vice-pr es.
3Kj£ (Pkattagatt Baliejj ffiatti. Ctfompattg, Ctmttri-
©kattagan (Eentrr, $.QL,_
O.C*I* k  P.Co*
v (7) That the rates charged exceed what is just and reasonable*
(8) That the Quantity of water to be delivered by virtue
of its agreements is unreasonably restricted*
{9} That the Company has entered into agreements to furnish and deliver mors water than it has ability to furnish
or deliver.
(10) That the Company has not obtained authority to deliver
domestic water and that the charges made for delivery of sueH
domeotic water are discriminatory*
(11) That the Company is wasting the water a>purtenant to
the lands of the Users*
(l?)     That no formal agreement has been made respecting the
delivery of domestic water, which is being delivered*
(13) That the system of the Company has not sufficient
capacity to deliver all the water appurtenant to the lands
of the Users which water is necessary for the proper irrigation of the crops of the Users*
Also other grounds*
The Users would ask that the Board of Investigation
consider the above points and make an order affording them
relief In respect of the same* Thay especially ask that
on any hearing that may be ho If the Board riheuld make an
order declaring that the licensee an* works by virtue of and
through which the watsr is deliveredare nn&  always have been
appurtenant to th lands covered by the licences and a proportionate interest in the same is owned by the Users in proportion to the acreage held by them*
"he Board has authority under sab sect ion (5) of section?
068 of the Water Act to hear and deal with a complaint of *fe**
this nature and it proposes to hold a meeting at Winfield
within the next three months at which it will hear the evidence adduced by the water users and yourselves touching the
matters set out In the aaid complaint* You will be advised
later as to the date of the hearing*
lours very truly,
(signed) *** A*  Cleveland.


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