Rainbow Ranche Collection

Document from the Province of British Columbia, 1930 Province of British Columbia 1930

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 \£o/3,SZ% *¥* O^
010E0S the flFTH, by the Grace of God, of Great
Britain, Ireland, and the British Dominions
beyond ths Seas, KIMG, Defender of the Faith,
JSaperer of India*
To all to whom these presents shall come — GREETING*
) WHEREAS by section 172 of the
) "Water Act" it is provided that
) it shall be lawful for the
Minister of lands* (
j Lieutenant-Governor im Council,
upon ths recommendation of the Minister of lands, to constitute
by Letters Patent a tract of lead ma improvement district and
the owners thereof a body corporate:
AID WMSS1AS a petition has been b^^tmmmm(L to the
Lieutenant-Governor in Council t^y owners of lead within the
tract of land hereinafter described, praying that ths said tract
of land may bs constituted sa improvement distriot and the
owners thereof, a hefty corporate:
All WHEREAS ths previsions of the "Water Aot" relative
to such petitions have beam complied with:
.AMD WHEREAS the Minister of Lands has recomaended that
the pm.yor of the said pstltioa should bs granted;
AID WHKREAS the Lieutenant-Governor in Council has,
by Order In Council made pursuant to the provisions of the
"Water Act" heen pleased to order that ths said tract of laad I	
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situate In Osoyoos Division of Yale District, and hereinafter
more particularly described* shall from aad after the
day .of A*D« lf5® be constituted an iaprovemoat
distriot and the owners thereof a body gorporate under the
said Act and fcae made further provision to the tenor and effect
hereinafter appearing:
HOW ESOW XX that by these presents we do hereby order
and proclaim- f£^   $&  ^^ ^4^^^^^ ^^A'J
1* that timet of land situate in the Osoyoos Division
of Yale District and comprising/Lots 4, >t 6f 8, 11 to 16,
21 to 25. 27, 23, 30 te 3Jt 36, 39, 40. 41, 44f 47 to 50, 52.
54 to 60, 62, 64t 67. 68, 70t 71. 76, 77, 79, 85. 84, 85. 9L 93,
•f4, 96, 97 *«d 104 to 112 all. Inclusive, Registered a Ian 444,J)
(Lots 113 to 117, 122, 123, 129 to 140, 2$fr to 171. ell inclusive,
Registered Plan 4JMJu.ots A, B, 1 to ^*(^Jl*9^~^X H mad ^%
all inclusive* Bsgiatarad Plan 45?) ^.ots 347 te 15-6 aad 152 to 157
all inclusive, Registered Plan £f$J[Lots 1 to 18 inclusive, Registered
Plea^lt|)£ots 1 to 57, 6? to 72, 76, Ul to 122 aad 161 to 167.
Registered Flan 5feiJ(Lets F, a, 42 to 52* 56, 57, 59 end 60,
Registered Flan 525^ (Lots A and B, Hegistersd Plan 1555/ (fractional
north half of Section 21^/IIie Biatl, las! ijnastes ef Booties dt»
and the South last q&arter of Seetion 29, Township 20, said
Registered Plans 444, 454, 457, 498, 500. 521, 525 aad 1555 being
plans regiatered with tha. Registrar of the Xtoloops Land Reglatra-
tlon District, shall from aad after the day of
A*B* 1930, be constituted aa improvement distriot aad
the owners thereof a body eorperate under and subject to the
provisions of the "Water Act" aad under and subject to the
provisions hereinafter contained or referred to* o
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, Territorial Limits, aad objects of
the District*
Z*  The said improvement district shall be eelled
and known by the Ms* aad title of "Winfleld and okanagan
Centre Irrigation District1*.
3* The said improvement district shall comprise all
the tract of land hereinbefore described.
4. fhe objects of the said improvement distriot shall
be the eequisitiea aad operation of works and licences for the
storage, delivery, and carriage of water for irrigation purpose,
waterworks purpose* power purpose, aad such incidental purposes
aa are authorised hy  the lieeasss it acquires.
qualification of Votesa at the First Election*
5* At the first election the persons qualified to vote
for Trustees shall be all such persons aa ears British subjects
of the full ego of twenty-one years, aad are owners (as defined
In Motion 165 of the said Act) of land within the territorial
limits, or the duly qualified agents of such setters, and are
not of Gfcinese, Japanese, or other Asiatic or Indian rase.
lumber, Qualification, and Tern of Office
of the Trustees*
4* There shall Mm  five trustees of the said improvement
7. Any person qualified as hereinbefore provided to bs
a voter at the first election shall bo qualified to be a
candidate for elaotloa as Trastss at th* first election*
8 * fhe candidates elected Bm trustee for altiM the
greatest aad aeeend greatest Matters of electors vote at the
general meeting called pursuant to clause 10 hereof shall hold
office until tho annual general meeting of 1953. the candidates
elected for whom the third aad fourth greatest numbers of electors
vote shall hold office until ths annual general meeting of 1932# I	
m    4 **
sad the oandidate eleotad for whom ths fifth greatest number
Mt electors vote shall hold office until the annual general
meeting of 1951} but ahomlfl there be nominated no acre than
five candidates for the of flee of Trustee, thea the Returning
Officer shall have power to aad shall declare which of the
eandlda&gs elected shall hold office until the asset, the second,
and the third sueeasdlag aanual general meetings respectively*
First Meeting of the First Trustees.
9+ fhe first Trustees of the said improvement district
shall first aset oa the first Monday following their election,
and If the same is a holiday, then on the day next following
whioh la not a holiday*
Returalag Officer aad Hia Instructions*
10. Mr* Edward Chapel Shanks, ffcmsr, shall bs
Returalag Officer for ths first election of Trustees of ths
gaid improvement district* The Returning Officer shall call
a general Metlag af the electors of the Improvement distriot
for the purpose of electing five Trustees* tho fieturning
Officer shall at least eevaa days before ths holding of the'
said gsasral meetlag eauM to bs posted in six or more conspicuous
plaess within the territorial limits, a notice signed by him
giving the date, time, aad plaso of holding the said general
meetlag. The Returning Officer shall bs chairman of the aaid
general meeting and he shall have pewesr ts determine whether or
not aay person who applies to bs allowed to vote for Trustees is
qualified to do so* The mode of takiag tha votes at the said
general meeting shall be aa determined by the Returning Offleer*
The Setumlng Officer ahail la ease of a tie vote have a
casting-vote whether qualified as aforesaid or not* fhe
Returning Officer shall declare the result of the election aad
shall return the names of the successful candidates to the
Water Board. o
~ 5 -
Ths First Assessment Soil.
11 * The lands within the territorial limits shall
for the first assessment be classlflsd into two grades upon
the following method of grading :~
ttta&e A: Consisting of all land in the district
which was irrigated during any one of the
irrigation seasons of 1927, 1928 or 1929*
Grade B* Consisting of all land in ths district
eaergr Aali be liadtMriPta providing such works ealy ^MmMtM the
trustees are sat&attad that it is ia the Interests of ttha
if^rovoMnt distriot to da m*
use the improvement distriot shall provide one point of delivery
to each .parcel of lead which mmm shown aa a separate parcel in
the Land Registry Office on the first day of April, 1930*
The acquisition and operation of aU works for the
diversion aad carrying of the water from tha point of di version
to the various points of delivery, including works far
controlling and aeasuriag the water at the points of delivery,
shall be the duty dad liability of the improvement district, and
the acquisition and operation of all works for carrying the water
from the point of delivery fer each parcel as aforesaid to ths
place of use and for utilizing the water shall be the duty and
liability of tho earner of the land upon which the water la
-authorised to he aaed.
The trustees may provide an additional point of
delivery for any parcel of land upon the owner making written
application therefor and paying a bonus of such amount aa to
the Trustees appears Just and reasonable, and they may thereafter
ohargs against the land affected and the owner thereof a special o
Ths First assessment Roll*
11* The lands within the territorial limits shall
for ths first assessment bs classified into two gMdes upon
the following iMthod of grading:—
Grade A*    Consisting of all land in the district
which was irrigated during aay one of the
irrigation seasons of 1927. 1928 or I929*
Grade Bs /Consisting of all land ia ths district
not classified la Grade A,
12.(1) Ths obligations of tho Improvement district
to provide works for the generation and supply of electrical
(2) For supplying water for Irrigation and domestic
use the improvftaeat distriot shall provide one point of delivery
to eaeh parcel of lead whioh waa shown aa a separate parcel in
the Land Registry Office on the first day of April,. 1930*
The acquisition *nd operation of all works for the
diversion aad carrying of ths water from the point of diversion
to the various points of delivery, including works for
controlling and saasurlng ths water at the points of delivery,
shall bs the duty and liability of ths improvement district, aad
the acquisition aad operation of all works for carrying the water
from the point of delivery for each parcel aa aforesaid to ths
place of use and for utilising the water shall be the duty aad
liability of the owner of ths land apon which ths water is
authorlssd to be used*
The TrustMs may provide aa additional point of
delivery for say parosl of laad upon the owner making written
application therefor and paying a bonus of such amount aa to
the Trustees appears |ust aad reasonable, and they aay thereafter
charge against the land aff sated and tha owner thereof a special o
.6 |
annual toll for the maintenance aad operation of the works
©ade necessary to comply with the said application, ia addition
to all other taxes, tolls, rentals, and charges payable la
respect of the land affected.
When aay pareel of land is subdivided pursuant to
a plan of subdivision filed la ths land Regletsy Office after
the first day of April, 1930* all works made necessary by such
subdivision shall be constructed by the saner of the land, aad
when such works have boon constructed to comply with tha
requirements of the Trustees ths improvement distriot shall
thereafter be responsible for the maintenance of that portion of
the work so constructed whioh tha improvement district would bs
under obligation to provide had ths plan of subdivision been
fllad prior to the said first day of April except where such
pareel is subdivided into parcels aay ef which contains less than
three acres of lead, in which cases the construction of all works
made necessary by such subdivision shall be ths duty aad liability
ef the owners of ths lead to be served therefrom, and the maintenance and operation thereof shall be the duty of ths improvement
district, and ths cost of such maintenance and operation shall
bs borne by the owners of the lands served therefrom.
13* Sections 200 to 206 and 210 to 213 inclusive,
and schedule i of the MFater Act19 shall not apply to ths said
improvement distriot, aad the following provisions shall apply;--
* Aa annual general Meting of the esasfs of the
improvement distriot 'shall bs sailed by ths trustees,; and shall
be held between the fifteenth day of Wbroaxy MB&  the fifteenth
day of March at a pleas within or ia the vicinity of the
improvement distriot, for the following purposes:~
"(a) To receive from the trustees a report on ths
condition of ths works and astatement of tha
financial condition of ths Improvement distriot: o
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*(b) fa dissuss with, the trustees, any Batter
relating to ths worka or finances of the
improvement distriot:
*(s) To fix the remuneration of the Trustees
fer ths ensuing year:
*(&) To elect a Trustse or trustees to fill all
vacancies among tha Trustees, sad to elect
a Trustee or Trustees to succeed those whose
term of office expire coincident with ths
holding of such annual general meeting,
*A speeial general meeting may bs sailed by the
trustees at any time for ths purpose of electing a Trustee or
Trustees., or for the purpose of discussing with ths electors
My Matter er matters relating to ths works or finances of tha
improvement distriot which ia the opinion of ths Trustees should
bs brought ap at a gsaeral meeting.
"At leaat ssvaa daye1 notice of Mverj^ general aaetlng
shall bs .given by notices .posted up in at least six saasplsMus
publis places ia the improvement distriot* Ths said notices
©ay be in Form 4 ef schedule 4 of ths "later Act**.
"The electors present at a general meeting, except
ths oas called pursuant to elans© IA hereof, shall appoint a
chairman aad secretary of the meeting.
"Ths secretary shall sabsr in a book provided by
the Trustees for that purpsM minutes of all natters brought
bafors the meeting, including all resolutions proposed and the
action taken thereon sad all votes taken upon any matter. The
persons entitled ts vote at aay general meeting, except tha
one called pursuant to claaas 10 hereof, shall be such aa are
British subjMts. aad are of the fall age of twenty -one years,
and are owners (aa defiaed ia section 165 of the "water Act) of
land within the territorial limits, or are the duly qualified o
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agents of gueh owners, or the legal representatives of sash
owners who have died, become insolvent or insane, and are not of
Chinese, Japanese, or other Asiatic or Indian race* lo person
shall be entitled to vote at aay annual or other general meeting
while there is owing to the improvement district in respect of
the land held by him any taxes, toils, or other charges other than
those levied, fixed, or charged by the Trustees within one year of
the date of the meeting* Sa ths event of the right of aay person
to vote at aay general masting being challenged, the cheimaea shall
havs aatharity to determine whether or not sash person is
entitled ts vote, sad ths shairman may require such person to make
and file with him a statutory dsslaratiem showing that the
declarant is qualified as aforesaid- to vote at such general
■meeting* Forthwith after the holding of a general meeting the
-Trustees shall file with ths Water Board a true copy of ths minutes
of such meeting***
14. All words and phrases given spatial meanings ia
Beetle* 5 or Seetiea 165 af tha said Act shall, where used herein,
ba ascribed the asealngs given them in tha said sections unless
the context otherwise requires.*
H fBTlMOSf WHEREOF, IM have caused these Our Letters to bs
mads Patent, and the Mast seal of Oar
said PrsvinM to be hereunto affixed*
WXCS13S, the Honourable JAMES ALKXilPI* MaoDQJfALD, Administrator
of Our eeld Province, in Our Oity of Victoria,
Im Our s&id Province, this     day of
, im ths year of our lard one
thousand mine hundred and thirty, aad in ths.
twentieth year of Oar Reign.
By Command*
Deputy Provincial secretary*


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