@prefix ns0: . @prefix edm: . @prefix dcterms: . @prefix dc: . @prefix skos: . ns0:identifierAIP "b529a85e-a544-4ae2-b690-3bba7ee81ca1"@en ; edm:dataProvider "CONTENTdm"@en ; dcterms:isPartOf "Rainbow Ranche Collection"@en ; dcterms:creator "Province of British Columbia"@en ; dcterms:issued "2017-11-10"@en ; dcterms:created "1930"@en ; dcterms:description "Document from the Province of British Columbia, dated 1930, regarding the Water Act and a petition from the land owners."@en, ""@en ; edm:aggregatedCHO "https://open.library.ubc.ca/collections/rainbow/items/1.0357883/source.json"@en ; dcterms:extent "1 document : 8 pages, typed"@en ; dc:format "application/pdf"@en ; skos:note """ \\£o/3,SZ% *¥* O^ administrator. ©ABABA. »0VZ!fC£ OF BBXXXSH COLUMBIA 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 o - 2 - 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 - 3 - , 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 district* 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 o L 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 1 ~ 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 Ijpf 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 k .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 - 7 - *(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 - 8 - 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*"""@en ; edm:hasType "Legal instruments"@en ; dcterms:identifier "2013_57_09_04_04"@en ; edm:isShownAt "10.14288/1.0357883"@en ; dcterms:language "English"@en ; dcterms:relation "http://www.lakecountrymuseum.com"@en ; edm:provider "Vancouver : University of British Columbia Library"@en ; dcterms:rights "Images provided for research and reference use only. Permission to publish, copy, or otherwise use these images must be obtained from The Lake Country Museum and Archives: http://www.lakecountrymuseum.com/contact/"@en ; dcterms:source "Original Format: Lake Country Museum and Archives. Central Okanagan and Winfield Irrigation District Files. 2013_57_09_04_04"@en ; dcterms:subject "Agriculture"@en, "Fruit industry"@en, "Orchards"@en, "Irrigation"@en ; dcterms:title "Document from the Province of British Columbia, 1930"@en ; dcterms:type "Text"@en .