Approved and ordered this
7,t
day of
;o e J 1444/w
/-•
A7P. 19
rtft74,0;
ueurenant.corernor. •
At the Executive Council Chamber, Victoria,
PRESENT:
The Honourable
Mr. Oliver
in the Chair.
Mr. PIttull0
Mr. earAB
Mr.
Mr.
Mr.
Mr.
Mr.
larv:
7cLocin
To His Honour
The Lieulenanl-Covernor in Council:
The undersigned has the honour to Report:
,/;4/9I
2
.:421943-=;11s0
THAT a petition has been filed with the Comptroller of
Wter Rights by certain owners of land within the territorial limits
of the proposed Vernon Irrigation District praying that the lands
within the said territorial limits be constituted an improvement
distriot and the owners thereof a body corporate under the name
of Vernon Irrigation District pursuant to the provisions of
Division 4 of Part V11. of the Water Act 1914.
THAT notice of the said lAtition inviting objections
and suggestions has been published in the British Columbia Gazette
and in The Vernon Nes a newspaper circulating in the locality of
the said territorial limits. Only one objection to the granting
of the prayer of the said petition has been filed and it has been
disposed of by revising the boundaries of the district to exclude
the lands of the objector. There are now no objections filed
which have not been w4tiefied.
THAT the Comptroller has reported that the project outlined in the said petition is a feasible and praoticable one and
the probable cost of the system contemplated is not prohibitive.
THAT the Board of Investigation has examined the said
petition and the report of the Comptroller and has reported that
- the said petition is signed by owners representing more than
fifty per oentum of the lands included within the territorial
limits of the said proposed district and that the Board considers
the incorporation of the said proposed improvement district
advisable.
THAT it is in the public interest that the prayer of
the said petition be granted.
AND TO M:Co-LdEND
THAT pursuant to the provisions of Division 4 of
Part V11. of the WATER ACT 1914 as enacted by Section 27 of the
WATER ACT 1914 AMENDMENT ACT 1920 the Lieutenant-Governor in
Council do constitute the tract of land described in the
Lettere Patent attached hereto an improvement district and
the owners of land within the said tact of land a body
corporate under the name and style of Vernon Irrigation
District with the objects rights powers privileges duties
and authorities as are by the said Act conferred on improvement
districts and are in the said Lettere P. tent in part set forth.
Dated this
day of December, A.D. 1920
*Th
Minister of Lands.
Approved t 1
(PA day of December, A.D. 1920.
residing 2.:_giber of the Executive Council.
Lie,
-Governor.
CANADA
PROVINCE OF BRITISH
COLUMBIA
George V. by the Grace of God of the United Kingdom of
Great Britain and Ireland, and of the British Dominions beyond
the Seas, King, Defender of the Faith, Emperlor of India.
To all to wnom these presents shall come:- Greeting.
T. D. lattullo
: WHEREAS by Section 179A of the WATER
Minister
: ACT, 1914 as enacted by Section 27
of Lands
: of Chapter 102 of the Statutes of
1920, it is provided that it shall be lawful for the Lieutenant
Governor in Council upon the recommendation of the Minister of
Lands to constitute by Lettere Patent a tract of land an Liprovement district and the owners thereof a body corporate:
AND WHEREAS a petition hae been addressed to the LieutenantGovernor in Council by owners of land within the tract of land
hereinafter deecribed praying ti. at the said tract of land may be
constituted an improvement district and the owners thereof a body
corporate:
AND WHEREAS the provisions of Sections 173A to 178A inclusive
of the said Act have been complied with:
AND WHEREAS the Minister of Lands hae recommended that the
prayer of the said petition ehould be granted:
AID WHEREAS the Lieutenant-Governor in Council hae by order
in Council made pursuant to the provisions of the Water Act 1914
and amendments thereto been pleased to order that the said tract
- 2 of land situate in the Osoyooe Division of Yale District and
hereinafter more particularly described shall from and after the
ninth day of December A.D. 1920, be constituted an Improvement
District and the ownere thereof a body corporate under the said
Act and amendments thereto and has made further provision to the
tenor and effect hereinafter appearing:
NOW KNOW YE THAT BY THESE IRESENTS We do hereby order and
proclaim that the tract of land situate in the Oeoyooe Division
of Yale District and consisting of two parcels wnich are more
particularly described as follows;
PARCEL ONE: Commencing at the North East corner of the
South East quarter of Seotion four (4) Township eight (8) Oeoyooe
tienoe South along the &astern boundary of the said S.S. quarter
to the N. E. Corner of Lot 70 0Eoyooe.
Thence S. and W. along the J. and S. boundaries of Lots 70,
69 and 68 Osoyooe to the S.W. corner of said Lot 68;
Thence
020y0013
W. and S. along the
N.
and
W. boundaries of Lot 66
to the S. W. corner of Lot .)O;
Thence W. along the F. boundary of Lot 62 Oeoyooe to the B.E.
corner of Okanagan Indian Reserve No. o;
Thence N. and
along the E. and N. boundaries of said I.R.
to the N. We corner of said I. R.;
Thence Westerly along the shore of Okanagan Lake to the S.W.
corner of Lot 56 Oeoyooe,
Thence N. along the W. boundary of said Lot 50 to the S.W.
corner of Section 36, Tp. Oeoyooe;
Thence E. and N. alone the S. and E. boundaries of said Seo.
36 to the S.W. corner of the N. of Sec.31, Tp.9 08a,00e;
Thence E. and N. along the S. and E. boundaries of said N.i
of Sec.31 to the S.W. corner of Sec.5, Tp.8, 0.(vooe;
Thence B. and
N.
along tne
S. and E. boundaries of Sec.5 to
the N.W. corner of the S.W.j of Sec.4;
-3
-
Thence E. along the centre line of :aid Sec. 4 to the point
of commencement.
IAMBI. TWO: Commencing at the S.E. corner of the N.E. quarter
of See. 4, Tp.8 Ocoyoos;
Thence
N.
along the E. boundary of Sees. 4, 9 and
lb
to a
S.E. corner of Okanagan Indian Reserve Number 1;
Thence Northerly along the E. boundary of said I. R. to the
N.W. corner of the Frao. N.E.} of Sec.34, Tp.8 Osoyooe;
Thence E. and N. along the S. and E. boundaries of Lot 104.
Osoyoos to a point on the said 3. boundary fifty chains and twenty
four and three tenths links from the
corner of the said Lot
104;
Thence S. sixty-eight degre(e, fifty minutes E. six links;
Thence S. eighty-five degrees ten minutes E. three chains
ninety-seven links;
Thence S. seventy-three degrees forty-three minutes E. one
chain fifty-two links;
Thence N. thirteen degrees thirty minutes E. nineteen chains
fifty-one and four tenths links;
Thence N. eight degrees thirty-five minutes 3. thirty-two
ohaine forty-two links to a point on the N. boundary of Sec.3,
Tp.7 Osoyooe;
Thence E. along the N. boundary of Sec.3 and 2, Tp.7 Oeoycjoe
to the N.E. corner of said See.?;
Thenoe S. along the E. boundary of See.2, Tp.7, Oeojooe and
See.55, Tp.8 Osoyooe to the S.E. corner of said Seo.35;
Thence 3. along the N. boundary of Sec.25, Tp.8, Osoyooe to
the N.E. corner of the N.W.i of said See.25;
Thenoe S. along the centre line of said Seo.25 to the S.E.
corner of S.W.i of said Seo.25;
Thence W. along the S. boundary of said 2,0.25 to the N.W.
corner of Lot H. of Regietered Map 1302, Kamloope Registry Office;
-4
Thenoe S. and E. along the W. and S. boundaries of Lots
H.O.F.E.D.D1 and D2 to the S.E. corner of Lot D2 of Registered
Map 1362 Kamloops Registry Office;
Thence N. along the W. boundary of Sec. 18, Tp.5 Oeoyooe
to the V.W. corner of the S.W.:I; of said Seo.18;
Thence E. along the N. boundary of said S.W.} to the centre
of said Seo.18;
Thence S. along the centre lines of Seo.18, 7 and b, Tp.5
Osoyooe and Sees. 31 and 30, Tp.b Oeoyooe to the centre of Sec.
30, Tp.b Osoyooe;
Thence E. along the centre lines of Secs. 30 and 29, Tp.b
Osoyooe to the centre of Sec.2c,,, Tp.6 Osoyoos;
Thence S. along the centre line of said Sec. 29 to the S.W.
corner of S.E.* of said Sec.29;
Thence E. along the N. boundary o; Seelig 20, 21, 22, Tp.6
Ocoyooe to the S.W. corner of
Seo.27, Tp.b Oeoyooe;
Thence N. along the centre line of said Seo.27 to the centre
of said Seo.27;
Thence E. along the centre line of said ec.27, 2b, and 25
Tpp6 Osoyoos and Sec.30, Tp.3 Osoyoos to the centre of said Sec.30;
Thence S. along the centre line of said Seo.30 to tne N.W.
corner of Lot 141, Registered Map b41, KamiloopP Registry Office;
Thence E. and S. along tne N. and
boundaries of said Lot
141 to its S.E. corner;
Thence S. and W. along the E, and S. boundaries of Lot 142,
Registered Map b41, Kamloops Registry Office to its S.W. corner;
Thence S. along the E. boundary of Lot 87 Oeoyooe to the
N.W. corner of Lot 433 Osoyoos;
Thence M. and 3. along tne N. and M. boundaries of Lot 433
to the S.2. corner of said Lot 433;
Thence E. and S. along tne L. and E. boundaries of Lot 410
Osoyooe to the S.E. corner of said Lot 410;
-5Thence E. and S. along the
N.
and
boundaries of Lot
431 Oeoyooe to the S.B. corner of said Lot 431;
Thence S. and W. along the E. and S. boundaries of Lot
432 Oeoyooe to the S.W. corner of said Lot 432;
Thence N. along the W. boundary of said Lot 432 to the
N.E. corner of Sec.7, Tp.3 Oeoyooe;
Thence W. along the N. boundary of said Scc.7 to the S.E.
corner of Seo.13, Tp.u, Oeoyooe;
Thence
V.
along the 3. boundary of said Seo.13 to the
N.E. corner of
of eaid Seo.13;
Thence W. thirteen chains and twelve links along the N.
boundary of said
Sec.13;
Thence N. and parallel to the S. boundary of tne N.E.i
Seo.13, r.4.6 Oeoyooe to the N. boundary of the Paid N.E.i Sec.
13;
Thence W. along the N. boundary of and to the N.W. corner
of the said Seo.13;
Thence N. along tne 3. boundary of Sec.23, Tp.b Oeoyooe
to the N.E. corner of the S.i of the S.E.i of eaid Seo.23;
Thence W. along the V. boundary of the said S. of S.E.i
Seo.23 to the centre line of said Sec.23;
Thence S. along the centre lines of Sectione 23 and 14.
Tp.b Osoyooe to the centre of tne said Sec.14;
Thence W. along the centre linee of Sectione 14 and 15
Tp.b Osoyoos to the centre of said Section 15;
Thence S. along the centre line of said Sec.15 to the S.E.
corner of the
of said Sec.15;
Thence W. along the N. boundary of Secs. 10, 9, 8 and 7
Tp.b Oeoyooe to the V.V. corner of Sec.7, Tp.b Oeoyoos;
Thence S. and W. along the E. and S. boundaries of Lot
55 Oeoyooe to the S.W. corner of said Lot ;5;
- b -
Thence Weeterly and Northerly along the shore of Lon3
Lake to the S.W. corner of Lot 3888 Oeoyooe;
Thence E., N. and W. along the S., S. and N. boundariee
of eaid Lot 3888 to ite N.W. corner;
Thence Westerly along the .:hors of Long Lake to the
S.W. corner of Lot 27, Regietered MtP 455, Kamloope Eegietry
Office;
Thence Northerly along the W. boundary of Lot 27, 26
and 25 and 24, Regietered Map 455 to the N.W. corner of said
Lot 24;
Thence W. along the N. boundary of Sec.22, Tpi9, Oeoyooe
to the S.W. corner of tne S.24. of Sec.27, Tp.9 Oeoyooe;
Thence N. along the centre line of :aid Sec.27 to the
centre of eaid ?ec.27;
Thelice North Weeterly along the W. boundary of Lote 29
28, 27, 26, 25 and 24 Regietered Lap 550, Kamloope Registry
Office to the S.W. corner of Lot 24 eaid Regietered Map 550;
Thence E. along the S. boundary of Sec.34, Tp.9 Oeoyooe
to the S.E. corner of eaid Sec.34;
Thence N. and E. along the W, and N. boundariee of S.W.
Seo.35, Tp.9 Oeoyooe to the centre of eaid Seo.35;
Thence N. along the centre linee of Sec.35, Tp.9 Oeoyooe
and Seo.2, Tp.8, Oeoyooe to the N.W. corner of N.E.i of said
Seo.2;
Thence W. along the N. boundary of Sooe. 2 and 3, Tp.8
Osoyooe to the N.W. corner of N.E.i of eaid Seo.3, Thence S.
along the centre line of said Seo.3 to the centre of eaid Seo.3;
Thence W. along the N. boundary of the S.W.; of eaid Seo.
3 to the point of commencement excepting thereout (1) Okanagan
Indian Reserve No. 4 (Swan Lake) and (2) Dietriot Lot 51 save
the Southerly 4.129 aoree of Lot 1 and all of Lot 5 of Regi2teree
Map 1163;
shall from and after the ninth day of December, A. D. .920
be constituted an improvement district and the owners thereof a
body corporate under and subject to the prollisions of the "WATER
ACT 1914"aad amending Acts and under and subject to the provisions hereinafter contained or referred to.
NAME TERT=ITORIAL
LIMITS AND OBJECT OF THE DISTRICT.
2. The improvement district shall be called and known by the
name and title of "VERNON IRRIGATION DISTRICT".
3. The said improvement district shall comprise all the tract
of land hereinbefore described.
4. The objects of the said improvement district shall be the
acquisition and operation of works and lioences for the storage
carriage and delivery of water for irrigation and such incidental
purposes as are authorized by the water licences it acquires.
NUMBER OF THE TRUSTEES.
5. There shall be nine Trustees of the said improvement district.
LALIFICATION OF VOTERS AT THE FIRST ELECTION.
6. At the first election of the said improvement district
every person who makes ad files with the Returning Officer a
statutory declaration declared before the Returning Officer or
before a Justice of the Peace a Commissioner for taking affidavits
or a Notary Public showing that the declarant is qualified pursuant to the requirements of Sections 205-A and 206-A of the said
Act to have his name entered upon the voters' list of the said
improvement district or that he is the duly authorized agent of
a body corporate owning land within the territorial limits sad
if requested to do so otherwise satisfies the Returning Officer
that the said deolarant is so qualified shall be qualified to vote.
QUALIFICATION AND TERM OF OFFICE OF THE FIRST TRUSTEES.
7. Any person qualified as hereinbefore provided to vote at the
first election shall be qualified to be a candidate for election as
Trustee at the said first election.
-g-
8: The three candidates elected as Trustees for Nhom respect-,
ively the greatest second greatest and third greatest numbers
of votes are polled at the first election shall hold office
until the annual election of 1923, the three candidates eleotedfbr
whom respectively the fourth fifth and sixth greatest numbers
of votes are polled shall hold office until the annual election
of 1922 and the three candidates elected for whom respectively
the seventh eighth and ninth greatest numbers of votes are polled
shall hold office until the annual election of 1921 but should
there be nominated no more than nine candidates for the office
of Trustee then the Returning Officer shall have power to and
shall declare which of the candidates elected shall hold office
until the next, the second and the third succeeding annual elections respectively.
FIRST MEETING
OF THE FIRST TRT2STEES.
9. The first Trustees of the said improvement district shall
first meet on the first Monday following their election and if
the same is a holiday then on the day next following which is not
a holiday.
RETURNING OFFICER AND HIS INSTRUCTIONS.
10. Mr. Douglas Campbell Tuck cf Vernon ia the Province of British
Columbia, Solicitor, shall be Returning Officer for the first election of Trustees of the said improvement District, The said Returning Officer shall fix the date,time and place for holding the nomination and the voting, if any, and shall at least four days before
the day of nomination cause to be inserted in one issue of a newspaper published and circulating in the District and shall likewise
cause to be posted in three or more conspicuous planes within the
territorial limits a notice signed by him giving the date time and
place of holding the nomination and of taking the poll if a poll is
required and shall appoint as many Deputy Returning Officers and
election clerks as may be necessary to take such poll and shall
-9hold the nomination in accordance with the :;rovisions
of the said
Act (except Clause 4 of Schedule B) in respect of subsequent nominaticn and shall if a poll is necessary take the poll at the date
time and place stated in the said notice by allowing to vote every
person who is qualified to vote by reason of his satisfying the requirements of and complying with the provisions of Clause
(6)
hereof.
Every elector shall be entitled to poll one vote for each of nine
candidates.
The said Returning Officer shall count the ballots
declare the result of the election and return the names of the
candidates elected to the Board in accordance with the provisions
The said Returning Officer shall have a casting
of the said Act.
vote in case an equal number of votes is polled for any two or more
candidates.
FIRST ASSESSMENT ROLL.
11. The lands within the territorial limits shall for the
first assessment be classified into four grades upon the following
method of grading:GRADE A: consisting of all lands irrigated with
eater from the system of the improvement
district.
GRADE B: consisting of all lands which are irrigable
but are not ustig water from the said system
and which are not classified as Grade C lands.
GRADE C. consisting of all irrigable lands not ready
for irrigation and of which the clearing,
levelling and improving necessary to prepare
they for irrigation would entail heavy expenditure.
GRADE D: consisting of all other lands within the territorial limits.
12. The said improvement district shall provide and operate all
the works necessary for diverting and storing the water and for
carrying it from the point of diversion to the points of delivery
hereinafter provided for including the works for measuring the water
and controlling its delivery. There shall be one point of delivery
to each parcel of land which contains Grade A or Grade B land but if
a holding is composed of contiguous parcels comprising in all not
more than forty acres which were on the first day of June 1920 owned
by the same perscn,then there shall be only one point of delivery to
such holdihg. There such parcel of holding exceeds forty acres there
shall be one point of delivery to each forty acres and one to any re.
aaining area thereof. The point of delivery shall be at such an elevation or the water shall be delivered at such a pressure that all the
irrigable land in the Tercel or group of parcels may be supplied.
The owner of land upon sLich water is authorized to be used
shall provide and maintain all the 'corks necessary for carrying the
water from the point or points of delivery specified for his land to
theplace of use and for utilizing the water and for taking care of
the waste or superfluous water resulting from the irrigation of his
land. PROVIDED THAT when any parcel of land is subdivided into parcels
of less than forty acres pursuant to a plan of subdivision filed in the
Land Registry Office after the first day of June 1920 all works made
necessary by reason of such subdivision shall be constructed by the
owner of the land so subdivided, according to plans and specifications
.pproved by the Trustees and when constructed as aforesaid the improvement district shall maintain and operate such of the said works
as are necessary to carry the water to the additional points of delivery approved by the Trustees but where a parcel of any such subdivision is lessthan five acres in area such of the said works as are
required to carry the water to such rarcel shall be maintained and
operated by the improvement district at the expense of the owner of
the said parcel. PROVIDED THAT the improvement district shall construct a sublateral ditch on the Western boundary of the South West
quarter of Section 24 Township 6 (commonly known as the Bellevue
Ranch) for the delivery of water to the said land and to the
North West quarter of the said section and shall maintain and
operate the said ditch and the existing distribution system
situated on the said South West quarter of Section 24 upon the
owner thereof granting or surrendering free of charge therefor to
the said improvement district all water rights and licences for
irrigation water appurtenant to the said South West quarter of
Section 24 and the said distribution system and rights of way for
the said ditch and distribution system and all other rights of way
and other easements necessary for the maintenance and operation
of the works commonly known as the South Canal and syphon.
PROVIDED ALWAYS THAT the improve/Lent district shall not in any
case be obliged to construct or undertake the maintenance or
operation of any works as aforesaid until the owners of the land
to be entered upon and of the land to be served by the additional
works shall have granted to the Iwprovemant District free of charge
therefor all rights of way and other easements that may be necessary for the maintenance and operation of the said works.
SPECIAL PROVISIONS.
13. The rate of taxes that may be levied by the Trustees upon
each aore of the land classified in the first assessment roll as
Grade B lands shall be equal to that levied upon an acre classified
as Grade A lands and for a period of five years after incorporation
the rate that may be levied on each acre of Grade C lands shall be
one-tenth of that levied on an acre classified as Grade A lands and
there shall be no rate upon Grade D lands PROVIDED however that where
the owner of deny land ready for irrigation shall have made written
application to the improvement aistrict for water on or before the
first of September of the 1:receeding year and the works necessary to be
construoted by the District to deliver water to the said land shall
not have been constructed by the date of the sitting of the Court of
- 12 Revision next following the making of tie said application the
eaid lands shall be entered i the nEw assessment roll as Grade
D lands.
14.
The Improvement District shall charge and recover in add-
ition to all other taxes rentals tolls and charges bvied upon or
payable in respect to any land a bonus of Twenty Dollars (20.00)
per acre for each irrigable acre of lend or in lieu of such bonus
it may charge and recover a special rental of Two Dollars (;2.00)
per acre p r annum for each irrigaole acre of land for a period
of fifteen (15) years and shall require payment of anon bonus or
special rental before a,7reein; to supply or before supplying any
water to any such land or before agreeinvto construct or before
constructing any works necessary to supply water to any such land
but this power add authority shall not apply to or affect any lands
which are enown coloure red upon a plan deposited in the office
of the Comptroller of *Atter Rights wnich plan is marked X dated
October 1920 and ie signed for identification by the said Comptroller
and a duplicate whereof ie filed in the office of tne Government
Agent at Vernon and also shall not apply to or affect an lanes in
respect of which a bonus or an equivalent had been paid before the
first day of October, 1920, to tine White Valley Irrigation and
Power Company Limited or in respect of which there was in force on
that date any water agreement mate witn the WhiLe Valley Irrigation
and Power Company Limited or witn Lord Aberdeen (now MargLis of
Aberdeen and Tamair) or with the said Coldstream :;stai,e Company
Limited.
The water available for delivery prom any of tee sources
170
of eupply of the Improvement District when .oir'rotation of use
15.
or other regulation of the natural f_ow tnemof is considered
by the Trustees necessary to conserve the supply of water and
when no water from store reservoirs is required to supplement
euoh nattral flow snall be deemed to be "Flood Water", and it
-13-
shall be within the powers of the Trustees to determine for
each source of supply the periods dur,mg which flood water may
be supplied and to fix the tolls chargeable for such flood water.
PFOVIDED FURTHER that the water of Coldstream Creek shall be
deemed to be flood water at all times save when storage water is
required to supplement the natural flow of that stream in order
to satisfy the needs of all the lands served therefrom, and the
tolls chargeable for such flood water shall not exceed ten per
centum of the current tolls charged in respect of water other
than flood water, and PFOVIDED ALSO that the water supplied for
the irrigation of District Lot 432 shall be deemed to be flood
Su
water at all times and wate-awlied for the irrigation of District Lot 434 shall to the extent of
5:
acre feet per annup be
deemed to be flood water.
16. The said Improvement District shall acquire the licences
and irrigation system now held or operated by the White Valley
Irrigation and Power Company Limited and the licences and irrigation systems now held or operated by the Coldstream Estate
Company Limited except ita right to divert water from Coldstream
Creek for power purpose and from Deer Creek and Abbotfield Springs
for domestic purposes and the works maintained for the exercise
of the said rights and shall be charged with and liable for the
repayment into the Conservation Fund of all the moneys expended
from the said Conservation Fund in connection with the irrigation
system of the said White Valley Irrigation and Power Company
Limited and the interest on the said moneys and of the following
sums approved by the local organization Committee to be advanced
from the said Conservation Fund and paid as hereunder mentioned,
namely:
(a) 30,000 pounds sterling to Sir James Buchanan for the
transfer or discharge of all his claims against the
White Valley Irrigation and Power Company Liu.ited including his debentures issued by that Company.
11.
(b) $27,164.15 to the Bank of Montreal in full settlement
of all its claims except upon the current account
mentioned in sub-clause (e) hereof against the said
White Valley Irrigation and Poser Company Limited
and the said licenoes and irrigation system of said
company and for the transfer or discharge of all the
securities held by the said Bank in respect thereof.
(0) $3733.08to the Bank of Montreal in settlement of
said current account.
(d) 356,925.00 to the Coldstream Estate Company Limited
for the purchase of all its right, title, interest
and equity in and to the water licenses now held by
it (except as above mentioned) and in, to and upon
the main works of the Coldstream Internal Irrigation
system and of the *Ranoh Ditches" and in, to and upon
the wooden pipe now laid by the said Company on Lots
137, 138, 139, 140, 141, 165, 166 and 167 of the
Buchanan subdivision No.1, Registered Map No. 1217,
freed and discharged from any mortgage or debenture
created by the said company or any of its predecessors
in title affecting the same respectively, subject to
the retAention of i'29,000.00 from the said sum for the
purposes mentioned in clause (17) hereof.
(a) To the Coldstream Estate Company Limited the sum required to re-imburse it for the cost of reconstruction
of the spillway works at the intake of the millpond
ditches on District Lot 57, which work was undertaken
by the said Company with the approval of the local organization Committee.
Se60.00
to Colonel George Osborne for the purohase of
the wooden stave pipe and its appurtenances situated on
or near the eastern boundary of the S.W.I Section 24,
Township 6, and commonly known as the "Osborne Pipe".
17.0f the said sum of $56,925.00 the sum of $29,000.00 shall
be deposited in a speoial account in the Bank of Montreal at
Vernon, B. C. in the names of the Coldstream Estate Company Limited
and of Edwin Harold Cunliffe the latter representing the owners of
land in respect of which there are outstanding at the date of these
Letters Patent water agreements made with Lord Aberdeen now Marquis
of Aberdeen and Tamair or the Coldstream Estate Company Limited
before the 10th day of July, 1915 and in respect of which lands there
have been paid or remain due and payable to the said Coldstream Estate
Company Limited, water rates, tolls or rentals for the use of the
said Company's works or for the carriage delivery or supply of water
for the irrigation of auoh land during the irrigation season of 1920
which said owners are herdnafter referred to as "the said agreement
holders".
15.
Provided that any owner who has paid or has been charged
by the Coldstream Estate Company Limited water rates, tolls or
rentals for irrigation water for the season of 1920, may for the
purpose of this clause be considered an agreement holder by
the special committee hereinafter mentioned, with the approval
of the Coldstream Estate Company Limited, but ouch payment shall
not necessarily entitle any such owner to compensation. There
shall be paid to each of the said Agreement Holders such sum as
may be allotted and apportioned to him by a special committee
composed of the said Edwin H. Cunliffe, W. R. Laidman and L. A. C.
Kent, or their successors in office payable only as to 75% of the
amount so allotted and apportioned to him when he shall have duly
executed and delivered to the said committee for the Coldstream
Estate Company Limited a transfer or release or surrender in form
approved by the said Company of every agreement or lease held by
him for the carriage, use or supply of irrigation water to his
lands and all his claims in, to and upon any irrigation works or
irrigation water licences, if any, appurtenant to his land and
a conveyance to the s..id Improvement District of all rights of
way and other easements over his land that may be required for the
acquisition, operation and full enjoyment of the licences and system
4 of the amount so allotted
of the Improvement District and ac to 25';0
and apportioned to him only when all of the Agreement Holders shall
have transferred or released all their claims and surrendered their
agreements or leases and assured such rights of way and other easements as aforesaid.
The sum to be paid to each of the said Agreement Holders anall
be allotted and apportioned by the said Committee and the decision
of the said Committee as to who is or who is not entitled to any
payment out of the said special account as an agreement Holder if
oonourred in by the Coldstream Estate Company 4imited shall be
final, but in case of difference thereon between the Committee and
the said Coldstream Estate Company Limited the same shall be referred to the Government Agent at Vernon, whose decision shall be
final. The decision of the Committee as to the amount which should
lje
be allotted and apportioned to any agreement holder found entitled to oompensation shall be final.
If the total acreage in respect of.whioh the said Committee
determines that'l l:payments shall be made out of the said special
account does not aggregate 1450 acres a sum representing twenty
dollars per aere for the acreage under that area shall when all
the allotments have been made be paid out of the said special
account .to the said Company.
In the case of ail vacancy in the said Committee the majority
of the said Agreement Holders present at a meeting called by or
on behalf of the other members of the Committee for that purpose
on not less than two days' notice published in a local newspaper
may select another of the said Agreement Holders to fill such
vacancy. Such Committee may also from time to time appoint another
person in the plane of the said Cunliffe and upon such appointment
the special account shall be vested in the said Company and the
new appointee jointly for the purposes aforesaid.
18.
All licences for irrigation purposes now held or enjoyed by
the White Valley Irrigation and Power Company Limited or the
Coldstream Estate Company Limited under the Water Acts or under
Chapter 50 of the ptatutes of British Columbia, 1909, and all
licencea by whomsoever held for irrigation purpose appurtenant
to any land within the territorial limits and all rights of way
and other easements in respect thereof now held or enjoyed by the
said companies or lioensees or any of them by virtue of the reservation contained in the grants from the Crown of the said lands
the acquisition of licenoes and the construction of works or by
possession or by deed or grant or otherwise held or enjoyed shall
from and after the date of its incorporation be the property of the
improvement district and the said improvement district shall be
entitled to all other rights of way and other easements that may
be or become necessary for the acquisition, operation and (or)
use of the licenoes and system of the said improvement district
and its officers, agents and workmen shall have authority to enter
upon use or take awY land within the territorial limits for the
purpose of surveying, ounstructing, extending and (or) repairing
the ditches, flumes and (or) pipes of said system and save as
provided in Clause 16 hereof the owner of any such lands shall not
be entitled to any compensation therefor and the said improvement
district shall from the date of its incorporation have the sole
right to convey water for irrigation purpose to any land within
the territorial limits.
19.
The Trustees of the said improvement district shall make
to the owners or occupiers of or other persona interested in real
property entered upon, occupied or used by the improvement district in the construction or operation of its works, or injuriously
-` affected by the exercise of any of its powers, dub compensation
for any damage (including interest upon the compensation at the
rate of six (6) per centum per annum from the time the real property was entered upon, occupied or used, and including the cost of
fencing and repairing, removing or replacing buildings, relaying
and making good sewerage, water and gas pipes, and electric wiring
when required) necessarily resulting from the exercise of such
powers beyond any advantage which the claimant may derive from the
contemplated works and every claim for such compensation shall be
deoided pursuant to the provisions of Schedule "C" of the WATER
ACT 1914 as amended.
20.
Save and except as herPbontained whenever the trustees in
the exercise of any of their powers enter upon take or use any
, real property they shall make to the owner thereof due compensation
for the real property so entered upon taken or used and they shall
have the power to purchase any such real property by agreement or
to acquire it by expropriation pursuant to the provisions of
Schedule "L" of the said Act.
21.
Sections 32, 97 to 116 inclusive, 256A, 267A and 26SA of
the WATER ACT 1914 as amended shall not apply to the said improvement district.
22.
In these Letters Patent unleaa the context otherwise requires
the meanings assigned by Section 3 or Seotion 172A of the WATER ACT
1914 to the words and expressions therein specified shall be appli-
cable.
IN TESTIMONY WHEREOF, We have caused these Our Letters
to be made Patent, and the Great Seal of Our said Province of
British Columbia to be hereunto affixed.
WITNESS, Our Trusty and Well-Beloved Colonel The Honourable
Edward Gawler Prior a member of Our Privy Council for Canada,
Lieutenant Governor of Odr said Province in Our City of Viotoria
in Our said Province, this dv
httA
day of December in the
year of Our Lord One thousand nine hundred and twenty and in the
eleventh year of Our Reign.
By Command
Deputy Provincial Secretary.