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Shuswap River Spa11 umckeen First Alation Management and Standards Branch Copy NOT TO BE REMOVED FROM THE OFFICE WATER BC our vital resource BRITISH Ministry of Environment, Lands and Parks COLUMBIA _--e----- - ~ ~ ~ __- FIRST NATIONS WATER RIGHTS IN BRITISH COLUMBIA: A Historical Summa y of the rights of the Spallumcheen First Nation Research and writing by: Diana Jolly Edit by: JOL Consulting Review by: Gary W. Robinson Prepared for publication: April, 2000 Canadian Cataloguing in Publication Data Jolly, Diana. First Nations water rights in British Columbia. A historical summary of the rights of the Spallumcheen First Nation ISBN 0-7726-4251-6 1. Water rights - British Columbia - Enderby Indian Reserve No. 2. 2. Water rights - British Columbia - Salmon River Indian Reserve No. 1. 3. Water rights - British Columbia - Sicamous Indian Reserve No. 3. 4. Shuswap Indians - British Columbia - Enderby Region - Government relations. I. JOL Consulting (Firm) 11. Robinson, Gary W. 111. British Columbia. Water Management Branch. IV. Title. V. Title: Historical summary of the rights of the Spallumcheen First Nation. KEB529.5.W3J664 2000 346.71104’32 COO-960178-3 KF8210.W38J664 2000 ACKNOWLEDGMENTS The Ministry of Environment, Lands and Parks wishes to acknowledge three partners whose contributions were invaluable in the completion of the Aboviginal Water Rights Report Series: The Ministry of Aboriginal Affairs, was a critical source of funding, support and direction for this project. The U-Vic Geography Co-op Program, was instrumental in providing the staffing resources needed to undertake this challenging task. Through the services of June Whitmore and her office, the project benefited from the research, writing, editing and co-ordination of these outstanding students: Jas Gill Christina Rocha Julie Steinhauer Rachel Abrams Kelly Babcock Elizabeth Lee Daniella Mops Sara Cheevers Miranda Griffith The services of Clover Point Cartographics Limited of Victoria, was responsible for the preparation of most of the map drawings, which form a valuable part of these documents. ’\ In addition to these three key partners, I must acknowledge the valuable contributions of other Water Management staff, past and present, including Jack Farrell, Jim Mattison, Richard Penner, Diana Jolly, Greg Blaney, Gary Lucas and Kim Johnston. The sheer numbers of First Nations groups’ with histories of water rights made the completion of the Report Series seem, at times, prolonged. The determination, patience and vision of the partners was essential in the completion of the Series and is gratefully acknowledged. Gary Robinson Project Manager Water Management Branch TABLE OF CONTENTS LOCATION ......... 1 WATER ALLOCATIONS ......... 2 HISTORY. CURRENT STATUS. AND NOTES ......... 2 ENDERBY #2 ......... 2 Moses Brook ......... 2 History ......... 2 Current Status ................... 3 Notes ......... 3 Shuswap River ......... 3 History .........3 Current Status ................... 4 Notes ......... 4 OTHER INFORMATION ......... 4 Groundwater Records ......... 5 Municipal Water Sources ........:5 Water Protection Records ......... 5 APPENCICES: TABNO. , 1. TABLE: Summary of Water Rights Record for the Spallumcheen Band. 2. LICENCES AND PLATS (Conditional Water Licences 9444,32173, and 43512. Final Water Licences 9767 and 21391). 1 3. STREAM REGISTER REPORTS (Moses Brook and Shuswap River) 4. WATER SURVEY OF CANADA RECORDS (Shuswap River). 5. COPY OF THE DATA SUMMARY OF GROUNDWATER RECORDS IN THE SPALLUMCHEEN RESERVES AREA. 6. COPY OF DATA SUMMARY OF WATER PROTECTION RECORDS FOR FIRST NATIONS. 7 MAPS: 1) Spallumcheen Band Reserves and area i) Map of Enderby Reserve #2 FIRST NATIONS WATER RIGHTS REPORT BAND: Spallumcheen ADDRESS: PO Box 430, Enderby B.C., VOE 1VO CHIEF: Cindy Williams PHONE: 838-6496 FAX: 838-213 1 AFFILIATION: Independent LOCATION: The Spallumcheen Band occupies three separate reserves in the Interior Plateau Region. The three reserves are: Y Enderby 2 - a 2,267-hectare reserve located near Enderby, along the Shuswap River. Y Salmon River 1 - a 1,559.3-hectare reserve located on the right bank of Salmon River, west of Enderby 2 and south of Salmon Arm. Y Sicamous 3 - a 78.9-hectare reserve located south of Sicamous, on the west bank of Mara Lake. The most recent population figures from the Ministry of Finance show the Spallumcheen Band to have a population of 3 13 persons living on reserves as registered members. It’s total population, including registered and non-registered members living on-reserve, on crown land and off- reserve is 580. Within the Interior Plateau the Spallumcheen reserves lie at elevations ranging from 1200 feet to 3500 feet above mean sea level, and experience climate ranging from an average daily temperature of -10 degrees centigrade in January and up to 20 degrees centigrade in July. The average annual rainfall for this area is 30 - 50 centimetres. Water courses of significance include: Y Moses Brook, which is located in the southeast section of Enderby 2. Y Shuswap River, which flows northwest, through Enderby 2, and drains into Mara Lake. Spallumcheen First Nation Water Rights Report 2 WATER ALLOCATIONS: There is no record of any allocations of water made by the Indian Reserve Commission with respect to the Spallumcheen Band. Similarly, there is no record of an allocation by an Order in Council of the Lieutenant Governor in Council, nor any orders of the Board of Investigation. However, water rights of the Spallumcheen Band have been recorded or affected by two actions of government over the years: 1) Granting of water licences from Federal Government or other parties’ applications for licences for the use of water on reserves. 2) Actions to amend rights under the licence pursuant to provisions in the Water Act. HISTORY, CURRENT STATUS, AND NOTES: No indication has ever been made of any water licences having been granted to the Spallumcheen Band with respect to Salmon River 1 and Sicamous 3. In addition, no evidence is available to indicate that any allocation of water rights to these reserves has ever been intended. The history of water rights, the current status of rights, and notes for the Spallumcheen Band with respect to the water sources for Enderby 2 are as follows: ENDERBY #2 Moses Brook History: Jan 31,1928 The Comptroller of Water Rights issued Conditional Water Licence 9444 to the Superintendent General of Indian Affairs in accordance with an application filed by an Indian Agent. This licence was given a date of precedence of February 17,1926, and authorized the diversion of 10 acre feet of water a year from Moses Spring for the imgation of 5 acres of a portion of Spallumcheen Indian Reserve No. 2, situated near to the northwest corner of Lot 105, Osoyoos Division of Yale District, provided that of this quantity 500 gallons a day may be used throughout the whole year for domestic purpose. Aug 20,1936 The Comptroller of Water Rights issued Final Water Licence 9767 to the Superintendent-General of Indian Affairs. This licence, issued in substitution of Conditional Water Licence 9444, was given a date of precedence of February 17, 1926, and authorized the diversion of 10 acre feet of water a year from Moses Brook for the irrigation of 7 acres of a portion of Spallumcheen Indian Reserve No. 2, situated near to the Spallumcheen First Nation Water Rights Report 3 northwest comer of Lot 105, Osoyoos Division of Yale District, provided that of this quantity 500 gallons a day may be used throughout the whole year for domestic purpose. The Engineer’s Report for Final Water Licence 9767 indicated that the source authorized under the licence would be better identified as a brook rather than a spring. Current Status: Final Water Licence 9767, in the name of the Spallumcheen Band is the only active licence on Moses Brook. There is no information on file with respect to the exercise of rights under ths licence. Notes: 1. There is no additional information with respect to the water rights of the Spallumcheen Band ll on Moses Brook. I Shuswap River History: Apr 17,1967 The Comptroller of Water Rights issued Conditional Water Licence 32173 to Eelke H. and Margaret A Hoekstra, lessees, in accordance with their application. This licence was given a date of precedence of November 2, 1965, and authorized the diversion of 10 acre feet of water a year from Shuswap River for the irrigation of 10 acres of Lot 2 of Block 1, Enderby Indian Reserve No. 2, Kamloops Division of Yale District, Plan M505. Dec 15,1970 The Comptroller of Water Rights issued Final Water Licence 2 139 1 to Eelke (Eric) H. and Margaret A. Hoekstra. This licence, issued in substitution of Conditional Water Licence 32173, was given a date of precedence of November 2,1965, and authorized the diversion of 10 acre feet of water a year from Shuswap River for the irrigation of 10 acres of Lot 2 of Block, Enderby Indian Reserve #2, Kamloops Division of Yale District, Plan M505. Jan 2,1975 The Comptroller of Water Rights issued Conditional Water Licence 43512 to the Minister of Indian and Northern Affairs in accordance with an application filed by the same office. This licence was gwen a date of precedence of October 22, 1973, and authorized the diversion of 400 acre feet of water from Shuswap River for the irrigation of 400 acres of Blocks 1 to 5 inclusive, Enderby Indian Reserve #2, Kamloops Division of Yale District. Spallumcheen First Nation Water Rights Report 4 The Minister of Indian and Northern Affairs had originally applied for the right to divert 700 acre feet of water a year; however, a lesser quantity was authorized with the issue of Conditional Water Licence 435 12 as being sufficient for the area to be irrigated. Current Status: There are a total of 227 licences and 3 applications on Shuswap River, below Mabel Lake. Final Water Licence 21391 (68th in priority) and Conditional Water Licence 57023 (135th in priority) are the only active licences on Shuswap River for the benefit of the Spallumcheen Band.
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