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 :

A Historical Summa y of the rights of the 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 - 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 .

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 .

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. Final Water Licence 2 139 1 is still held by a lessee. Conditional Water Licence 57023 is recorded in the name of the Band and there is no recent information on filed with respect to the exercise of rights under this licence.

Water Survey of Canada reported streamflow records from four different gauging stations on Shuswap River. These stations are Shuswap River at outlet of Mabel Lake (Station 08LCO 19), Shuswap River at outlet of Sugar Lake Reservoir (Station 08LC018), Shuswap River near Enderby (Station 08LC002) and Shuswap River near Lumby (Station 08LC003). Station 08LC002, Shuswap River near Enderby, is the closest station to Enderby Reserve 2. This station’s streamflow records, dating from 1911 to 1936 and fi-om 1960 to 1990, reported a low mean monthly flow of 3 1.5 cubic metres per second in February, increasing to a high in June of 288 cubic metres per second.

1. A lesser quantity of water was licensed under Conditional Water Licence 43512 than what was applied for by the Spallumcheen Band.

OTHER INFORMATION Groundwater Records:

Review of records of the Groundwater Sectlm finds evidence of four wells on Salmon River Reserve 1. No groundwater records could be found for Enderby 2 and Sicamous 3. Three of the wells on Salmon aver 1 yield small amounts of water, ranging fi-om 5 gallons per minute to 40 gallons per minute, and one well yields 550 gallons of water per minute. The extent to which these wells are utilized at this time is unknown and as provision of this information is voluntary, it can not be assumed to be complete.

Spallumcheen First Nation Water Rights Report 5

Municipal Water Sources:

The proximity of the Enderby Reserve 2 to Enderby and Sicamous Reserve 3 to Sicamous, presents the potential for water supply to theses reserves via a municipal water system.

The City of Enderby has waterworks licences to obtain water from Brash Creek and Shuswap fiver. Reports on water consumption in 1994 indicate that the Village experienced a peak daily demand of 1,200,000 gallons, well over their authorized maximum daily allowance under their licence; however, their annual demand is within licensed rights.

The District of Sicamous has licences to obtain water from Wiseman Creek, Mara Lake, and Sicamous Narrows for waterworks purposes. Reports on water consumption in 1994 indicate that the District experienced a peak daily demand of 1,200,000 imperial gallons, well over their authorized maximum daily allowance under their licence and above their annual licensed rights. However, the District does have an application on file for the right to divert an extra 100,000,000 gallons of water a year from Sicamous Creek for waterworks purposes. If this application is approved the District’s licensed rights would exceed their annual demand.

The potential for water supply from a municipality to Salmon River Reserve 1 is limited, as there are no municipal water systems in the proximity of this reserve.

Water Protection Records:

The Water Protection Section has record of a dyke along Shuswap River and Fortune Creek, which border Enderby 2. There is also record of 0.19 kilometres of bank improvement along Salmon River, which flows along the western border of Salmon River. The Spallumcheen Band maintains both the dyke and the bank protection.

Spallumcheen First Nation Water Rights Report ..

j0

.-L A \ 0 h)

us4 (D I

7YY \ I

foa I 2::

I ...... --.-.

..

I I I

CONDITIONAL WATER LICENCE. (IRRIGATION.)

.st.tuatsd ... near ... .tha ..N..~o-rner ... nf. .. ~a.t... l~~..o~o~oo.e~l.~.ls~~...~f ... Nala..Uis.tr IC t .

post-ofice addivss is...... O.t.taWa.,...... Cana.da ...... as oivncr or 1:iivfiiI occiil~iiit ol llie liiiicl Iicreiniiflcr spccilicvl, Iiiis iipplicd for ii licciicc lo take and use water in !lie rnaniier licrciriaftcr set out, and has 1:il:cn all the prcliininary steps required of such applicant under the “Water Act” prior to the issue ol this Iiccncc, and is, under the said Act, entilled llicrcto: Now, tlieiutfoir?, in pursn:uicc of llie said Act, this rontlitional licrnce is issnecl, granting tlic licciiscc licrriiiitler llrc riglit to liilx alii1 list wnlcr iiiitlw llic followiilg leriiis iintl coi1ditions:-

.....tha ... exhibit ... mark0.a ...!!A.‘.’___. hem% Q...tM,8c?h&d, ......

...... ll.th..Ee.brUary.,.... X.g.i& ...... (4.) ‘l’lie pnrposc for which tlm wnkr is io be wed is irrigiition and incidetikilly domestic nsc. (5.) Tlie in:isiliiunl qu:uititg of water which ni:iy lie tlircrlctl for use npon tlic Iiinds tncntioncd in clause (7) licrcof wlien all of tlic xiid lands are iinder irrigation is, until lawfully

used ...... 500 ...... g:iiio~is or \vntcr :I d:iy iiirougi:llout tile I\?IIOIC year fol- doniestic purpose.

nciuts, coni~~risi~~,rr.... por-tion ... of .. Spallumaheen... Indian ..Reaar. ~.e...na.....Z,. (9.) The said lands &hall bc properly prepared for irrigation and irrigsled beneficially from

thc said works on or before the ...... 30kh ...... day of ...... Sapkernbar ...... lL3.0.- (0.) Works €or the divcrsion and the carriage of tlic watcr as set forth in tlic exhibit marked “ 13 ” which is licrcto attaclicd and ma& a part licrcof sh:ill be constrnctcd in a workinan- lilrc nianncr and to the satisfaction of tlic Coniplrollcr of Wslcr Itiglits.

Tlic said conslruction sliall bc coininenccd on or bcforc tlic ...... 318% ......

dn~rof ...... Msr~h...... 10.28....

Tlic said conslrrictioii sli:ill bc prosccntcd with dnc cliligcncc and to the snlistaclion

oc (lie ConiplrolIcr :int~s1i:rII ~rccoinlilctct1 on or bccorc tIic ...... 3.O.Iih ...... d:~yof

...... segtewbe~:...... 1!).3a... (10.) Roforc any clixngc is niadc in tlic said works wliicli would Lc a material deviation from t1ic plans as xplrrovcd or the works as acccplcd by tlrc Comptroller, plans of snch pro- posed cli:ingc iiiiist Iro filed will1 ilic C~r~ii~~lrollcrn.1~1:iiq~ruvcd Ity liini.

(11.) This liccncc is snpp1cincnt:rrj to...... _ ... -...-._- ...... Licciicc No ...... -...... e ...... for tlic

divcrsion of ...... acrc-fcct pcr niinuiii froin ...... ~..~...~___~......

:ind Liccncc No.., ...__.__..______for llic divci*sion of ...... -...-..-...- ...... ncrc-Ice1 pcr annnni

Ironl ...... but no n10rc tllnll ...... - .... *...e ...... ncrc- fcct of watcr [cxcliisivc of Ihc cluanii1.y :illowcd for srclr:tgc and cv:ipcrral.ioii) nay bc divcrtcd froin :dl sonrccs for iisc illion tlic lands dcscribcd iii c1:insc (7) hcrcof. (1.2.) This liccncc is siibjcct lo readjnstmcn t wlieii 1iJdroii~ctricsnrvcJ-s liavc bccn iGdc of t11c sniirccs oI sirplily iiieiiIioiicd in cl:iiixcs (1 ) :ind (1 1 ) Iici*cof arid coniplctc infornixtion obliiiiicd rcsliccl ing tho rcqnircinciitrs of :ill 1:inds walcrcd thcrcfroni and thc licensee sli:ill siirrcnilcr tlic liccncc for aincndincnl \vlicn c:lllcd npon to do so.

(13.) This liccncc sli:rll no1 in any way IJCdccnicd to be n. 1in:il liccnce for thc IISC of w:~tcr,but sli:iIl Imve tlic clkct only or :I conditional liccncc issncd nndcr 1’:irt I.[. of thc \Vntcr Act,” and sliall bc siibjcct to all tho provisions of said Act, inclnding cspecially the provisions of scction 54 IlicrcoC rcqiiiring llic filing of protic oC thc coinplction of tho said works :ind of in:iliiiig liciiclici:il iisc of (lie w:iIcr :is :iillliorimtl wiIhiIr tl~cliliic licrcili prcscribcd.

(14.) ThLs..Ziosnce.... dDes .. no.t ... nn~ho.rlze...~~e...aanat~a~io~...Qr...msixLtren-

anco...~...~y... vuor ka... upon .. ar....the...aes.... or ... anmpatim... of...anx... lands

b olnnging... to.... the...Cro.vm..in...~h~...right ....af ... Canada...~~.Q.aa...~d....unt L1 suah... aonatrrua.t.i.on...nr.. main-tenanca ... F8... appr0x.e.d...~~....e.u.oh...~~.~ ....9.r.

o aoupat.ion... autho-x~zed.. b;y...~e...ML.r ....of ...t he ... 1nker.i.or......

~ssucdthis ...... 3Lst...... day or...... danuary:...... 1~28.... FlBe 066910 /

ComptrvUcr of Water Itigl~ts.

Liccncc Number ...... 1V.R.n. 1004 (Z)--ConQitiunnl I~lcence-Ir~I~ntlnn-lhI-1)2i-0112 I- I-

I' Id

EXH I BIT (1 B 9' (APPROVAL OF PLANS AND LIST OF WORKS TO BE CONSTRUCTED).

TIie works which are accepted as necessary and suitable for the talting and (or) using of the water under tlie above-inentioiied licence, and which are mum fully set oiit in the plans and specifications filed in the office of tlie Comptroller of Water Rights niinilicrcd ......

...... 489952 Jj......

......

...... as altered, anicnded, or limited by sulqilenicntnl ~I:LIIS nnd spccific:itions iiunibercd...... :.....

...... or in 1ettei.s or other docnnientx rcferrcxl to ati......

......

......

wliicli plans and specifications as thus altered, amended, or limited arc liereby approved, are as follows:-

...... DFtohe8 ......

......

......

......

......

......

......

......

File 066910

w.n.n. 1005 (Approval of Plans-BN-0~~-0~14-1~orml ,

To accompany Conditional Licence No.. -944%

VERNON WATER DISTRICT

Scalc, 20 Chains to 1 Inch.

R

?

EXHIBIT '' A ** WATER RESOURCES SERVICE DEPARTMENT OF LANDS, FORESTS. WATER RIGHTS BRANCH AND WATER RESOURCES I I JI I

THE PROVINCE OF BRITISH COLUMBIA-WATER ACT CONDlTIONAL WATER LICENCE

Eelke (Eric) H. and Margaret A. lloelcstra of Enderby, B.C. is/are hereby authorized to divert and use water as follows:-

(a) The source(s) of the water-supply $are Shuswap River.

1, (b) The point(s) of diversion is/are located as shown on the attached plan.

(c) The date from which this licence shall have precedence is 2nd November, 1965.

(d) The purpose for which the water is to be used is irrigation.

(e) The maximum quantity of water which may be diverted is 10 acre feet per annum,

and such additional quantity as the Engineer niay from time to time dcterniine should be allowed for losses.

(f) The period of the year during which the water may be used is 1st April to 30th September.

(6) The land upon which the water is to be used and to which this licence is appurtenant is Lot 2 of Block 1, Enderby Indian Reserve No.2, Kamloops Division of Yale District, Plan M505, of which LO acres may be irrigated.

(I!) The works authorized to be constructcd are pump, pipe and sprinkler system,

and they shall be located approximately as shown on the attached plan.

(i) The construction of the said works has been completed and the water shall be beneficially used on or before the 31st day of December, 1969.

superseded by Firral licence ’ ,7 ’

Comptroller of Water Rights.

File No. 0265896 Date issued: 17 April 1967 Conditional Licence No. 32173

0 1 ENTERED ori I VERNON WATER DISTRICT KAMLOOPS DIVISION OF YALE DISTRICT

Scale: 500 Fc et to 1 Inch

I, R. No. 2 E NDER BY

I LEGEND Point of Diversion 0 W.R. Map 8524 Pipe - - - * i boundaries of the land to which liccncc The this Signature. is appurtenant arc shown thus:- ..”.” th. Dart...... 17 .I...._...Apci.l ...... 19.67....”...... _, EXHIBIT “A” a-32 I73 6 File 026 5 89 6 0 WATER RIGHTS BRANCH ANI) WATEH RESOURCES

I

THE PROVINCE OF BRITISH COLUMBIA-WATER ACT CONDITIONAL WATER LICENCE

Thc IIonourable Ninistcr o€ Indian and Northcrn Affairs (I

(a) The sourcc(s) of the watcr-supply is/are Shuswclp River.

(6) The point(s) of d ivcrsi on is/nrc located as shown on the aiiiiclicd plan.

(c) The date from which this licence shall have precedence is 22nd October, 1973.

(d) The purpose for which the watcr is to be used is -irrigation.

(e) The maximum quantity of water which may be di.vcrtcd is 400 acrc fcct pcr annum,

and such additional quantity as the Engineer niay from tinic io time dcterniinc should bc i~llowcdfor losses.

(5) The period of the year during which the water may be uScd i S 1s t April to 30th Scptcnihcr.

(6) The land upon which the water is to be used and to which this licence i\ appurtenant is l3l.oclcs 1 to 5 jiiclusivc, 1Sndcrby Indian I:cscrvc //2, JCamloops Division of Yalc Ijistrict, of which 400 acres may be irrigated.

(11) The works authorizcd to be constructed are diversion ~tructitrcs,pumps, pipe and sprinklcr sys tcm,

which shall be located approximately as shown on the attached plan.

(i) The construction of the said works has bccn romnicnccd, and shall. bc compl ctcd and tlic water I~cncCiriaJlyrisctl 011 or bcrorc tlic 31st day of Dccemlwr, 1977.

Comptroller of Water Xi&.

File No. 0322051 Date issued: 2nd January, 1975 Condition;il Licence No. 4351 2

0 J

VERNON WATER DISTRICT KAMLOOPS DIVISION OF YALE DISTRICT

Scale:4O Chains to 1 inch -

TI? I8 W.6M

R.91 R.8 I L.237 I

I.R. No. 2

LEGEND Poinisof Diversion e W.R Map 8524 &0527 A Pipe ---

The boundaries of the land to which this liccncc is appurtenant are shown thus: - DaR .... Z.r%!...... Jan, 1975. cL.43512 File 032205 I Precinct W.' '-1M~88699YB - . BRITISHPROVINCE COLUbfBIA. OF 1 WATER ItiiHTS BRANCH. I.---.__!

FINAL WATER LICENCE.

The Superintendent-General of Indian Affairs of Ottawa, Canada, is hereby authorized to divert and use water as follows :-

(a.) The source of the water-supply is Moses brook.

a tributary of -

(b.) The point of diversion from the stream is located as shown in the Exhibit marked " A " hereto attached.

(c.) The date from which this licence shall have precedence is 17th February, 1926.

(d.) The purpose for which the water is to be used is Irrigation and domestic.

(e.) The maximum quantity of water which may be diverted from the stream is 10 acre-feet per annum, of which quantity 500 gallons a day may be used for domestic purpose.

(f.) The period of the year during which the water may I)c used L for irrigation is 1st , April to 30th September, and for domestic use is the whole year.

(g.) The land upon which the water may be used is 7 acres of portion of Spallumcheen Indian Reserve No. 2, situateU near North-west corner of District Lot 105, Osoyoos Division of Yale District,

as shown in the said Exhibit " A."

(h.) The works for the diversion and the carriage of the water consist of Ultohes

(i.) This licence is issued in substitution of Coiiditioiial Water Licence No. 9444. .I

To accompany Fin kence No. 9767......

VERNON WATER DISTRICT.

Scale, 20 Chains to 1 Inch. N

TP. 18. R.9. W. 6TF M.

SPALLUMCHEEN I. R. No. 2. ENDER6Y I /; fr Moses Brook. -14-

7.Acres to be ;rriqa+ed, Situated near N.W. car. of

t.9305' 1

The boundaries of the land to which this ...... licence is appurtenant are shown 6haded.md 7.aorsa y;thin the said boundaries arc to be wrigated, Datc ...... ,.? EXHIBIT "A" 4. /;;P ',* /p: f /4,, File 066910 500-1130-28'15

_c-- 7 WATER RESOURCES SERVICE WATER RIGHTS BRANCH AND WATER RESOURCBS

THE PROVINCE OF BRITISH COLUMBIA-WATER ACT FINAL WATER LICENCE

Eelke (Eric) H. and Margaret A. Hoekstra of Rox 213, Enderby, 8.C.

is/are hereby authorized to divert and use water as follows:-

(b) The point(s) of diversion is/are located as shown on the attached plan.

(c) The date from which this licence shall have precedence is 2nd November 9 1965

(d) The purpose for which the water is to be used is irrigation.

(e) The maximum quantity of water which may be diverted is 1.0 acre feet per annum,

and such additional quantity as tHe Engineer may from time to time determine should be allowed for losses.

(j) The period of the year during which the water may be used is 1st April. to 30th September.

(6) The land upon which the wiitcr is to be uscd and to which this liccncc is appurtenant is Lot 2 of Illock 1, Enderby Jndian Reserve #2, Kamloops Division of Yale District, Plan M505, of whi.ch 10 acres may be irrigated.

(h) The works authorized hereunder are diversion structure, pump, pipe and spri.nkler system,

located as shown on the attached plan.

(i) This liccncc is issued in substitution of Conditional Water Licence No. 32173

Comptroller oj Water Rights.

File No. 0265896 Datc issued: 15 December, 1970 Final Licence No. 21.391

0 /. !

KAMLOOPS DIVISION OF YALE DISTRICT

Sc.ile 500 Feet it> 1 liicli

L. 237 Os.

I. R. NO.2 ENDERBY

LEGEND Point of Diversion 0 W.R. Map 85248 Pipe --.

Thc boundaries of the land to which this licence Sipturc./-...... -...... _ is appurtenant are shown thus:- ...... "

Date...... !.5...... OS C .. ._...!..9.7.% ...... EXHlBlT "A" EL. 2 1391 fiiC.L32173 File0265896 Precinct ..,.1. ,,.a ,,e*

1 z I Es

g f VI VI w N w

D

2

F¶ E8 8

VI VI w0 ..NO00 0 0 00 0 E %E B $5 c0 re00 v1 d un$B w0 ocww

w0 w0 w0 w0 J J 1 J f f f

w0 2 n

-r N

w 4 VI

0UI mN NVI

% ?I % 5 Q Q c0 c0 c0 VI F 8 2

w0 w0 w0

w w i; i; 1 s i i PH P

c

VI O 0 PO40 .a000 "0 P .. .. 0 4000 00 0 %8 %8 F B$ B; B ee00 cc00 c0 :: 18 tl"IF ocW" ocW" "0

w "0 w0 w0 i; 1 J 1 1 B B

2 c(0 m 0 .0 VI .c c B P 9 P

u) u) i u) i u) 8 c4 G 40 m 0 0 E N E 0 w N c 2 w s 0 I-m VI4

c

N mN

N Nv)

f m 0 VI

w N w

c0

!i

c VI 0 0 w VI000 wP D .. 0 0 0 00 0 % %8 % 8 % 59 Q 9 Q 0 0 c0 c cr00 c0 c VI VI kB VI t vn t B t w0 w0 wwor w0 cw

0 0 w w0 w0 w 1 1 1 1c ; 1 r-L R

g F VI VI w N W

z

z

2 EH

N cP r0

0 P 0m 0 % % I I e0 r0 rn rn 8 8 w0 w0

w W W i: i; i: 1 s s ! mIDc

.0 m .N4 B a E m w d mVI E 0 P VI 9 4 VIP

wr om Lno S u 1 cW L W 5N 3 E :%q E; djK ::E ::E *4 81 5m 4

P EH

VI eo..0 00 %8 $2 cc00 rno BB ocww

w i; 1 i .nc c m w Wc w m m W w .0 .0 VI .0 VI c VI .PN . .w0

5

Bmng Cl 4 R L ii c

E E8

c w 0 VI0NO 0 .. F 00NO 5 %8 r0 $2 111 re00 g 0w CB ocww

w i; w0 1 1 cw c(0 c(0 m m m w w w .0 .0 .0 m m 0 .rN .cN . n n a VI VI w W w P P 0 m VIm mVI

0 0 0 E W E N N Pm VI VI 9 c 0 m m 4 2 (0 cVI VIm r g;

00

P P 8

r 6 n 2 8 c 51

P H H

c

VI 0 cw e 0 0 PI-

VI0 mVI 0 0 0 % % 8 I I 2 c0 r0 c0 111 111 8 8 w w0 w0 cW

w W0 w w w0 8 8 i; J J J J J E E E k E c r c (0 .a .a e.a m m m m w w W w .0 .0 0 . .0 m m m m .N N .I-N .N c .c c as $! t:g 21 51 8P 29 mv m'1 m v1

H s-

E E

P P E P

N4 Nm w0 c4

0(0 v10 w0 mv1 P P P P 5 I I I I-0 I-0 c0 0I- m m m m 8 8 8 8

w0 w0 w0 W0

W0 w0 W0 1 1 1 i i i F f a a a w w w P P P 4 w..I N4

0 0 0 w w w P P mLI m m m m m wm ..I u m4 5: 1; Eo R L3 P; owPO omrc.0 coow or or or N wN N wP wP P 0 P

P z n

4 9

E

Nw rnN NP N01

Nu1 m0 0 u101 G % B B c0 P0 111 I 1 w0 w0

w w w0 w w i; i; x x J 1 !3 J J 1 1 1 1 1 H

wVI m 0 0 F F I I c0 c0 m a arn w0 w0

w0 0w J J ! !i H

C

0 0 N PVI 0 0N

0 0 0 0 % E % % B 3 B B 0 c C0 C0 c0

o) o) (D 8 w 8 a" 0 w cY W0 w0

w0 w w 0" i: w0 1 1 1 1 B E B VI $:

F !i P H w 8

4 VI w0 0 P 4 cVI m 0 P 0 0 0 G G G I I I c0 c0 c0 rn m rn 4 4 4 w0 w0 w0

w w w i; i; 8 1 1 J E E E